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A DUI in my own driveway?

On Behalf of | Sep 7, 2017 | DUI/DWAI |

Driving after drinking is always a very serious risk, but in some cases, you may face DUI charges even if you’re not actually driving. The law generally frowns upon individuals who exceed the legal limit being in a driver’s seat at all.

This brings about an interesting legal conflict — can people receive DUIs in their own driveways? After all, they are not necessarily on a road governed by public traffic laws.

If you face DUI charges, you must take swift, decisive action to protect your future. One the strongest ways to do this is by enlisting the representation of an experienced DUI defense attorney. Such an attorney can scrutinize each aspect of the circumstances under which you receive the DUI charges and build a personalized defense just for you.

Even in cases where you feel that the evidence against you is fairly strong, it is wise to consult with an experienced DUI attorney. You may have more options than you realize!

Will the charges stick?

It is perfectly normal to react with great concern when you receive DUI charges. However, with the representation of a professional attorney, you can push back against the charges and possibly find some room to argue for dismissing or reducing them.

In the event that you receive a DUI while in your own driveway or somewhere similar, it is important to examine each aspect of the circumstances of your arrest. For instance, if you were in your car, but the keys were not in the ignition, this may create some room to argue for dismissal.

If you were in your car, and the car was running and in gear, you face some greater challenges. A precedent for this type of charge recently came down from the Michigan Supreme court, ruling against the defendant. The decision noted that the driveway, while not a public road, was physically open to the public. The court upheld the DUI charge.

It is important to note that this decision did not occur in Colorado, and several lower courts agreed with the defendant.

Don’t wait to start fighting the charges

As soon as you receive DUI charges, you should begin fighting them. The longer that you choose to wait, the more time that the prosecution has uninterrupted time to build a case against you.

With professional guidance from an experienced DUI attorney, you can identify strong strategies to use in your defense, protecting your rights and your future.