Can You Get Charged With Dui At Home

Can You Get Charged With Dui At Home

Can You Get Charged with DUI at Home?

Driving under the influence (DUI) is a serious crime that can result in hefty fines, jail time, and even the loss of your driving privileges. But what if you’re not driving on the road? Can you still be charged with DUI if you’re caught drinking and behind the wheel at home?

The Answer: Yes, You Can

In most states, it is illegal to operate a motor vehicle while intoxicated, even if you’re on private property. This means that you can be arrested and charged with DUI if you’re caught driving under the influence at home, in a parking lot, or even on a closed road.

Defining "Driving"

The key factor in determining whether you can be charged with DUI is whether you were "driving" the vehicle. According to most state laws, driving means operating a motor vehicle in a way that demonstrates control over its movement. This includes:

  • Starting the engine
  • Moving the vehicle
  • Maneuvering the vehicle
  • Attempting to operate the vehicle

Examples of DUI at Home

Here are some examples of situations where you could be charged with DUI at home:

  • You’re parked in your driveway, engine running, and drinking alcohol.
  • You’re backing your car out of the garage and hit a mailbox.
  • You’re driving around your backyard in a golf cart while intoxicated.
  • You’re maneuvering your car in your garage and crash into a wall.

Consequences of DUI at Home

The penalties for DUI at home are typically the same as for DUI on the road. This can include:

  • Fines of up to several thousand dollars
  • Jail time of up to a year
  • Suspension or revocation of your driver’s license
  • Installation of an ignition interlock device
  • Community service

Factors Affecting the Charges

Whether or not you’re charged with DUI at home can depend on several factors, including:

  • Your blood alcohol concentration (BAC): A BAC of 0.08% or higher is generally considered evidence of intoxication.
  • Your behavior: If you’re acting erratically or showing signs of intoxication, this can increase the likelihood of being charged.
  • The location: If you’re caught driving on public property, such as a parking lot or a closed road, you’re more likely to be charged.

Table: DUI at Home vs. DUI on the Road

FeatureDUI at HomeDUI on the Road
DefinitionOperating a motor vehicle in a private place while intoxicatedOperating a motor vehicle on a public road while intoxicated
PenaltiesFines, jail time, license suspensionFines, jail time, license suspension, interlock device
Charges laidWhen you’re driving the vehicle and demonstrate control over its movementWhen you’re driving the vehicle on a public road
Common factorsBAC, behavior, locationBAC, behavior, location, traffic violations

Interesting Facts about DUI at Home:

  • In 2020, over 460,000 people were arrested for DUI in the United States.
  • About 10% of all DUI arrests occur at home or on private property.
  • The penalty for DUI at home varies from state to state.
  • Some states have "social host" laws that hold property owners liable for providing alcohol to intoxicated guests who then drive and cause accidents.
  • DUI checkpoints are sometimes set up in residential areas to catch drivers who are drinking and driving at home.

FAQs on DUI at Home:

  1. Can I refuse a breathalyzer test at home? Yes, you have the right to refuse a breathalyzer test, but it can result in an automatic license suspension.
  2. Can I still be charged with DUI if my car is not running? Yes, you can be charged with DUI if you’re in control of a vehicle that could be driven, even if it’s not running.
  3. Can I get a DUI on a private road? Yes, you can be charged with DUI if you’re caught driving under the influence on a private road that is open to the public.
  4. Can I be charged with DUI while sleeping in my car? No, you cannot be charged with DUI while sleeping in your car, as long as you are not in control of the vehicle.
  5. What are the defenses to a DUI at home charge? Common defenses include challenging the officer’s observations, arguing that you were not driving, or providing evidence that your BAC was below the legal limit.
Leave a Comment

Comments

No comments yet. Why don’t you start the discussion?

    Leave a Reply

    Your email address will not be published. Required fields are marked *