DUI: Public streets only, or private too?

[AZRedhawk44]

http://www.breitbart.com/InstaBlog/2013/10/14/Cops-Race-Car-Driver-Arrested-For-Drunk-Driving-During-Race

A race track is private property.

I'm sure there's a contract drivers sign in order to have access to it, and that alcohol is grounds for eviction from the facility... and failure to remove one's self from the facility would be grounds for criminal trespass...

But DUI on private property?  I don't accept that.

All his other malicious stuff certainly can be prosecuted... attempted vehicular manslaughter, assault with a motor vehicle, whatever... but I accept the DUI charge about as much as I do reckless driving on a racetrack or speeding or making a lane change without signalling.  I can drive drunk on my own property if I damn well want and I'm stoopid enough to want to.  Or my buddy's property.  Or whatever.  Just not on public roads.

[Ryan in Maine]

Hm. Private doesn't necessarily mean "not public" when you look at the pictures from the event.

Interesting situation.

Generally, I'd say it falls on the shoulders of the owners. But then again, this happened under their watch. They could do us well by objecting to the DUI themselves.

[charby]

In Iowa you can get a DUI and reckless driving on private property. An example would be a farmer drunk driving his pickup in his own field and a cop sees him driving erratic. Does it happen, none that I have ever heard of, but it could happen. I remember this back when I had too many speeding tickets in too short of a time period and had to spend a couple Saturdays in driving school and the State Trooper told us that that could happen legally.

[cassandra and sara's daddy]

got pulled for dui and no license on a driveway once
beat it since the cop could not prove i was on the public road and my driving was not impaired and some other interesting issues with the arrest

[lupinus]

I could understand something open to the general public maybe, say a parking lot or similar.

But outright private property? Bugger off.

[cordex]

In Iowa you can get a DUI and reckless driving on private property. An example would be a farmer drunk driving his pickup in his own field and a cop sees him driving erratic. Does it happen, none that I have ever heard of, but it could happen. I remember this back when I had too many speeding tickets in too short of a time period and had to spend a couple Saturdays in driving school and the State Trooper told us that that could happen legally.

Yeah, same deal in many states.  The crime is drunk driving, not drunk driving on public roads.

I don't like it either.

[charby]

I could understand something open to the general public maybe, say a parking lot or similar.

But outright private property? Bugger off.

So you are saying I could beat my wife on my own property and the cops shouldn't do anything about it?

[Azrael256]

So you are saying I could beat my wife on my own property and the cops shouldn't do anything about it?

Seriously?  You're confusing crimes against persons with DWI?

[charby]

Seriously?  You're confusing crimes against persons with DWI?

A crime is a crime, such as a sin is a sin. DUI is illegal and so is assaulting a person, why by opinion should one not be enforced on private property but allow the other one to be enforced?

[lupinus]

So you are saying I could beat my wife on my own property and the cops shouldn't do anything about it?

Sure. Why the hell not? 

[Regolith]

A crime is a crime, such as a sin is a sin. DUI is illegal and so is assaulting a person, why by opinion should one not be enforced on private property but allow the other one to be enforced?

Because one is actually hurting someone, and the other only has the potential to hurt someone.

[RoadKingLarry]

A crime is a crime, such as a sin is a sin. DUI is illegal and so is assaulting a person, why by opinion should one not be enforced on private property but allow the other one to be enforced?

Can you get popped for public intox in your backyard just by sitting quietly in your lawn chair?

There are any number of things that would be criminal to do someplace else that are perfectly legal to do on your own (or someone elses) private property.

[Tallpine]

In Montana they can't pull you over for traffic offenses on private roads.  Our neighborhood is mostly private roads except for the county road winding through.  They could chase you from public to private roads.

Doesn't matter much because they don't patrol the county off the two US highways anyway  


The more that I find out about other states, the more glad I am that we moved here  

[charby]

Can you get popped for public intox in your backyard just by sitting quietly in your lawn chair?

There are any number of things that would be criminal to do someplace else that are perfectly legal to do on your own (or someone elses) private property.

Quietly, odds are really really low, same as in public, you can be legally drunk in public but not be popped if you stay calm and collected.

I've seen in college get tickets for public intox being drunk in the yard, but they were being an ass and pissing on the side of the house. Also seen tickets for public consumption of alcohol by jackasses drinking on their front porch. It was an additional ticket to the other charges they got. If I recall correctly it all started when they decided to toss their beer bottles in to the street after consumption. Funny thing is I was on the porch next door drunk and drinking, but we weren't being jackasses. The cops even talked to us afterwards and asked how much of a problem our neighbors were.

[seeker_two]

You can get a DUI for sleeping it off in the car with the engine off...

[cordex]

You can get a DUI for sleeping it off in the car with the engine off...

Not everywhere. And even if you can, you probably won't unless you run into a jackass cop or you are a jackass yourself.

[lupinus]

Not everywhere. And even if you can, you probably won't unless you run into a jackass cop or you are a jackass yourself.

and where you can, doesn't mean you should.

[cordex]

and where you can, doesn't mean you should.

Agreed.

[never_retreat]

Here in NJ you can get a DUI on private property. DUI is not on the books a motor vehicle law but a criminal offense or something like that.
It is rare it happens though and usually gets thrown out of court. Every now an again you here about some being arrested for mowing while drinking. I don't think the judges find the cases funny.

Another funny tidbit. Up until a few years ago DUI's on a boat never effected your car drivers licenses. Now they do.
But you can drive a boat without a drivers license. I know someone that had a few to many dui's, never bothered to get his DL back (yes he can) and spends the weekends on a 50,000 Lb boat. And no he does not drink at all.

[grampster]

In Michigan if you are within a block of you car, they lock you up.  Kidding.  But if you are smart, and decide to sleep it off and not drive, you get charged with DUI if the keys to the car are in or on the car or on your person.  If you make it home, exit the car, go in your house and get into bed and your girlfriend or wife is pissed and calls the law, you can be arrested for DUI.

DUI's are huge money makers for the legal system.  State and local government, judges, lawyers, probation dept., insurance companies, LE, a variety of alcohol counseling outfits, medical community and makers of breathalyzers  inter alia.  $1000.00 a year for two years to the Sect. of State, $2500.00 for the lawyer, $50.00 a day for any jail time, $900.00 court fees and up to $1000.00 in fines, $500.00 for alcohol counseling and $25.00 a meeting for several after care meeting, insurance rates go up around 200% for 3 years and 100% for 2 more.  $1000.00 for hook up and maintenance of vehicle breathalyzers, $900.00 for a year of monthly Sobriety Court and random breathalyzer and drug testing up to 3 times weekly for a year and community service for X number of days usually equally the jail time you got which is usually 15 days.  And thats just for being pulled over and getting caught for basically doing nothing as LE, in their spare time, sits across from bars and restaurants and just pulls you over with a made up violation.  (Who's gonna believe you re whether you actually drove erratically)  

If you get in an accident or hurt or kill someone off to prison you go.  I can buy that one.

No, I didn't get caught.  I just know the ramifications of it.

[RoadKingLarry]

And thats just for being pulled over and getting caught for basically doing nothing as LE, in their spare time, sits across from bars and restaurants and just pulls you over with a made up violation.

Used to see that at the VFW post I'm a member of. There is a bar open to the public and the city cops pretty well stake the place out on weekends.
The group I hung with were pretty well self regulating and if on of our group had had too many we'd take their keys and give 'em a ride.
We'd also screw with the cops and send non-drinkers out for decoy duty. A sure fire way to get them to pull you over was to clip the corner of the (narrow) driveway on the way out of the lot. That was my favorite way.

[brimic]

Kidding.  But if you are smart, and decide to sleep it off and not drive, you get charged with DUI if the keys to the car are in or on the car or on your person.

I've heard of people tying their shoestring to their keyring and then tying that to a nearby sewer grate and dropping the keys down the hole so that they can safely sleep in the car. I'm not sure I would try that trick if I were buzzing pretty good.

[roo_ster]

A crime is a crime, such as a sin is a sin. DUI is illegal and so is assaulting a person, why by opinion should one not be enforced on private property but allow the other one to be enforced?

Indeed, Inspector Javert!

[Tallpine]

Used to see that at the VFW post I'm a member of. There is a bar open to the public and the city cops pretty well stake the place out on weekends.
The group I hung with were pretty well self regulating and if on of our group had had too many we'd take their keys and give 'em a ride.
We'd also screw with the cops and send non-drinkers out for decoy duty. A sure fire way to get them to pull you over was to clip the corner of the (narrow) driveway on the way out of the lot. That was my favorite way.

So while the "designated drunk driver" gets pulled over, the rest of you slip out and drive home 

[Balog]

Indeed, Inspector Javert!

This is the first Les Mis reference I've seen in a long time on APS, good job!