Can you get a DUI on your own driveway?

On Behalf of | Nov 29, 2017 | DUI, DWI |

Most of us associate a DUI with being pulled over on a highway, a main street or even a Police checkpoint; but it’s actually possible to be charged with driving under the influence without even leaving the confines of your home.

While it may not make sense to most people, the truth is that it is indeed possible to be on the receiving end of a ticket and indeed prosecution due to the simplistic nature of DUI laws in Minnesota.

State law deems it unlawful to operate, drive, or be in control of a motor vehicle while under the influence of alcohol, controlled substances, or any other hazardous substances; but the law does not distinguish between public areas or private property when it comes to drink driving.

In most instances, law enforcement officials have the right to stop, question, and assess an individual’s ability to drive if there is reasonable suspicion that the driver is operating his or her vehicle unsafely, regardless of whether this vehicle is on a public highway or on a private driveway.

Individuals who have been arrested for DWI on their property often claim that they were not a threat to public safety since they were not even driving on a public roadway, however, the law does not differentiate between offenses which have occurred on private property and public roads.

The courts will generally interpret DWI laws in favor of public safety though will often take into account factors like, whether or not the car keys were in the ignition or the vehicle was running; but even so it’s a very cloudy issue and if you have been arrested for DUI on a private property you will require the services of an experience and respect attorney to represent you.

Drunk driving charges are serious, and can have a huge impact on your life. If you’ve been charged with a DUI, contact an experienced DUI attorney today by calling 612-688-2299.



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