Can a driver be arrested for drunk driving on his/her own private property? Perhaps. Michigan resident Gino Rea was charged with driving under the influence of alcohol in his own driveway. The police arrived to Rea’s after receiving a noise complaint. Rea was sitting in his vehicle parked on the upper portion of his driveway when the police arrived.
Rea allegedly had a few drinks the night of the incident and went out to his car to listen to music. Upon arrival, the police officer told Rea to turn the music down and then the officer immediately departed. The neighbor called the police once again to complain about Rea’s loud music. The police came back but did not hear any music nor see Rea’s vehicle.
Another complaint was made and the police officer parked his car in front of the driveway. As the police officer approached Rea’s residence, the officer noticed that the garage door was open and that Rea had backed his vehicle down his driveway. Rea then pulled back into his garage and exited his vehicle. Rea was subsequently arrested for drunk driving.
The Oakland County judge and State Court of Appeals dismissed the case noting that Rea never left the upper portion of his driveway. Michigan Supreme Court must now decide whether the state’s drunk driving laws apply to private driveways.
If convicted, Rea may be sentenced to serve up to 93 days in jail, pay fines between $100 to $500, and potentially have his driver’s license suspended for up to one year. I will provide a follow-up article on the court’s ruling.
Contact my law office to speak with me regarding your drunk driving arrest and charge. I can help you have the charge asserted against you reduced or completely dismissed in some cases. Do not delay in obtaining legal advice and representation.