Can I Get a DUI While On My Own Property in Pennsylvania?

house property

Many people believe that as long as they are on their own property, they are free to do whatever they want. While in many ways you do have more rights while on your own property, you are not immune from being questioned or arrested by law enforcement. Read on and reach out to our Alleghany County DUI lawyer to learn whether you can get a DUI while on your own property in Pennsylvania and how our firm can help if you’re currently facing DUI charges of any kind. Here are some of the questions you may have:

Can law enforcement charge me with a DUI if I’m on my own property?

In short, the answer is yes, law enforcement in the state of Pennsylvania does not distinguish between public and private property when it comes to driving while under the influence of drugs or alcohol.

So, therefore, let’s say in a hypothetical situation, you and a friend were having a couple of beers while simply sitting in your vehicle or standing next to it in your driveway while listening to music and chatting. You had no intention of going anywhere, but ended up attracting the attention of the police. If they question you, notice your keys are in the ignition, or even on your person, and you are in your vehicle, you will most likely be charged with a DUI.

That’s correct; police do not need to prove that you were driving to give you a DUI. They only need to prove that you had your keys on your person, were capable of operating the vehicle, and gave some indication that you would likely operate the vehicle in the future, or had previously operated the vehicle, such as a warm clinking engine to establish that you were in “actual physical control” of the vehicle.

Can I get a DUI if I’m not operating a car?

Yes. You can receive a DUI for operating just about any motor vehicle. In fact, even if you’re operating a ride-on lawn mower and crash, injuring someone else or damaging someone else’s property, you can potentially face DUI charges. Though this is certainly a rare hypothetical, the point is that as long as you are on or in a motor vehicle of any kind and you are under the influence of alcohol, law enforcement will most likely have the right to give you a DUI.

If you’ve been charged with a DUI under any circumstances, the most important thing you can do is retain the services of a dedicated DUI defense lawyer who can help fight for the best outcome possible on your behalf. Contact the Law Offices of George Heym today to learn more about how we can help fight your charges at every turn.

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