Why You May Be Arrested for DUI on Private Property

Can you be arrested for driving under the influence (DUI) on private property? This question has perplexed many people, but its unequivocal answer is "yes." Don't think you are safe because you are driving while intoxicated on your driveway or a golf course. Here are some of the reasons you can be charged with and convicted of DUI in such places:

The Law Is Worded That Way

In some places, the law is specifically worded so that DUI in any place within the state is a crime. This was affirmed by the Supreme Court of West Virginia, who contended that the law is meant to control the condition of a driver, not where they drive. The law in this state is worded to include a "person who drives a vehicle in this state," which obviously includes both private and public property. Therefore, if your state has such wording in its laws, then you can be arrested and prosecuted for drunk driving even in your front lawn.

Some Private Properties Are Open to the Public

Many people agree that DUI laws were meant to protect the public from the dangerous mishaps of intoxicated drivers. With that in mind, you can see why drivers should be arrested for DUI if they are operating motor vehicles on private properties that are open to the public. A golf course, apartment complex, or shopping center may not be public properties, but they are certainly open to the public. This means driving while intoxicated on such grounds has the potential to harm the innocent public. This is why you can be arrested for drunk driving on such grounds.

You May Drive Off the Private Property onto Public Grounds

Lastly, even if you are on private grounds, are you sure that you won't drive off your property and onto a public property? For example, if you are driving while intoxicated on a golf course near a highway, you can easily drive off the course onto the highway. Therefore, the police may arrest you (on the private property) to prevent you from venturing onto public property and causing harm.

Don't assume that you can't be convicted of DUI just because you were arrested on private grounds. Treat such cases with utmost seriousness just as you would when arrested on a highway. As usual, the best thing you can do for yourself is to hire an experienced criminal lawyer to handle your DUI defense.

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