Can the police arrest me for drinking and driving on my own property?

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Question:

Can the police arrest me for drinking and driving on my own property?

Answer:

In most states this is an issue that has been settled by law. You can be arrested for a DUI on your own property. The line that people thought the police could not cross was the fact that you were on private property. This is no longer the case; there have been many arrests for DUI on private property and they often take place in the property owner’s driveway. The police have the right to question and investigate you if there is suspicion you may be incapable of driving safely no matter where the incident occurs.

Is It Possible To Drink And Drive On Private Property?

The laws vary by state, but in general the police do have the right to question and test your driving ability even on private property. Here are some examples of places where people used to think it was safe to drive without police intervention but where police now make DUI arrests:

  • Golf Courses
  • Stadium Parking Lots
  • Convenient Store Parking Lots
  • Bar Parking Lots
  • Dirt Roads
  • Your Driveway

If the police see you drinking and believe you are about to get behind the wheel of a car, or you are driving erratically, they have reason for suspicion to pull you over.

Seek Legal Help

When you are arrested for a DUI, you will need to contact an attorney immediately. An attorney can give you advice on how to deal with a DUI arrest and what course of action to take if it occurs on private property.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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