I Was Arrested For Driving Under The Influence While On Private Property, Is This Legal?

By: Wallin & Klarich

A person was on his own private property when he received a driving under the influence charge. The man claims that law enforcement did not witness him operating a motor vehicle, nor was he inside the vehicle when law enforcement contacted him. Despite all this, he was arrested and charged with a driving under the influence.

Most people who get arrested and charged with driving under the influence in California ultimately get charged with two separate misdemeanor offenses. Driving under the influence is codified under California Vehicle Code Section 23152. It states that
(a) it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of driving under the influence, the law does not differentiate between driving on private property and driving on public property. As such, as long as the prosecutor can prove that the person did in fact operate a motor vehicle while under the influence, the person can be convicted of driving under the influence. Regardless of whether the driving occurred on private or public property.

If you or a loved one has been arrested, it is imperative you contact our firm. Hiring an experienced criminal defense law firm is the best way to ensure you keep your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

Posted In: DUI & Drunk Driving