Can a person be charged with DUI while parked at a drive-through window?

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Can a person be charged with DUI while parked at a drive-through window?

The car was not on a public highway.

Asked on July 6, 2011 under Criminal Law, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Absolutely. A DUI can be lawfully charged under these circumstances.  The fact is that most states make it unlawful to be DUI on private property. The reasoning is that if you are legally intoxicated and have possession and control of a vehicle, even if you have not left the property, you can be cited for DUI since could drive onto public roads at any time. In your case if you were under the influence at the driver-through you would have had to gone onto a public thoroughfare when you left the the property to go home,etc. Furthermore, you would have had to have been driving DUI before getting to the drive-through.

At this point you should consult directly with a DUI attorney. There may still be defensed that can be asserted. At the very least experienced defense counsel may be able to have the charged reduced. 


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