Many drivers make the mistake of believing that they cannot be stopped or arrested for any kind of traffic or driving violation if they are on private property. It is true that police might not ticket you for speeding or other minor offenses once you pull into your driveway.
However, they have the right to stop and arrest you anywhere even on private property if they witness you violating traffic laws or committing offenses like driving under the influence. Learn the answer to Can You Get a DUI on Private Property and under what circumstances you might get a DUI in a parking lot that is owned by a private company or individual today.
Private Property DUIs
You are not safe from being pulled over and arrested for any traffic offense let alone a DUI just because you are on private property. In fact, you can get a DUI in a parking lot just as easily as you can on a public roadway if the circumstances merit.
Regardless of where you are in your vehicle, you must obey the traffic laws at all time. These laws include not operating your car or truck while you are under the influence of drugs or alcohol. If law enforcement sees you driving in a manner consistent with driving while intoxicated, the police can pull you over and arrest you for driving under the influence even if you are in your driveway or a private lot.
They can give you a DUI parked or while your car is still running in particular if they are invited onto the private property. People who own private businesses like:
- gas stations
- convenience stores
- golf courses
- stadiums or sporting venues
often call law enforcement to arrest motorists who are driving drunk and putting the safety of the businesses’ clientele in jeopardy. Once they are called to the private property, the police have the full discretion of the law to arrest you for DUI despite the fact that you are not out on the public roadways.
The police will use some discretion when deciding what kind of DUI citation to give you. For example, if you are simply sitting in your car that is not running, you could get a DUI parked citation, which would still require that you show up to court. If you are attempting to drive away from the private property or leading the police on a chase, you more than likely will face felony DUI charges that can lead to you being sentenced to prison.
Regardless of what kind of DUI citation and arrest you are subjected to, it is important that you retain an experienced DUI lawyer to help you with your case as soon as possible. Your lawyer will know the full answer to Can You Get a DUI on Private Property as well as what laws apply to your case under the current state laws.
Why Hire a DUI Attorney
Why should you have an experienced DUI lawyer helping you from Day One of your case? Simply put, an attorney can be your best resource for staying out of jail, receiving the least harshest penalties, and moving on with your life.
The DUI laws in every state seem to change at a moment’s notice. Who has time to read up on all of the newest laws and what they could mean if you make the unfortunate choice to drive while intoxicated? Most lay people have no idea how those laws will ever apply to them or if those laws make driving under the influence on private property a crime.
Lawyers do have the time, however, and know for a fact that driving while intoxicated even if you are on private property is a crime. They also know what legal loopholes are at your disposal and how to use those laws to your advantage before your case is decided.
For example, many states allow for easier punishments for first-time DUI offenders. If you have never before been arrested or tried for driving under the influence of drugs or alcohol while driving, you could get off with a lighter sentence. You could even have the charges against you dropped if you have a good DUI lawyer working for you.
If you are a repeat DUI offender, you definitely need a skilled DUI lawyer working on your case. Many judges are bound by law to hand out the severest punishments to people who have multiple DUI offenses on their records. Regardless of whether the prosecutor charged you with a misdemeanor or felony DUI if you are a repeat offender you could face punishments like:
- time in the city or county jail or prison
- steep monetary fines
- lengthy community service sentences
- suspension or revocation of your driver’s license
- house arrest
- court-ordered rehabilitation or counseling
All of these penalties make living your normal life difficult if not impossible. You may be unable to drive to and from work or school or afford to pay the civil fines levied against you. If you cannot pay the fines, you may have your wages garnished by the court.
With a good DUI attorney by your side, however, you may be able to avoid any or all of these penalties. It is important that you retain one as soon as you can after being arrested for DUI on private property.
Hiring a DUI Attorney Today
So how can you find a DUI lawyer who is ready and capable of taking your case today? You should start your search for one as soon as you are booked and processed for DUI.
Ideally, you should get one on retainer before you are arraigned. If you cannot hire one before your arraignment hearing, you should contact and hire a DUI attorney as soon as you pay your bond and get out of jail.
Start by asking your loved ones and friends for the names of any DUI lawyers they know. DUI is one of the most common offenses in society today. Chances are that someone you know at work, school, or elsewhere knows the name of at least one good DUI attorney.
If you want to do your own research, you can look for local DUI attorneys online. Look for attorneys who have high client ratings and have good reviews for services and outcomes from people who have hired them in the past. Highly rated DUI attorneys may be able to help you achieve the legal results you want in your case.
Finally, you can call the state bar association for a referral. The state bar keeps a list of lawyers by specialty and provides free referrals to attorneys who practice in DUI law as well as other legal areas. You can call the state bar and ask for a lawyer close to you who can handle your DUI case today.
If you genuinely cannot afford to put a DUI lawyer on retainer, you can ask the court to appoint one for you. The Constitution guarantees you the right to counsel if you are unable to pay for a lawyer yourself.
Private properties like parking lots, convenience stores, and gas stations do not provide you with a safe haven from driving under the influence. Police can enter these properties and arrest you for driving under the influence of drugs or alcohol just as easily as if you were driving on a public roadway.
Learn how and why you can get a DUI even if you are on private property and what kinds of legal ramifications you might face in court. Act in your best interests and get the legal representation you need by hiring a skilled DUI attorney today.
Can You Get A DUI / DWI On A Horse?
Riding a horse or driving a horse-drawn cart is still a common mode of transportation in some parts of the country. Because it is not entirely uncommon to see people out and about riding horseback or driving by horse and carriage, it raises the question of Can You Get a DUI on a Horse?
In fact, you can get a DUI while riding a horse in some cases. While a horseback DUI is much rarer than a vehicular DUI, this crime can still be judged and punished to the full extent of the law. Find out what it takes to be charged with intoxicated horseback-riding and what the full answer is for Can You Get a DUI on a Horse in your state.
The Legal Definition of a Horse as a Vehicle
The most significant point of contention when answering Can You Get a DUI on a Horse centers on whether or not the state in which you live defines a horse as a type of vehicle. At first glance, the answer to this dilemma seems obvious. Naturally, a horse is not like a car or truck and thus should not be classified as any type of vehicle at all.
In reality, however, states have the right to classify a horse as a vehicle if it is used as a primary or secondary mode of transportation. People in many parts of the country still use horses to haul crops and farm equipment, go to the local store, or visit neighbors. It is in these states that you will likely find horses in the same category as a car or truck in terms of DUI laws.
More specifically, intoxicated horseback-riding and horse-drawn carriage driving are illegal in states like:
These and other states are home to large populations of farmers as well as Mennonites, Amish, and other religious groups that rely on horseback riding or cart driving as one of their main modes of transportation. As such, these states are more likely to issue a DUI while riding a horse if you are over the legal blood alcohol content, or BAC, when you are detained by the police. The legal BAC content in all 50 states is 0.08 percent.
If you are issued a horseback DUI, will you be charged with a felony or misdemeanor? As with driving a car or truck while intoxicated, you could face either type of charges depending on the circumstances that apply to your case.
Misdemeanor and Felony Horseback Riding DUI Charges
The court has the discretion of charging you with either a misdemeanor or felony depending on the circumstances that apply to your inebriated horseback riding case. You more than likely will be charged with a misdemeanor or even a traffic citation as long as you did not harm anyone or damage anyone’s property. You also could be charged with animal cruelty, which itself a misdemeanor in many cases.
A misdemeanor or traffic citation can result in lesser punishments that include a civil fine or being sentenced to community service. It is unlikely that you will have to serve time in city or county jail if you are charged with a misdemeanor or if you are given a traffic citation.
However, if you did harm or kill someone or damaged someone’s property, you could be charged with a felony. You also could face felony charges if your BAC was significantly over the legal limit or if you are a repeat DUI offender.
Felony horseback riding convictions are typically punished by:
- steep civil fines
- jail or prison sentences
- community service
- house arrest
- court-ordered rehabilitation or counseling
You could receive any number of these punishments for being intoxicated while riding a horse. The court will treat your DUI offense with the same seriousness as if you were driving a car or truck while intoxicated.
Regardless of whether you are charged with a misdemeanor or felony for riding a horse while drunk or high, it is important that you retain a DUI attorney who knows the state DUI and DWI laws. An attorney could help you avoid the harshest penalties of this crime. He or she may also be able to get the charges against you dropped or reduced.
Why Hire a DUI Lawyer for a Horse Riding DUI?
Why should you retain a DUI lawyer after you have been ticketed or arrested for drunken horseback riding? After all, could you not take your chances in court and simply represent yourself in your case? How bad could the punishment be for simply riding a horse after you have had a few too many?
In fact, you could face severe punishments that not only disrupt your life but also put your legal and financial future at risk. Judges are typically not amused when they hear court cases that involve driving while intoxicated. This crime not only puts your life at risk but jeopardizes the safety of the public.
Still, judges must abide by the state law when meting out punishment to you. It is for this reason that you can benefit by having a DUI lawyer represent you in court. Your attorney will know what those laws are and how to use them to your advantage to help you avoid the harshest sentences and punishments for riding a horse while intoxicated.
For example, the state laws may allow for lighter sentencing for people who are first-time offenders. If you have never before ridden a horse while inebriated let alone driven a car while drunk, you could stand a better chance of having the charges against you dropped or reduced significantly. As long as you did not harm anyone or any kind of property, you may even be let off with a warning from the judge.
However, if you are a repeat offender, you could be sentenced to harsher punishments that include jail time and court-mandated rehab. When you would rather settle the case out of court or take a plea bargain, it is important that you get a lawyer on retainer and allow him or her to advocate for your best interests. With a lawyer’s help, you may avoid going to jail and instead have to pay a civil fine or attend support group meetings for alcoholics.
How can you find a DUI lawyer who knows the state laws about inebriated horseback riding or driving a horse-drawn carriage while drunk? You may be able to locate one who can take your case by asking your friends and family members for a referral. As noted, agricultural states like Kentucky still consider horseback riding and horse-drawn wagons to be valid modes of transportation. Chances are that someone you know in these states knows a lawyer who has handled these types of cases in the past.
If you cannot afford to hire a DUI attorney, you could ask the court to appoint one for you. You are entitled to legal representation even if you cannot afford to hire a lawyer.
Farmers, ranchers, certain religious groups, and many others still value horses as a valid mode of transportation. Horseback riding and driving horse-drawn carriages and carts are still legitimate methods of travel in some states especially those that have a lot of rural areas, farms, and ranches.
Still, the laws in these states and elsewhere in the U.S. demand that riders be sober when taking their horses or horse-drawn vessels out on the roadways. People whose BACs are over the limit could be arrested for driving under the influence even if they are not behind the wheel of a car or truck.
DUIs for horseback riders can incur the same range of punishments and fines. Avoid both by hiring a DUI lawyer who knows what laws apply to riding a horse while intoxicated in your state.