Can I be arrested for drunk driving while I’m at home?

There are many strange rules when it comes to when and where a driver can be arrested for drunk driving. In some instances, drivers may be arrested while drunk even though the car is not in motion, while others may be arrested hours or days after the incident occurred.

If you are suspected of driving under the influence, you could be arrested when you are:

• At your home. Many people mistakenly believe that once their journey is over (and they have managed to avoid being pulled over), they cannot be charged with DUI. However, people have often been arrested at home for DUI because an officer has come to their house after a report of property damage or an image of your vehicle on a speeding camera. If you admit to drinking before driving in front of the officer, you can still be charged with DUI even if there is no evidence of alcohol in your blood at the time of arrest.
• In the driver’s seat. Some drivers think they are making a wise decision by sitting in their vehicles for an hour or two to sober up before driving home. While this may be better than taking to the road immediately, a driver can still be charged with DUI if he is in the driver’s seat and has his keys accessible.
• Incapable of moving. Virginia law allows anyone who is “operating” a vehicle to be charged with drunk driving. “Operation of a vehicle” can have a wide range of definitions, so police may be able to arrest anyone who is intoxicated in the front seat of a vehicle, even if the ignition is off, if the person is asleep, or even if the vehicle is incapable of being driven due to a flat tire or empty gas tank.

Could I Be Charged with DUI if I Live on Private Property?

If you are in your driveway and you live on private property, the police cannot arrest you unless they have seen you driving on public roads (such as when they followed you home from a bar). However, if you are charged with DUI and the officer did not observe you driving on public roads or behind the wheel of your vehicle, you may be able to refute the charges against you. Call the legal team at the Easley Law Firm today at (888) 386-3898, or learn more about your options in our free guide, The Criminal Legal Process in Virginia.