Can You Get a DUI on Private Property?

dui on private property

Can You Get DUI on Private Property?

Some people believe that they can do whatever they want on a private property. After all, the police doesn’t have authority there, right? This isn’t the case. Getting charged with DUI on private property is possible, even if you have been operating a vehicle inside the private property without going on a road or a highway.

Vehicle Operation on Private Property in Arizona

The laws vary from state to state. In Arizona, you can get charged with DUI if you have been operating a vehicle under the influence on a private property.

According to Arizona regulations, two conditions have to be met for a DUI arrest to occur. The first condition is being in actual physical control of the vehicle. The second condition is being impaired through the consumption of alcohol or drugs. There are no specific requirements when it comes to the location of the vehicle. It is possible to be charged with DUI even if the engine is off and you’re simply behind the wheel.

There is one very important reason why such restrictions exist.

Even if you are on a private property and you’re operating the vehicle there after having a glass or two, there’s always a risk of going on the road and endangering the lives of others. A police officer has no way of knowing what your intentions are and whether you will remain within the boundaries of the private property.

Places Where DUI Arrests Can Occur Legally in Arizona

So many people believe (wrongfully) that they have a valid defense when they get questioned by police officers on private property. This isn’t the case and the consequences of being intoxicated can be quite serious.

Police officers have the right to question drivers and arrest them on DUI suspicions in parking lots, private driveways, in front of convenience stores or supermarkets, on private roads and at stadium parking lots. There is no distinction, regardless of the ownership or the intended purpose of the place.

Even if the car is parked in front of a house and the driver is in it, a police officer can question them on DUI suspicions. A court could consider certain factors in such circumstances (whether the car was running, whether the keys were in the ignition or in the pocket of the driver), which could eventually make it easier for a DUI attorney to defend the respective client.

I Was Arrested for DUI on Private Property – Now What?

dui on private propertyA person can be charged under Arizona Revised Statutes 28-1381 when they are in physical control of a vehicle after the use of alcohol or drugs. The first thing to do in such a situation is to call an experienced DUI attorney. A lawyer will examine all aspects of the case to find out if there are any mitigating circumstances.

Your behavior during the interaction with the police officer could cause you additional trouble later on. Be polite but don’t try to explain yourself – you can easily commit self-incrimination this way. Remember that you are not legally obliged to do a field sobriety test. It is your right to politely refuse submitting to the exam.

An experienced lawyer can challenge several aspects of the arrest, eventually accomplishing the complete dismissal of the case.

While police officers can arrest individuals on suspicions of DUI, they need to meet certain conditions in order to enter private property and make the respective observations. In addition, standard procedures will have to be followed to protect the rights of the defendant.

Finally, standard defense scenarios that apply in all DUI cases will be utilized. An attorney could challenge the BAC test results or the manner in which the sample was obtained. If you suspect that you could have a false positive, let your lawyer know.