Can You Really Be Charged With a Felony for Driving a Golf Cart Drunk in Illinois?

In a city as dense and diverse as Chicago, unconventional transportation is not just common—it’s part of daily life. In neighborhoods like Beverly, Hyde Park, and even near North Avenue Beach, it’s not unusual to see golf carts used for short errands, work-related tasks, or leisure. But what many don’t realize is that Illinois DUI laws do not just apply to standard vehicles. If you’re behind the wheel of a golf cart while impaired, you can absolutely be arrested—and yes, the charges can be a felony.

As a longtime Chicago DUI defense attorney, I’ve represented clients facing DUI charges in everything from cars and motorcycles to e-scooters and golf carts. The reality is, prosecutors take these cases seriously, especially when someone is injured, or the accused has prior DUI convictions.

Let’s break down how these charges work, what penalties you could face, and why you must take any DUI—golf cart or not—just as seriously as you would a traditional drunk driving case.

How Illinois Law Defines DUI—And Why It Includes Golf Carts

Under Illinois Compiled Statutes 625 ILCS 5/11-501, driving under the influence is defined broadly to include operating any vehicle while under the influence of alcohol, drugs, or a combination thereof. The word “vehicle” is key here. It’s not restricted to cars, trucks, or motorcycles. It can apply to golf carts, riding lawnmowers, ATVs, and even bicycles in certain situations.

So how does this apply to golf carts?

If the golf cart is being driven on a public roadway, or on property open to public use (such as park district areas, university campuses, or suburban neighborhoods that permit golf carts), then law enforcement officers can stop, test, and arrest a driver for DUI if impairment is suspected.

Even if you believe you were only on private property, the police might still investigate and arrest you if your actions posed a danger or if they observed you enter a public road at any point.

When a DUI on a Golf Cart Becomes a Felony Offense

A first-time DUI in Illinois is usually a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,500. But there are circumstances under which a DUI on a golf cart can immediately rise to the level of a felony—known legally as an Aggravated DUI under 625 ILCS 5/11-501(d).

Here are examples of when this can happen:

• You have two or more prior DUI convictions. A third DUI offense is a Class 2 felony, carrying up to 7 years in prison.
• You were driving with a suspended or revoked license, even if you were in a golf cart. That alone can elevate the charge to a felony.
• A child under 16 was riding in the golf cart at the time of the offense. This can trigger an enhancement even on a first DUI.
• You caused an accident resulting in serious injury or death. If the golf cart collides with a pedestrian or cyclist and causes bodily harm, you’re potentially facing a Class 4 felony or worse.
• You were driving a non-street-legal vehicle on public roads without permission, which is an additional offense and could complicate your case.

So yes—a golf cart DUI can very much result in a felony charge under Illinois law, depending on what aggravating circumstances are present.

Example: A Golf Cart DUI Case in Chicago’s Near West Side

Let’s consider a realistic scenario that could easily happen in any Chicago neighborhood.

A maintenance worker in the Near West Side of Chicago uses a company golf cart to shuttle tools between two buildings during a weekend event. That day, he drinks at a friend’s backyard cookout before returning to work to finish cleanup. As he pulls the golf cart across a public alleyway, a pedestrian steps out, and the cart clips their leg. Police are called, and the worker admits he drank earlier. A breathalyzer reveals a BAC of .10.

Despite the golf cart being used for work purposes, the presence of public access and a minor injury escalates this case. It becomes a Class 4 felony Aggravated DUI. The prosecution argues public endangerment and bodily harm.

A Chicago criminal defense attorney could argue the vehicle was briefly in a public area and that the injury was minimal. However, the BAC and the fact the golf cart was motorized on public ground still give the prosecution a solid foundation for the felony charge.

The Criminal Case Process for DUI in Illinois

Being arrested for DUI—especially a felony DUI—is not a minor inconvenience. It launches a formal criminal process governed by Illinois law, and each stage carries significant risks if handled poorly.

1. Initial Arrest and Booking:
After failing a field sobriety test or breathalyzer, you’re arrested. You may be taken to the local police station, fingerprinted, photographed, and held in custody until bond court.

2. Bond Hearing (First Appearance):
This hearing occurs within 48 hours in most cases. A judge determines if you’re eligible for release and sets your bond conditions. This is also where having a defense attorney immediately can impact your release terms.

3. Preliminary Hearing or Indictment:
In felony cases, prosecutors must show probable cause, either through a hearing or a grand jury indictment.

4. Discovery and Pretrial:
This is the stage where we review all evidence the State intends to use against you: dash cam footage, breath test logs, witness statements, and police reports. We also identify constitutional violations and file suppression motions if needed.

5. Trial:
If no plea deal is reached, we go to trial. At this point, the burden is entirely on the State to prove each element beyond a reasonable doubt. That includes proving you were on public property, that the golf cart was a “vehicle” under the statute, and that impairment existed.

6. Sentencing (If Convicted):
Felony DUI convictions can carry mandatory jail or prison time, license revocation, and a permanent criminal record.

Having legal guidance from start to finish is critical. Without it, even an innocent statement to police can damage your case at trial.

Evidence Used in a Golf Cart DUI Arrest

Police and prosecutors will work to build a solid case using any available evidence. In golf cart DUIs, this often includes:

• Field sobriety test results
• Portable breath test (PBT) readings
• Blood or urine tests, particularly if drug use is suspected
• Police officer testimony about slurred speech, erratic driving, or odor of alcohol
• Statements made by the driver at the time of arrest
• Surveillance footage from homes, buildings, or dash cams

Unlike vehicle DUIs, golf cart cases often involve extra scrutiny on the legality of the stop and where the vehicle was being operated. That’s an opportunity for your attorney to challenge jurisdiction and evidence collection.

Why You Need a Criminal Defense Attorney for a Golf Cart DUI

You’re not going to talk your way out of a DUI—especially not a felony-level one. If you’re arrested for DUI in Illinois, the worst thing you can do is assume that a judge or prosecutor will “go easy” on you because you weren’t in a traditional vehicle.

Golf cart or not, if you’re charged with DUI, you’re facing criminal prosecution with lifelong consequences.

Here’s how an experienced Chicago DUI defense lawyer can help:

• Challenge the legality of the stop and whether the golf cart was on public property
• Dispute test results and field sobriety procedures
• Negotiate with prosecutors for a reduced charge or alternative sentencing
• Represent you in court and at trial if necessary
• Protect your license, job, and criminal record from long-term harm

If you go it alone, or with an overworked public defender, your odds of avoiding a conviction drop significantly.

FAQs: Golf Cart DUI Felony Charges in Illinois

Can you get a felony DUI without causing an accident?
Yes. In Illinois, you can be charged with a felony DUI even if no accident occurs. If you have two or more prior DUI convictions, are driving with a suspended license, or have a minor in the vehicle, the DUI can be elevated to a felony.

Do I need a lawyer if this is my first DUI and I was on a golf cart?
Absolutely. Even a first-time DUI conviction can carry jail time, license suspension, and a criminal record. More importantly, if there’s any chance the case could be elevated due to aggravating factors, you need legal representation immediately.

Can the police arrest me on private property if I’m driving a golf cart drunk?
Usually, DUI laws apply when the vehicle is operated on a “public highway or property open to the public.” If you’re truly on private land, it might be a valid defense, but police may still arrest if they believe you entered a public area or endangered someone. This is fact-specific and requires legal analysis.

What’s the penalty for a felony DUI in Illinois?
Penalties for felony DUI in Illinois range based on the class of felony. A Class 4 felony can result in 1–3 years in prison. A Class 2 felony can lead to 3–7 years. Fines, license revocation, and mandatory treatment programs are also common.

Will a golf cart DUI go on my criminal record?
Yes. If you are convicted of a DUI, even one involving a golf cart, it becomes a permanent mark on your Illinois criminal record unless you later qualify for expungement or sealing—which is difficult for DUI convictions.

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.