Private property DUI arrest

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Private property DUI arrest

this property was posted closed 10 pm to 10 am the incedent accured at about 10:30

Asked on May 3, 2009 under Criminal Law, Idaho

Answers:

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

Answered 12 years ago | Contributor

Since you indicate that the property was posted I'm going to assume that the property in question was not your own property but rather private property that is open to the public (ex a golf course parking lot).  If that's the case than it was indeed it a lawful arrest pursuant to the following:

TITLE  18
CRIMES AND PUNISHMENTS
CHAPTER 80
MOTOR VEHICLES


    18-8004.  PERSONS UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER
INTOXICATING SUBSTANCES.


    (1)  (a) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.08, as defined in subsection (4) of this section, or more, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.


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