Some states have exceptions for DUIs that exclude being arrested or ticketed for a DUI if you are on private property, such as your own home. However, in South Carolina, the law does not recognize any such exemptions and you can indeed be arrested for a DUI even if you are in your own driveway. You will need a DUI lawyer in Charleston to help fight your case if this happens to you.
DUIs and Private Property in South Carolina
In South Carolina, a police officer can investigate and cite or arrest someone for a DUI even if they are on private property. To issue a DUI an officer simply must prove that the driver was materially impaired by alcohol while operating a motor vehicle. Where the vehicle is located does not matter.
There are a few places where people think they cannot get a DUI including:
- Golf Courses (you can be convicted of a DUI while operating a golf cart)
- Stadiums or Bar Parking Lots
- Private Homes
- Private Clubs
- Private Parks such as ATV parks
- Within Gated Communities
- Retail Business Parking Lots
- Restaurant Parking Lots
DUIs can also be issued for driving any motorized vehicle, not just cars. Operating ATVs, Gators, golf carts, motorcycles, motorized bicycles, scooters, and other powered vehicles while under the influence of alcohol can result in a DUI conviction.
Some people try to refuse a chemical test or field sobriety test for DUI, claiming they are on private property and the police do not have authority; however, our DUI Lawyer in Charleston suggests complying with the police is the best thing to do. There is nothing preventing police officers from coming onto private property if they suspect someone of driving under the influence of drugs or alcohol.
When you are arrested for drunk driving you need to call your DUI lawyer in Charleston as soon as possible. The Law Offices of Peter David Brown are here to help you with your DUI case. Call us today at 843-806-1090.