This distinction is not relevant in an application of the DUI Act. What is relevant is that the public – as invited persons or permit holders – freely use certain roads. And when the public has a driver`s license, drunk driving is not allowed. However, the law does not distinguish between crimes committed on private and public property, especially when private property is accessible to vehicles. DWI arrests can still legally take place on golf courses, convenience store parking lots, apartment complex parking lots, stadium parking lots, lawns and private driveways. If the public is able to drive into your driveway and park you, it can still be argued that the public has access to the site – even if it is restricted access. If your blood alcohol level was excessively high at the time of your arrest, or if your conviction for impaired driving involved an accident involving property damage and/or injury, the legal penalties may be even more severe. Areas to which the public has a right of access that are not considered a “path” are usually private entrances such as driveways, parking lots and other access routes on which the public is allowed to move. An important consideration is that the place where a person drives drunk is the place intended for vehicular traffic and not another part of the property.
If you are charged with driving under the influence of alcohol or an intoxicating legal or illegal drug in the Tampa Bay area for any reason, a Florida DUI attorney will review the details of the charges against you, protect your legal rights, and aggressively fight for justice on your behalf. Florida law defines drunk driving broadly, so it doesn`t matter where you drive under the influence. It is against the law. The law states that no type of vehicle may be driven by anyone who is anywhere “in this state” under the influence of alcohol or drugs, including private property. If this is your first impaired driving offence, you may be eligible for a drunk driving program for the first time. If so, the prosecutor will offer you to drop the drunk driving charges, you will have to plead guilty to reckless driving, and you will be put on probation for one year. The terms guest and licensee come from property rights and describe the type of visitors a person or business could allow on their property. The distinction is relevant to determining a landowner`s level of responsibility to each of these individuals to protect them from injury on the property. There are no comments to this post. Be the first and add your comment below.
Not all drunk driving cases will be dismissed, but even if a client is convicted, a lawyer can help reduce the severity of the sentences received and avoid or reduce additional charges related to the drunk driving offence. It`s best not to drink and drive, but if you`re facing a drunk driving conviction on private or public property, it`s in your best interest to consult a DUI attorney who is familiar with the law and can help you get a favorable outcome for your case. The law firm Patrick B. Courtney helps Tampa drivers charged with impaired driving defend their rights. Contact us for a non-binding case assessment to learn about your options. With that in mind, the law seems pretty clear-cut – it`s illegal to drink and drive both from and on private property. They are at risk of arrest and prosecution on these charges. However, there is a law that requires that “users of these private roads, roads and public spaces be notified at least 30 days in advance by publication in newspapers and by posting signs along private roads and roads indicating that state and local law enforcement agencies will enforce the uniform rules of the road on these private roads. Streets and common areas. Therefore, law enforcement is responsible for private property, but with certain restrictions. It is precisely because the definition of private property can be vague that police may be able to conduct a stop anywhere accessible to other motorists – as long as they have reason to believe or suspect that you are driving under the influence of alcohol.
As you read, you`ll learn a few key details about Florida`s drunk driving laws, and you`ll also learn about your rights if you`re charged with driving under the influence of alcohol in that state. The short answer is “yes”, a person can be charged with driving while intoxicated – or “under the influence (YES” as the Commonwealth calls it – on private property or in an alley. But drivers can`t be charged on every private property or driveway. The DUI/YES laws in Massachusetts are designed to protect the general public from the activities of individuals driving under the influence of alcohol, drugs, or other chemicals. When driving in federal Commonwealth states, federal laws also prohibit drivers from driving motor vehicles on their roads under the influence of alcohol or drugs, including alcohol or legally consumed drugs. While penalties may be similar under federal and state law, the jurisdictions are different, and a DUI taken from federal lands is tried in federal court. While some states intentionally use broad language in their drunk driving law to explicitly avoid ambiguity in this issue, others use less clear language.
