Wednesday, March 25, 2009

Can you get a DUI in the US on your own private property?

Say you have a ranch, and are driving your own vehicle, over the DUI limit, but never venture out onto a public road. Can you get a DUI for that?



It depends where you are.





In Ohio, you can be sitting in a parked car...in your garage and get a DUI


I don't know of that ever happening, but you COULD be charged on private property




I think the answer would be yes. I think the way the law is written, it doesn't distinguish between public or private property. Look up DWI on the web, you'll probably find something there. But my question would be, what are the cops doing on your private property ? In my opinion, they shouldn't even be there, if you didn't call them. I think that should be a good argument in court. If the the cops were on your property illegally, I think the judge would have to dismiss the charges.




DUI is defined by state law, not nationwide law. In my state you can be convicted of DUI for driving on a public highway or "any property to which the public has access." That includes parking lots, parks, land owned by the BLM, etc, but probably not a private, fenced ranch.




Our friends had a son who was drunk in McDonalds Parking lot..was in a mall so the lot was large. The police said they could not enter private property to issue a Drunk Driving citation but had to wait until he pulled out on the city street.




Against the law to be in control and operate a motor vehicle under the influence, regardless of where.




Not DUI, but there are laws against Public Intoxication, even on your own property.




No but they can get you for disorderly conduct.




No

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