Can I Get Arrested for Drinking and Driving on My Own Property?

How DUI laws apply to drunk driving on private property.

The DUI laws of every state are different. So, whether you can get a DUI for driving drunk on your own private property depends on what state you live in. Here are the basics of how DUI laws apply to private land.

DUI Laws on Public Property and Private Property Open to the Public

The DUI laws of many states—including Michigan and Idaho—apply only to public property and private property that’s open to the public. (For example, golf courses are often private properties that are open to the public.) In these states, you can lawfully drive while under the influence on your own private property, as long as it’s not open to the public.

DUI Laws that Apply Anywhere Within the State

In other states—such as Kentucky and Mississippi—it’s illegal to drive drunk anywhere within state borders. If you live in one of these states, you can be arrested for a DUI even if you never leave your own private property, regardless of whether or not the property is open to the public.

Talk to a DUI Attorney

If you’ve been arrested for driving under the influence, it’s always best to talk to an experienced DUI attorney in your area. The circumstances of every case are different. A qualified DUI lawyer can help you understand how the law applies to the facts of your case.

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