Fresno DUI Lawyer | Fresno DUI Attorney
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." 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.
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.