When you are at home, the assumption is that you should be allowed to do as you wish, so long as you do not cause considerable harm to another person or another’s property. After all, it is your own property. By definition, private property is anything tangible or intangible owned by non-governmental authorities, over which their owners have exclusive and absolute legal rights. It is often surprising then to find out that one may be arrested for DUI on their own land in the state of Florida and pretty much anywhere else throughout the United States.
The Fine Print of Florida DUI Law
When drunk driving is involved, states do not distinguish between “private” and “public” roads or property. According to Statute §316.193 (1)(a), it is unlawful for a person under the influence of alcohol, to the extent to which his normal faculties are impaired, to “drive or be in physical control of a vehicle within this state.” What this means is that, regardless of whether you are in the private parking lot of a nightclub or your own land, you could be arrested for drunk driving anywhere in Florida.
So long as the police officer who finds you suspects unsafe driving, he has the right to question and investigate the situation, even if you are miles away from being a threat. Even if you are operating a motorized vehicle on acres of your own land, far from a position that could potentially cause an accident or hurt another person, if you are discovered by a law enforcement officer in Florida you could be arrested and charged for DUI.
Whether you are in a wooded area or your own driveway, if a police officer suspects unsafe driving, you can be tested for driving under the influence. If an investigation leads to a DUI arrest in Florida, there are several things an experienced attorney can do for you.
In order for a DUI with property damage charge to be effective, the police officer must have complied with all procedures when placing you under arrest in some cases the police are required to have entred into traffic control agreements with private land owners like home owners assocations and condo associations. If the procedure was not followed properly, an attorney can file a motion to suppress the evidence against you. Your case can be entirely thrown out in this situation. Consult with an attorney like Mr. Brian Gabriel of The Law Office of Gabriel & Gabriel to study all aspects relevant to your case. With over 30 years of experience defending DUI he can develop a solid criminal defense for you. Call 561-622-5575.