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I was arrested for dui while parked on private property. And yes I had the engine running for the heater. Everyone tells me they can't charge me with dui on private property? whats your take on it?

Best Answer :


DUI is a state law, and even though you were on private property, you were in physical control, and had access to any public street. You had to drive to that location, or were going to leave to get to another.

Other Answer(12) :


Wish you'd said what state you're in.

Depending on the laws of your state, I would strongly suspect you have been legally arrested.

In California, as long as the officer had the required "reasonable cause to believe that the person had been driving while under the influence of an alcoholic beverage or any drug…" the arrest would have been good.

It really depends on the laws of your state. And while the arrest may have been legal, it's also possible you won't be convicted if driving can't be proven. In my state I can make arrests as indicated above but if driving can't be proven, the driver won't be convicted of DUI.


Most states the courts have said that keeping the public safe from drunk drivers is of the utmost importance so the DUI charge can and does extend to private property.
In my state you need not have even had the car running and you could have been asleep in the back seat and the arrest would have been good.
Forget what "everyone" says. You need a local lawyer who handles DUI and really knows your states laws.


i know that in louisiana as long as the key is in the ignition, car doesn't even have to be running they can and will arrest for dwi, dui. I'm not sure about private property though, i would think they couldn't especcially if it was your property. Maybe he was trying to meet his quota, was it at the end of the month, you know they have them. Try to fight this one, i would


umm according to my law book , if your drunk and behind the wheel rather the car is on or not they can charge you with dui because your behind the wheel.

although i can ask my class professor for you but i think you might still have to pay the fine although you might also be able to fight it .

good luck


Arrested a lady last week same premise. Nevada only have to have physical control of vehicle. She was yelling at me "I'm only drunk parking, not drunk driving". The video showing her pull into the parking lot and falling asleep at the wheel doing circles in the valet-only lot didn't help her any either.


If your key are in the ignition, yes sir they sure can! Get this: My husband was arrested for DWI and he was asleep in the back of the SUV with the keys in his pocket and got drunk AFTER the car broke down and he realized he wasn't going anywhere. That is what a court appointed attorney will do for you!


By law (not just my take on it) in every state, it doesn't matter if you are on private property or not. If the key is in the ignition and you are behind the wheel, you can be charged.

Your friends are ignorant on the subject.


For most states simply having the key in the ignition and the engine running constitutes "operating" a vehicle.

Also in most states, operating a vehicle while under the influence is forbidden "any where in the state"…which includes private property.


Yes, you can still be charged with a DUI. It doesn't matter if you are on public or private property. If you are in the vehicle with it on or off and have the keys on you, you can be charged with a DUI.


In Florida, if the keys are in the ignition, even if you are in your own driveway, you are considered to be operating a moto vehicle while under the influence.


I've arrested many a drunk on private property. Everyone stood up in court.


Yep sure can

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