Most drivers assume DUI charges only apply when someone is operating a car. In Florida, that assumption can lead to serious legal trouble. The law is written broadly, and it allows DUI arrests in situations that have nothing to do with traditional vehicles.
You can be charged with DUI on a bicycle, a golf cart, a boat, or even a lawn mower. What matters is not the type of vehicle, but whether you were impaired and in control of something capable of transportation. Law enforcement and prosecutors focus on risk to the public, not the label attached to the device you were using.
Florida Law: Why DUI Is Not Limited to Cars
Under Florida Statute 316.193, a person commits DUI if they are:
- Driving, or
- In actual physical control of a vehicle
While under the influence of alcohol or controlled substances to the extent that their normal faculties are impaired, or with a blood alcohol level of 0.08 or higher.
The key term is vehicle, which is defined under Florida Statute 316.003 as:
“Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway.”
This definition is intentionally expansive. It does not limit DUI enforcement to cars, trucks, or motorcycles. If a device is being used to move a person or property on a roadway, it may fall within the statute. Courts have consistently interpreted this language in a way that allows DUI charges to apply in nontraditional scenarios.
For watercraft, Florida has a parallel statute under Florida Statute 327.35, which applies nearly identical standards to vessels operating on Florida waterways. The policy behind both laws is the same, preventing impaired operation in environments where it can cause harm.
What “Actual Physical Control” Really Means
One of the most misunderstood aspects of Florida DUI law is that you do not need to be actively driving to be arrested. The statute applies if you are in actual physical control of a vehicle.
Florida courts generally interpret this to mean:
- You have the present ability to operate the vehicle
- You are in a position to control it
- The vehicle is operable or capable of being operated
This concept allows officers to intervene before a vehicle is put into motion, which is why many DUI arrests occur even when the vehicle is stationary.
Common Examples of Actual Physical Control
- Sitting in the driver’s seat with the keys in your possession
- Sleeping in a parked car with the engine running
- Straddling a running motorcycle or sitting in a golf cart with the ignition engaged
- Holding and balancing a bicycle in the roadway while impaired
In these situations, the argument is that you could operate the vehicle at any moment, which creates a risk the law is designed to prevent.
Situations That May Suggest Lack of Control
There are cases where a defense may argue that you were not in actual physical control:
- You are asleep in the back seat with no immediate access to the keys
- The vehicle is disabled or inoperable
- You have taken clear steps to avoid operating the vehicle, such as placing keys outside your reach
These cases are highly fact-specific. Prosecutors often argue control broadly, while defense strategies focus on showing a lack of immediate ability to operate the vehicle.
DUI on a Bicycle in Florida
Many people assume bicycles fall outside DUI laws because they are not motorized. Florida law does not make that distinction.
Because a bicycle is used to transport a person on a public roadway, it can fall within the statutory definition of a vehicle. Florida courts have supported this interpretation, meaning a cyclist who is impaired can be stopped, investigated, and arrested for DUI. Here’s a recent example of a DUI arrest in the Florida Keys.
These cases often arise when a rider is:
- Causes an accident
- Swerving into traffic lanes
- Ignoring traffic signals
- Creating a hazard for vehicles or pedestrians
From a legal standpoint, the risk created by impaired operation is what drives enforcement, not the size or speed of the vehicle.
DUI on a Golf Cart
Golf cart DUI arrests are common throughout Florida, particularly in residential communities, beach towns, and areas where golf carts are used for everyday transportation.
While many people view golf carts as harmless, they are frequently operated on shared roadways and can cause serious accidents. Law enforcement treats impaired operation of a golf cart the same way they would treat a car in many situations. Here’s a recent example in the news from St. Johns County.
Cases often involve:
- Late night driving in neighborhoods
- Accidents involving pedestrians or other vehicles
- Open container situations combined with impaired operation
Florida has seen multiple serious incidents involving golf carts, including cases with significant injuries and fatalities. These cases are prosecuted aggressively because of the preventable nature of the risk.
DUI on a Boat, Boating Under the Influence
Florida’s waterways are heavily patrolled, and boating under the influence is taken just as seriously as DUI on land.
Under Florida Statute 327.35, it is illegal to operate a vessel while impaired. This includes a wide range of watercraft:
- Powerboats
- Jet skis
- Fishing boats
- Pontoon boats
Marine patrol officers regularly conduct safety checks, especially during weekends and holidays. During these stops, they look for signs of impairment and may conduct field sobriety exercises adapted for marine environments.
BUI charges carry consequences similar to DUI, including fines, possible jail time, probation, and a permanent criminal record. In cases involving accidents or injuries, penalties can increase significantly.
DUI on a Lawn Mower
DUI arrests involving lawn mowers may sound unusual, but they occur more often than people expect.
When a riding mower is operated on a public roadway, it may be treated as a vehicle under Florida law. The reasoning is straightforward:
- It is motorized
- It transports a person
- It is being used in a space shared with other vehicles
These cases typically arise when someone drives a mower along a road after consuming alcohol, often at night. If the conduct creates a safety risk, officers may initiate a stop and proceed with a DUI investigation. Last year in 2025, FHP made a DUI arrest on the Florida Turnpike involving a lawnmower.
DUI on an E-Bike or Scooter
As e-bikes and electric scooters become more common, DUI enforcement has expanded to include these devices.
Unlike traditional bicycles, many e-bikes and scooters are motor-assisted and capable of higher speeds. When used on public roads or in traffic, they can present risks similar to other vehicles.
Recent arrests in Florida have involved riders who:
- Were weaving through traffic
- Failed field sobriety exercises
- Showed clear signs of impairment during a stop
Law enforcement increasingly treats these devices as part of the broader transportation system, which means DUI laws are being applied more frequently. Recently, law enforcement agencies in Winter Garden caught this arrest on body cam.
DUI on a Horse
Although less common, there have been arrests involving individuals riding horses on public roadways while impaired.
These situations are typically driven by safety concerns. A horse on a roadway can create a dangerous environment for both the rider and surrounding traffic. If a rider is unable to maintain control due to impairment, law enforcement may intervene.
Even when a traditional DUI charge is not ultimately pursued, related charges may still apply based on the circumstances. Back in 2017, a Lakeland woman made the news for galloping into a DUI arrest.
What About Skateboards and Similar Devices
Skateboards and similar devices fall into a more uncertain legal category under Florida DUI law.
In many cases, they may not meet the statutory definition of a vehicle. However, that does not mean there is no legal exposure. Impaired individuals using these devices in public may still face charges such as:
- Disorderly conduct
- Public intoxication
- Reckless endangerment
The outcome often depends on how the behavior impacts public safety.
The Bottom Line
Florida DUI law is focused on impairment and control, not just cars. The statute is designed to prevent dangerous situations before they result in injury or damage.
If you are impaired and in control of something that can transport you on a roadway or waterway, you may be subject to arrest. That includes a wide range of nontraditional vehicles that many people do not associate with DUI enforcement.
Experienced DUI Defense Matters
At Florida DUI Lawyers, the DUI and Criminal Division of The Ticket Clinic, we have handled cases across the state involving far more than just traditional DUI arrests.
Our attorneys have defended clients in cases involving:
- Motor vehicles
- Boats and jet skis
- Golf carts and neighborhood vehicles
- Bicycles and e-bikes
- Other unique and fact-specific DUI scenarios
These cases often involve nuanced legal arguments about what qualifies as a vehicle, whether someone was in actual physical control, and whether law enforcement had sufficient evidence to proceed with an arrest.
Understanding how Florida law is applied in real-world situations can make a meaningful difference in the outcome of a case. Our team approaches every case with the benefit of decades of combined experience, applying a strategic and detail oriented defense tailored to the specific facts involved.
Ted Hollander, Esq.
Partner @ The Ticket Clinic and lead attorney in the Criminal & DUI division. I have dedicated my career since 1997 to defending individuals charged with traffic offenses, suspended license violations, and DUI cases in Palm Beach County and throughout Florida. I have also been featured on The Today Show (NBC national), Fox, ABC, CBS, and multiple radio stations and newspapers throughout Florida, where I’ve served as a source on legal issues involving traffic and DUI law. When I'm not in court, I like to analyze trends in traffic enforcement and produce insights like this.
