What To Do If You're Arrested For DWI On Private Property
People erroneously assume they're safe from being charged with DWIs if they're operating vehicles on private property. In reality, you're just as much at risk of getting a DWI in your driveway as you are on the public highway. If you find yourself being hauled into court on charges of driving while intoxicated on private property, here are a couple of things you can do to fight back:
Parse the Law
When it comes to avoiding a DWI conviction, how a law is worded can be immeasurably helpful in obtaining a dismissal or not-guilty verdict. States typically use very precise language in laws regulating DUIs and DWIs on public roadways, but the wording may not make it clear whether those same laws apply to private property.
For example, some statutes loudly state no one can drive any type of vehicle anywhere in the state while under the influence of drugs or alcohol. It's obvious from this language that every nook and cranny in the state is covered under the law.
On the other hand, some jurisdictions have statues that state it's only illegal to drive while intoxicated in places that are open to the public. In this case, you could be hit with a DUI for driving a cart on a golf course after having a few beers, but not for doing the same in your own fenced-in backyard since your home isn't open to the public.
Work with your attorney to review the statutes in your state and determine how the facts of your case may lend themselves to helping you avoid a conviction based on erroneous application of the law.
See If the Definition Fits
Sometimes relief from a DWI charge can be found in a statute's definitions. As noted previously, some states limit the laws' coverage area to public roadways and private areas open to the public. Thus, you could get the charges dismissed by arguing the place where you were arrested for the DWI doesn't fit the state's definition.
For instance, if you're charged with driving intoxicated on a golf course then the charges may stick if the course is open to the public at large. However, if the course is only open to a few privileged members, you could successfully argue the area doesn't fit the definition of a publicly accessible area, especially if there are obvious attempts to keep the public out (e.g. no trespassing signs and physical barriers).
This maneuver often requires in-depth knowledge of local laws, so it's best to have an experienced attorney handle this type of defense for you.
For help with your case, contact a local DWI attorney.