You Can Be Arrested for DUI in Your Own Driveway! No Free Pass Many of us will be driving to parties at friends’ houses, private clubs, bars, or restaurants to celebrate the New Year. As the festivities wind down, some may head for their car for a break before hitting the road, to sleep it off and sober up. That is a big mistake. Under New Jersey law, you can be arrested for DUI on private property, even if you are “sleeping it off” behind the wheel of your car in a parking lot or a friend’s driveway. The state of New Jersey takes drunk driving very seriously. As some drivers learn the hard way, its drunk-driving laws apply whether you are on public or private property. The law holds that even if the car isn’t running, the fact that you’re sitting in it and controlling the keys is evidence that you’re about to commit a DUI (even though your intent might have been the opposite). Other complicated issues arise in private-property arrests, including determining whether the officer had probable cause to arrest you. They must have a legitimate reason to be on the property. If you’re sitting in a friend’s driveway, a neighbor’s call complaining to the police about too much party noise could justify an officer’s presence, but it doesn’t necessarily give the officer the right to look around the property. They must have a legitimate reason. If the officer asks and is given permission by the host to look around the property, then that might include walking up to the window of your car, seeing you asleep with the car keys in your hand, and waking and arresting you. If the officer does that without being granted permission by the person who controls the property, however, that could raise questions about probable cause and potentially render their search illegal. Although the penalties for DUI are the same whether the alleged offense occurs on private or public property, the fact that the alleged offense occurred on private property could help your lawyer negotiate a reduction or dismissal of the charges.
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