Can you be convicted of drunk driving if you never left your own property? How? 9 Answers as of August 28, 2015

I dove up my driveway to my mail box to get my mail and had been at home having some drinks. When I went to back up, I put my standard car in the wrong gear. Instead of backing up, I went over my bank onto my property. The police are trying to charge me with DUI. Can they do this? I was never on the black top road. I was never off my property.

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Reza Athari & Associates, PLLC | Seth L. Reszko
Yes. If you are in a public roadway or a road that has access to a public roadway and you are driving or in actual control of a motor vehicle, you can be charged with DUI.
Answer Applies to: Nevada
Replied: 6/17/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
I think you have a reasonable technical defense. But you will probably have to raise it in a motion to dismiss, after charges are filed and the case is underway.
Answer Applies to: Wisconsin
Replied: 6/17/2015
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Yes they can. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answer Applies to: California
Replied: 6/17/2015
The Law Offices of Harold L. Wallin | Harold L. Wallin
Yes, you can be charged with a DUI in this circumstance. However, they cannot give you a statutory summary suspension.
Answer Applies to: Illinois
Replied: 6/17/2015
Ksicinski
Ksicinski | Paul Ksicinski
You should immediately contact an attorney about your case if you want a real chance to defend yourself!! It is possible to be arrested for DUI or DWI while parked on private property. However, a good defense attorney will ask the court to consider many factors about that issue, including whether the property was held out for public use, car was running and whether the keys were in the ignition. Examples of places where DUI arrests have been made in my experience include bar or nightclub parking lots, golf courses, private driveways (even with gates on!), convenience store parking lots, stadium parking lots and private roads.
Answer Applies to: Wisconsin
Replied: 6/17/2015
    Ty Wilson Law | Ty Wilson
    Anyone can do anything. Was it proper to charge you? You should reach out to a DUI attorney in the county where you are charged. You should also obtain your arrest report to see if there is a video of the incident. Good luck.
    Answer Applies to: Georgia
    Replied: 6/17/2015
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    It is difficult to believe that story, which is why you are charged with DUI. So, drunk I do not know what gear I am in, put the mail cannot wait until tomorrow.
    Answer Applies to: Georgia
    Replied: 6/17/2015
    Best DUI Lawyer
    Best DUI Lawyer | Aniko Hoover
    If you are driving around drunk on your own property you can get a DUI. Just like if you were shooting people on your own property you could get arrested for shooting people.
    Answer Applies to: California
    Replied: 6/17/2015
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    That would be a yes.
    Answer Applies to: Nevada
    Replied: 8/28/2015
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