A Red and Blue Light Special: Getting a DUI in a Walmart

Today's Hero

Today’s Hero

The offense of DUI can come in sorts of varieties:  from the person “sleeping it off” to the roadblock to the reckless driver to the fatal accident.  But here is one that is new to me:   driving drunk on a motorized shopping cart inside a Walmart:

Police in Brooksville say they’ve arrested a man who was driving drunk — inside a Walmart.

According to WFLA , officers said Timothy Carr was drunk and driving around the store on a motorized shopping cart.

Carr then removed an alcoholic beverage from a shelf and was drinking it while he knocked other items off the shelves, police told WFLA .

The Walmart is located at 7305 Broad Street.

According to the report, Carr told police he did not have enough money to pay for the alcohol. He also said he is a transient.

Carr had two previous arrests for retail theft, which made the current arrest a felony.

He was charged with disorderly intoxication and felony retail theft.

It is unclear from this story whether Mr. Carr was actually charged with a DUI.  Perhaps the officers used their discretion and only charged him with disorderly intoxication.

But can you get a DUI in Illinois on a motorized shopping cart?  If you are a faithful reader of this blog, you may remember that I have blogged before about DUIs on a motorized wheelchair and on a Zamboni.As I said before in the Zamboni post,

in Illinois one can be found guilty of a DUI if you are driving a motorized vehicle that is not designed for rails or tracks (or a snowmobile, but they are covered under a separate statute) … Previous cases have held that a lawn mower, a golf cart, an all terrain vehicle, a motorcycle, a moped, a portable towing device or even an car that is not drivable, but has not yet been issued a junking certificate, were all motor vehicles subject to DUI laws.

So, the answer is, yes, you can get a DUI in a motorized shopping cart.

However, you cannot receive a statutory summary suspension, for failing or refusing a blood, breath or urine test, if you were arrested for DUI inside a Walmart, because the summary suspension law only applies to driving that occurs on the public roads.  So there’s that.

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