Can I Get a DUI on Private Property?

Published: May 09, 2017, by admin in DUI, Legal Blog

Any property that is not owned by the government is considered private. When you are on private property, you may believe that you can do whatever you like if you do not harm another person or their property. But this is not the case in Illinois. Driving while under the influence of alcohol and/or drugs on private property is illegal. If you get charged with a DUI on private property, you should consult a Chicago DUI attorney as soon as possible.

Call O’Meara Law today at 312-909-0706 to find out how we can help you.

Illinois DUI Laws

Under Illinois law, it is illegal for any person to drive or operate a motor vehicle with a blood alcohol content (BAC) level of 0.08 percent or greater or while under the influence of alcohol, drugs, or a combination of both. Illinois does not distinguish between drunk driving on public roadways and property.

Therefore, the fact that you were on private property is not a defense for drunk driving charges. DUI arrests can occur in the parking lots of bars, convenience stores, and sports stadiums as well as apartment complexes, private ranch properties, golf courses, and dirt roads that are used for riding motorcycles and ATVs.

Defenses to DUI Charges on Private Property

The defenses that can be used for DUIs on public roads can be applied to DUIs that occur on private property. A Chicago DUI lawyer may challenge the reliability of the breathalyzer tests used. There may also be evidence that the officer administering the test was improperly trained or the device was not calibrated correctly.

The reasoning for the initial stop may be challenged as well. Your lawyer may be able to get your case dropped if the police officer had no reasonable suspicion that you were doing something illegal when they pulled you over. Some examples of reasonable suspicion for a DUI include swerving, drifting, frequent breaking, random stopping, abrupt turns, and a delayed response to traffic signals.

In addition, a police report may reveal that you had slurred speech, flushed skin, and bloodshot eyes. While these signs may indicate that you were under the influence of alcohol and/or drugs, they may also be the result of allergies, illness, or medication.

How a Chicago DUI Lawyer Can Help

If you’ve been arrested for a DUI on a private property, an experienced Chicago DUI lawyer from O’Meara Law can help. Attorney Michael O’Meara may be able to help you avoid the serious consequences of a DUI conviction such as a permanent criminal record, hefty fines, jail or prison time, a license suspension, mandatory substance abuse treatment, and a substantial increase in your insurance premiums.

To learn about defense strategies that may be available in your case, call O’Meara Law today at 312-909-0706 for your free consultation.