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Criminal Defense Attorney Blog:
Can I get a DUI on Private property?
The simple and correct answer is "YES, you can get a DUI on private property." Â Many people believe they are safe from DUI's on their own property. Â This is not accurate. Â You can get a DUI in your own driveway. Â You do not have to exit your driveway or property to be in violation of VC 23152. Â Fact of the matter is, you could get a DUI on a horse, in your backyard. Â
Can I get a DUI in an electric Golf Cart on a Private Golf Course? Â
Yes. Â An electric golf cart is considered a motor vehicle. Â Therefore it qualifies. Â The second area to analyze for DUI purposes is whether the golf course is an area covered by the DUI laws. Â The simple answer is yes, every area of California is subject to the DUI laws, and you can be cited for DUI if you operate a motor vehicle while .08 BAC and/or impaired. Â While many people enjoy the recreational activity of golf, or "beer golf" as some call it, you must still be aware that you may be cited for DUI on a private golf course in a golf cart.
Are there any DUI Defenses unique to these private property situations?
Yes. Â As with any traffic stop or detention the officer must has a legal justification for being where the officer is at and detaining you for an investigation. Â Officers cannot randomly pull into a golf course and order everyone to submit to Field Sobriety Tests, breath analysis for alcohol, and/or blood tests. Â They must have have legal justification for their actions, similar to a traffic stop, but many times have the added burden of why they were on the private property to start with. Â In areas like private back yards, gated property, or privately owned fields there may be a need for additional factual information to justify their presence. Â
 Fresno DUI Defense Lawyer Jonathan Rooker is the Sixth Lawyer in California to achieve the prestigious ACS-CHAL-Lawyer - Scientist Designation.  If you are going to hire a DUI Defense Attorney, only hire the best.
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