QUESTION
Can you be convicted of drunk driving if you never left your own property?
Asked on Jan 23rd, 2011 on Criminal Law - Tennessee
More details to this question:
I dove up my driveway to my mail box to get my mail and had been at home having some drinks. When I went to back up, I put my standard car in the wrong gear. Instead of backing up, I went over my bank onto my property. The police are trying to charge me with DUI. Can they do this? I was never on the black top road. I was never off my property.
18 ANSWERS
An essential element of DWI, that the state must prove beyond reasonable doubt is that you were on a public street or highway, which your driveway is not.
Answered on Apr 26th, 2011 at 11:14 AM
Criminal Attorney serving Vancouver, WA
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William S. Montecucco, Attorney at Law PS
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My recollection is that you can be convicted of a DUI even if you never left your real property. If you would like to discuss the situation, please feel free to give me a call.
Answered on Feb 01st, 2011 at 5:28 PM
What you are asking about is a very important aspect of having an experienced attorney defend you. It is possible the alleged crime took place in an area that the state will not have jurisdiction over, or that, because of the location of the event it is in fact not a crime! You should retain an experienced attorney to defend you ASAP.
Answered on Jan 28th, 2011 at 11:13 AM
Criminal Defense Attorney serving Charlotte, NC
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Olsinski Injury, Family and Criminal Lawyers
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Technically the law reads as follows "A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State". The idea here is that the driving while impaired has to be on some public area. Can they charge you? Well I assume from your question, they already have, so yes. Now that they charged you, can the state prove the charges against you? That is something that you should hire an attorney to handle, it may get down to a lot of facts on the property lines and what the officers are testifying to. While you say one thing, the officers may have a different story, so it is imperative you have an attorney look over all the facts of the case. If the state cannot prove you were on public property then they cannot convict you, but if you do not have representation the odds of you actually showing the state has not met this burden are severely diminished. I hope this helps.
Answered on Jan 26th, 2011 at 9:58 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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The short answer is yes because the DWI/DUI regulations are state (not city) laws. That being said a number of factors are involved in determining your possible defenses, for example: whether or not you had direct access to a public roadway, etc. The best thing for you to do is to hire an experienced DUI/DWI Attorney to discuss the details of your case in depth. There are likely a number of loopholes that an attorney will be able to exploit in your defense.
If you are seeking representation in this matter in the state of Louisiana, we invite you to contact your firm at the information provided on this site.
Answered on Jan 26th, 2011 at 8:13 AM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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In the past it was necessary for the D.A. to prove you were on a public roadway. No more. The law changed about 30 years ago. If , however you are in one of those forgiving jurisdictions like San Fran or Oakland the D.A. may take pity on you and reduce the charge. For more info or to retain our firm call Tom Mueller.
Answered on Jan 25th, 2011 at 3:28 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Yes, they can charge you. They did so because they think can convict you. Its up to you to keep that from happening.
Answered on Jan 25th, 2011 at 12:58 PM
Criminal Law Attorney serving Reno, NV
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Law Office of Cotter C. Conway
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In Nevada, the prosecution must prove that you were driving a vehicle "on a highway or on premises to which the public has access" while under the influence of alcohol in order to convict you of DUI. Thus, if you were only driving a vehicle on private property, then you should not be convicted of DUI. However, there is nothing to prevent the police from charging you with DUI if they have probable cause to believe you had been driving on a public highway before the accident that put you over a bank on your property. Call me for a free consultation.
Answered on Jan 25th, 2011 at 9:13 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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The short answer is yes. Whether a jury will convict you is the real issue. If the case facts are not strong, many prosecutors would rather find a way to resolve it that makes sense for both parties.
Answered on Jan 25th, 2011 at 6:28 AM
Elmer H. Young
If you were in Georgia at the time, they can! Several years ago, the law was changed expanding the ability to convict from just those who were operating a vehicle on a roadway to include the language, "anywhere in the state of Georgia". Get the best DUI lawyer you can afford.
Answered on Jan 25th, 2011 at 5:13 AM
Yes the police can arrest you and the DA can charge you. These are interesting facts. I would love to know how the police got involved.
Answered on Jan 24th, 2011 at 10:58 PM
The short answer is yes, they can charge you with a DUI even though it occurred on your property as you describe. That said, the circumstances that you describe may allow for the possibility of challenging the charges if the police did not have probable cause to suspect you were driving under the influence. You may have a strong defense, but if you intend on challenging this DUI, you will need a lawyer don't go it alone or it may well wind up costing you a lot more money and time.
Answered on Jan 24th, 2011 at 10:43 PM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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I just completed extensive research on this issue. You need to contact an experienced DUI Attorney, preferably in your jurisdiction (whose office is in your County). I would need to see some photos. You never hit the asphalt, but I need to see exactly where you where. You might have a defense if you were always on private property, where the public would not have a right to go.
Answered on Jan 24th, 2011 at 9:58 PM
Criminal Law Attorney serving Los Angeles, CA
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The Law Offices of Lawrence Wolf
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Yes. But you may have strong defenses. Give us a call.
Answered on Jan 24th, 2011 at 7:43 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Either they will lie and say you did go into the street or they can charge you with being drunk in public.
Answered on Jan 24th, 2011 at 7:13 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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I would suggest retaining an experienced DUI attorney right away. Drunk driving can apply to private property (i.e. public store parking lot) but usually the requirement is that the public must have access or otherwise open to the public. Your driveway would most likely not fit into that category thereby giving you a good defense to fight the charge. In any event, you need an experienced DUI attorney as the consequences are too high and the process too complicated to do it by yourself.
Feel free to give us a call for a free, no obligation consultation.
Answered on Jan 24th, 2011 at 6:28 PM
Yes, you can. DUI concerns "driving," not where you were driving. Consult a DUI specialist to help you in court and with the DMV.
Answered on Jan 24th, 2011 at 6:13 PM
William C. Gosnell
Hire a lawyer you should fight that charge.
Answered on Jan 24th, 2011 at 5:58 PM