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Can I get a DUI on Private Property?

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Can I get a DUI on Private property?

The simple and correct answer is "YES, you can get a DUI on private property."  Many people believe they are safe from DUI's on their own property.  This is not accurate.  You can get a DUI in your own driveway.  You do not have to exit your driveway or property to be in violation of VC 23152.  Fact of the matter is, you could get a DUI on a horse, in your backyard.  

Can I get a DUI in an electric Golf Cart on a Private Golf Course?  

Yes.  An electric golf cart is considered a motor vehicle.  Therefore it qualifies.  The second area to analyze for DUI purposes is whether the golf course is an area covered by the DUI laws.  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.  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.  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.  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.  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.  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.  

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 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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Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

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Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

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Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.

Fresno Criminal Defense Attorney Jonathan Rooker reminds you this page is not intended to act as legal advice.

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