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In Indiana, a DUI doesn’t necessarily need to occur on a public road. Many people assume they’re safe while they’re on private property, but this is incorrect. You don’t gain immunity from criminal prosecution simply because you’re not on public property. Any Indiana DUI lawyer will tell you: This is not how the law works and it never has been.
Every year, our firm sees cases where individuals are charged with DUI on private property. A common scenario involves people operating ATVs in their own yards. Imagine this: you’re enjoying a ride around your property, something goes wrong, and an accident occurs. When emergency services respond—often called by a concerned spouse or neighbor—they might find you under the influence and charge you with a DUI.
What does Indiana law say? It’s a Class C misdemeanor to operate a vehicle with an alcohol concentration equivalent to at least 0.08* but less than 0.15. A Class C misdemeanor carries a maximum penalty of 60 days in jail and a $500 fine. The vehicle in question does not need to be an automobile and there’s no requirement that the operation occur on a public road.
Farmers need to watch out as well. Finishing the workday with a beer may seem harmless, but if an accident occurs, that drink can lead to a DUI charge. A DUI investigation starts at the Class C misdemeanor level, but it can always get more serious, depending on the details.
The critical point to understand about private property is that it doesn’t protect you from criminal prosecution. Why would it? If you start hosting a fight club on your front lawn, and the police arrive to break it up, it’s not a defense that the fight club is on private property. The same would be true if you were selling drugs or stolen stereo equipment out of your friend’s garage.
The State’s DUI laws are designed to cover all areas where a vehicle can be operated. This includes your driveway, yard, or any other private land, as well as our public roads and highways. The intention behind this law is clear: To ensure safety, discourage intoxicated driving, and uphold the law uniformly throughout the state.
You can disagree with the law, but your opinion has no effect on the way police conduct their business. The law is clear, and the consequences are real. If you find yourself facing a DUI charge—whether it’s on a public road or private property—the penalties can be severe.
Under Indiana law, for example, it’s a Class A misdemeanor to operate a vehicle while intoxicated in a manner that endangers a person. A Class A misdemeanor carries a maximum penalty of 365 days in jail and a $5,000 fine. And just to be clear, there doesn’t need to be anyone else involved for you to get hit with the endangerment charge—the life you endanger can be your own.
If you have a prior conviction within seven years or you get pulled over with a passenger in the vehicle who’s under 18, you can be charged with felony DUI. A Level 6 felony carries a maximum penalty of two and a half years in prison and a $10,000 fine.
If you have a previous conviction for DUI causing serious bodily injury, you can be charged with a Level 5 felony, which carries a maximum penalty of six years in prison and a $10,000 fine.
So what can an Indiana DUI lawyer do for you? First, it helps to have someone on your side with experience in this sort of ordeal. A good attorney knows how the system works and has a general idea of what to expect. They’re also able to spot weaknesses in the State’s case and strategize accordingly.
If you find yourself in this situation, it’s crucial to consult with an Indiana DUI lawyer. At the Marc Lopez Law Firm, DUI defense is something we practice every single day. Give us a call at 463-276-5737 and remember—always plead the 5th!
* grams of ethanol per 100 milliliters of blood or 210 liters of breath