Can You be Arrested For DUI on Private Property?

Many times people think that because they are on their own property or another person's private property the police cannot catch them for driving under the influence. Nothing could be further from the truth. Surely the police can arrest you. The DUI laws grant that a person must not drive a motor vehicle on a roadway while under the influence. This involves state created and privately created roads. As long as it is with the state, then you are controlled by the state laws of DUI. Under this law, police have the right conduct an examination and question you if they speculate that you are driving under the influence. Your private property claim does not protect you from criminal acts.

Where can police investigate you?

If you own a farm and are out on a dirt path behind a closed gate and police believe you are driving under the influence then, yes, they can restrict you. If you are in a private parking lot, even if there are no other vehicles around you, police can enter the lot and place you under arrest if they think you are under the influence.There are many instances that can happen When a DUI Becomes a Felony in California

Does this mean you don't have any defenses?

No, it doesn't. You have the exact same defenses that you would have out on a public road. The fact that you are on the own property does not mean you waive the usual defenses. In fact, you may have a stronger case depending on the facts as the police are going to have to show how they were able to recognize you in the first place to assume that you were under the influence. This may be harder for them because by being on private property they would not have the chance to fall in behind you and follow you for a period of time without you knowing it is not another vehicle on the road because if another vehicle shows up on your property you will most likely know that it's not supposed to be there.

So what should you do?

Just like with any DUI case, it's your duty to be a responsible driver. If you are going to drive, even if on your own private property, make sure that you are capable of doing so safely and lawfully.

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