Legal Question in DUI Law in Wisconsin

DUI on a golf cart

First time visit to river camp ground. Had been drinking during day maybe 4-5 beers. Friends kids boyfriend 20 years old was being served in bar. He got drunk and decided to walk home, 2 hour drive away. Found out and got on a golf cart to go get him with girlfriend. Was on shoulder but not realizing I was on a highway/it was 2 lane road. She jumped out, I pulled on wheel to not hit her, front wheel caught grass and rolled golf cart. No one hurt but cops were there/bad judgment call on my part. Took test with no shoes/flunked. Taken to jail/blew .11. Can I get this reduced to negligent or wreakless driving? Is a golf cart considered a motorized vehicle?


Asked on 5/30/03, 10:18 am

2 Answers from Attorneys

Derek Patrin Meaney & Patrin, P.A.

Re: DUI on a golf cart

First of all, yes, you can get a DWI on ANY vehicle that does not run on human power alone (i.e., you can't get one on a normal bicycle but you can get one on a horse, riding lawnmower, motorized scooter, etc.). Since this guy is 20, he is subject to the regular DWI law for being over .10, but is also subject to the Underage Drinking & Driving law. If he is a first time offender, many prosecutors will consider dropping the offense down to a Careless Driving offense. HOWEVER, it is critical to understand that the offense will still be counted as an alcohol-related offense if the license revocation stays on his record along with the Careless Driving. The only way to get the revocation off the record is to file a formal Petition asking the court to review it. If he does not do this within 30 days of receiveing notice of the revocation (usually on the same day of the arrest) his right to challenge the license revocation is gone forever. If this guy wants to try to keep this off his record as an alcohol-related offense, he should contact a DWI attorney for a consultation. He should make sure to contact an attorney who is licensed in the state where the arrest took place (MN or WI). Good luck!

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Answered on 5/30/03, 1:51 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: DUI on a golf cart

Since you say this happened in Wisconsin, you should ignore all replies from Minnesota lawyers regarding Minnesota law -- which does not apply in Wisconsin. You need to inquire of a Wisconsin licensed lawyer, about Wisconsin law -- if it happened in Wisconsin.

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Answered on 5/30/03, 2:58 pm


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