You may assume that as long as you’re not causing problems for the public, you’re in the clear in the eyes of the law, but that’s not the case when it comes to drinking and driving in Minnesota. Even if you’re only driving on your own personal property, you can still be charged with Driving While Intoxicated. In today’s blog, we take a closer look at private property DWIs and talk about your defense options if you end up facing charges.
DUI On Private Property
In regards to Driving While Impaired, Minnesota Statute 169A.20 reads:
“It is a crime for any person to drive, operate, or be in physical control of any motor vehicle…within this state or on any boundary water of this state when the person is under the influence of alcohol or a controlled substance.”
You may notice that the definition doesn’t specific that a person must be traveling on a public road or highway in order to be in violation of the law. If you are sitting in your car in your driveway or you’re driving your ATV on your private land, you’re still considered in violation of Minnesota’s DWI law if you are under the influence of alcohol or drugs.
Now, obviously it’s going to be a little harder for police to enforce and stumble upon an individual on their private property who may be driving while under the influence, but again, it doesn’t mean they can’t come on your property if there’s reasonable suspicion that you’re illegally operating a vehicle. If a neighbor reports that you’re driving recklessly near their property or you’re drinking in your car in your buddy’s driveway, you can still be approached by an officer and arrested for DWI, so don’t just assume you’re in the clear on private property.
Simply put, if you are going to be operating a vehicle in any capacity, either on your property or on public roads, make sure you are under the legal driving limit. If you run into trouble on public or private property, make sure your first move is to contact a lawyer like Avery and the team at Appelman Law Firm. Don’t try to talk your way out of a DWI, even if you’re on your own land, because odds are you’ll only give police more information that can be used against you at trial. Keep your mouth shut, reach out to a lawyer and let them help plan your defense. A DWI on private property may be a little easier to contest, so long as you don’t hand police more evidence.
So if you or someone you know is facing a DWI for operating a vehicle under the influence, set up a free case consultation with Avery and the team at Appelman Law Firm today at (952) 224-2277.
