In places like Bridgeport, Logan Square, and Uptown, residents and workers occasionally use golf carts for recreation, local errands, or property maintenance. They’re practical, easy to use, and often legal on certain roads when properly equipped. But here’s the problem many don’t anticipate: driving a golf cart while impaired can result in DUI charges—and those charges can be felonies under Illinois law.
As a longtime criminal defense lawyer in Chicago, I’ve defended hundreds of people who were shocked to find themselves facing serious charges for what they believed was minor conduct. Golf cart DUIs aren’t treated lightly in this state, especially when aggravating factors are involved. Understanding the risks—and the law—can make all the difference if you or someone you know is facing these charges.
DUI Law in Illinois: What Counts As a “Vehicle?”
Illinois defines DUI under 625 ILCS 5/11-501, which prohibits driving or being in “actual physical control” of any vehicle while under the influence of alcohol or other intoxicating substances. The statute does not say “car” or “motor vehicle” exclusively—it says “vehicle,” and courts interpret that term broadly.
So, what does this mean?
If you are behind the wheel of any vehicle—including a golf cart—on a public roadway or even in certain areas open to public use, you can be arrested and charged with DUI.
Many neighborhoods in Chicago have adopted policies allowing low-speed vehicles (LSVs), including street-legal golf carts, to operate on designated roads. But once those vehicles are used on public streets, they fall under the full scope of the Illinois Vehicle Code—including its DUI laws.
When Does a Golf Cart DUI Turn Into a Felony?
Most first-time DUIs are misdemeanors. However, under specific conditions, Illinois law classifies a DUI as a felony, called an Aggravated DUI. This classification applies whether you’re driving a car, truck, motorcycle, or golf cart.
Under 625 ILCS 5/11-501(d), a golf cart DUI becomes a felony if:
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It’s your third or subsequent DUI offense
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You caused serious bodily injury or death
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You had a child passenger under 16 years old
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You were driving with a suspended, revoked, or invalid license
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You had no insurance
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You were driving in a school zone during restricted hours and caused an accident
Even without an accident, the presence of aggravating factors like a suspended license or multiple prior DUIs can elevate a golf cart DUI to a Class 2 or Class 4 felony, punishable by years in state prison and significant fines.
Realistic Case Study: A Summer Evening in Humboldt Park
During a block party in Humboldt Park, a local business owner uses his street-legal golf cart to transport coolers and supplies from his storefront to the party area. Later that night, after a few drinks, he offers to give guests a lift to their cars. While turning onto a side street, the cart veers too far and hits a parked car.
Police arrive after a neighbor reports the crash. The officer notes the smell of alcohol and conducts a field sobriety test. The man admits to drinking and is arrested. His blood alcohol content (BAC) is measured at 0.09—just over the legal limit.
This is his second DUI. What was meant to be a helpful gesture turns into a felony DUI charge under Illinois law due to the prior conviction. Although the incident involved no injury, the prior DUI conviction changes everything.
The Stages of a Felony DUI Case in Illinois
After an arrest, the criminal process kicks into gear. Here’s what typically happens next:
Booking and Initial Detention
You’re taken to the local precinct, processed, and held for a bond hearing. In Cook County, you’ll usually appear before a judge within 24 hours.
Bond Court Appearance
At this hearing, the judge will set bail and conditions of release. If you’re charged with a felony, the State’s Attorney may push for electronic monitoring or a high bond—especially if you have a prior DUI.
Preliminary Hearing or Grand Jury Indictment
Felony DUI cases may proceed by preliminary hearing (where a judge determines probable cause) or by grand jury indictment.
Discovery and Pretrial Strategy
Your attorney will obtain all evidence from the State, including police reports, chemical test results, officer bodycam footage, and witness statements. This phase is crucial for building a defense strategy.
Motions to Suppress
If your rights were violated—say, an illegal stop or a flawed breathalyzer test—your attorney may file pretrial motions to suppress that evidence.
Trial or Plea Negotiations
If the case goes to trial, the State must prove guilt beyond a reasonable doubt. Often, skilled attorneys negotiate lesser charges, especially if the stop or test results are weak.
Sentencing (if convicted)
A Class 4 felony carries 1–3 years in prison. A Class 2 felony can mean 3–7 years. Probation, treatment programs, or even boot camp may be alternatives in some cases.
This process is overwhelming without guidance. Having an attorney involved early changes the entire dynamic of the case.
Types of Evidence Prosecutors Use in Golf Cart DUIs
While some might assume golf cart cases are less serious, prosecutors gather the same kind of evidence as they would for any DUI. This can include:
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Dash cam and body cam footage
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Officer observations (speech, balance, odor)
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Field sobriety test results
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Breathalyzer or blood test results
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Witness testimony
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GPS or surveillance video from nearby buildings
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Photos of any property damage
Your attorney’s job is to break that evidence apart, challenge inconsistencies, and identify constitutional or procedural flaws. The goal is either to suppress the evidence or show it’s insufficient to support a felony charge.
Legal Defenses Available in Golf Cart DUI Cases
The best DUI defenses are based on facts, not excuses. Every detail matters—from where the golf cart was being driven to how the breathalyzer was maintained. Some potential legal defenses include:
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Improper Stop: If the officer had no reasonable suspicion to stop you, the evidence may be suppressed.
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Invalid Testing Procedures: Chemical tests must follow strict protocol. Any deviation can make results inadmissible.
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Medical Conditions: Certain health issues can mimic impairment symptoms or skew breathalyzer results.
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Not on Public Property: If the golf cart was driven entirely on private property, DUI laws might not apply.
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Miranda Violations: If you were questioned after arrest without being read your rights, statements can be excluded.
Every case is different. A skilled DUI attorney in Chicago will investigate every possible angle to reduce or beat the charge.
FAQ: Golf Cart DUI Felonies in Illinois
Is a golf cart considered a vehicle under Illinois DUI law?
Yes. Under 625 ILCS 5/1-217, Illinois defines a vehicle broadly to include any device used to transport people or property on highways. A golf cart, especially a motorized one used on public roads, fits within this definition.
Can I be charged if I was only driving on private property?
Possibly not. DUI laws typically require operation on public highways or areas open to public use. However, if the police claim your cart entered a public alley or sidewalk, they may argue jurisdiction.
Is a golf cart DUI less serious than a regular DUI?
No. The penalties are the same under Illinois law. Whether you’re in a car or a golf cart, if you’re impaired while driving on public property, you face the same misdemeanor or felony consequences.
What happens to my license if I’m convicted of a golf cart DUI?
Just like a car DUI, your license can be suspended or revoked depending on the outcome of the case and whether you submitted to chemical testing. A first-time conviction leads to a minimum one-year revocation for a felony DUI.
Can I expunge a golf cart DUI conviction later?
DUI convictions in Illinois—even first-time offenses—generally cannot be expunged or sealed. They remain on your permanent criminal record and can affect employment, housing, and licensing opportunities.
Will I go to jail if convicted?
It depends. For misdemeanor cases, jail is possible but often avoidable with probation or alcohol education. Felony convictions carry mandatory prison ranges, but alternatives like boot camp, treatment, or impact panels may be options.
Should I hire a private criminal defense attorney?
Yes. DUI laws are complex, and the stakes are too high. A private attorney can devote the time and resources needed to build a strong defense and push for the best outcome.
Why Choose The Law Offices of David L. Freidberg
DUI charges—especially felony ones—can follow you for the rest of your life. When you’re accused of driving drunk on a golf cart, the law does not go easy on you. You need a seasoned legal professional who knows Illinois DUI law inside and out and who has stood in front of Chicago judges in these exact cases.
At The Law Offices of David L. Freidberg, we don’t treat any case as minor. We dig deep into the facts, challenge flawed procedures, and work to preserve your freedom, your driving privileges, and your clean record.
We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County, Illinois. We’re available 24/7 to discuss your case and start building a defense strategy immediately.
When You Need a Fighter, Call Us!
Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.