Imagine the scenario. You have spent the night drinking at a party. The party is still in full swing, but you decide to rest in your car while sobering up. The car is parked in the driveway of the host of the party, and you take a short nap in the driver’s seat.
Suddenly, you are awoken by a police officer responding to a noise complaint. Even though they only asked the host to turn down the music, the officer also did a cursory inspection of the outside of the property. They saw you drunk in the car and woke you up to arrest you for a DUI. Is that even legal?
DUI Charges on Private Property
Driving while intoxicated (DWI) is a criminal offense in New Jersey. According to the state’s DWI laws, you can be charged with this crime regardless of whether you are on public or private property. So assuming other elements of the crime were met, the officer can legally arrest you for a DWI while on private property.
Can a Police Officer Enter Private Property to Make an Arrest?
This is a more interesting question. Police officers are limited in when and how they can enter private property. Before a police officer can enter private property and make an arrest, they must have a legitimate reason to enter the property.
In the example in the introduction, the police officer entered the property because they received a noise complaint. That gives the police officer a legitimate reason to walk onto the property, determine whether the noise complaint was legitimate, and interact with the owner of the property.
However, does it give them the right to look around the property? That depends on the situation. If the police officer asked the host whether they could look around and the host gave them permission, then they have the right to search any areas that the host controls. That includes walking up to your car and looking in the window.
Without that permission, the search of the property might have been illegal. And if it wasn’t legal, an experienced DUI defense lawyer might be able to get the charges dismissed.
Probable Cause
Another way that a police officer might have a legitimate reason to enter private property is because they have probable cause that a crime is occurring. If, for example, the police officer was standing outside the property and saw you stumble out of the house and into the car, keys in hand, they would have probable cause to believe that you were drunk and about to operate a vehicle.
Based on that probable cause, they could enter the property to effect an arrest. Depending on the circumstances, your attorney might be able to fight that claim of probable cause during a pre-trial hearing.
What Counts as a DUI in New Jersey?
New Jersey law is pretty unforgiving when it comes to driving while intoxicated. According to state law, even if the car isn’t running and the keys aren’t in the ignition, just your presence in the vehicle while under the influence of alcohol can constitute a DUI.
Courts will take into account factors like:
- Whether you were sitting in the driver’s seat
- Whether you had control of the car keys
- Whether you were wearing a seatbelt
- Whether you were awake or asleep
Thus, it is possible that you would be convicted of a DUI in the original example, even though you intended to rest off your inebriation without driving.
Penalties for a DUI While on Private Property
The penalties for a DUI in New Jersey are primarily based on how many previous DUI convictions you have. The penalties for a first-time DUI are significantly less than for a second or third offense. Whether you were on private or public property does not affect this.
However, an experienced DUI lawyer can probably use the fact that you were on private property as a negotiating tool to get the charges dropped or reduced. Even if the car was moving, the danger presented by you driving in circles while drunk in your backyard is significantly lower than if you were on a public road.
Contact the Law Office of Steven Ellman After a DUI Arrest on Private Property
The penalties for a DUI conviction in New Jersey are quite severe. Steven Ellman may be able to help you avoid the worst of those charges. Contact our law firm as soon as possible after an arrest to discuss your case with an experienced DUI lawyer.
