Driving under the influence of alcohol or drugs is a serious offense, but can you still face charges if you’re driving on private property or in your own driveway? In Massachusetts, the answer is yes, but the application of these laws can be nuanced. If you’re accused of a DUI on private property in Massachusetts, it’s important to understand how the rules apply and what defenses might exist.
Understanding DUI/OUI Laws in Massachusetts
Before looking at private property issues, it’s helpful to understand how state law defines impaired driving.
In the Commonwealth, the legal term is OUI (Operating Under the Influence). The state takes a strict stance against drunk or drug-impaired driving, punishing those who operate motor vehicles with a blood alcohol concentration (BAC) of 0.08% or higher, or those who are impaired by drugs or alcohol. The primary goal of these laws is to protect public safety by deterring impaired driving.
Can You Be Charged with DUI/OUI on Private Property?
Yes, but how the law applies depends on circumstances. However, this is not as straightforward as it might seem.
What Constitutes a ‘Public Way’?
A “public way” in Massachusetts is any driving path that is open to the public and maintained by the government. This includes:
- Interstate highways
- State highways
- Public streets and roads
If you are driving on a public way, impaired driving laws definitely apply. These areas are clearly marked with pavement, street lights, traffic signs, and curbings, making it easy to recognize them as public roads.
Places the Public Has a ‘Right of Access’
Private property can also fall under these laws if the public has a right of access. This typically includes places such as:
- Driveways that are accessible to the public
- Parking areas that are open to the public
- Access roads on private properties where the public is permitted to drive
The critical factor here is whether the place is designated for vehicle traffic and not merely an area for other purposes. If a private driveway or parking lot is used primarily by residents or employees and not intended for public use, impaired driving laws might not apply.
In some situations, though, DUI on private property in Massachusetts is still possible if the location is functionally open to the public.
The Role of Invitees and Licensees
In legal terms, invitees and licensees are individuals who have permission to be on a property. An invitee is usually a customer or client of a business, while a licensee is someone visiting for personal reasons. For DUI/OUI laws, what matters is whether the public, in general, has permission to use the area.
If a location is open to the public, even if it’s a private property like a parking lot for a business, impaired driving laws are likely to apply. The key is whether the public’s access is allowed and whether the area is meant for vehicular traffic.
Get Your Free Consultation
Case Study: Commonwealth vs. Lisa Virgilio
Real cases highlight how the courts interpret these laws.
To illustrate how these laws are applied, consider the case of Commonwealth vs. Lisa Virgilio. In this 2011 case, Virgilio challenged her OUI conviction, arguing that the private driveway where she was driving should not be considered a public way.
The court agreed with Virgilio, noting that the driveway was used solely by the residents of two buildings and did not serve as a public thoroughfare. The appearance of the driveway, including its lack of public signage and its restricted use, led the court to conclude that it was not a public way. This case highlights the importance of context and the specifics of the location when determining whether DUI/OUI laws apply.
Defending Against DUI/OUI Charges
If you are accused of a drunk driving offense on private property, it’s important to have a defense strategy. The penalties for a conviction in the Commonwealth can be severe, including fines, jail time, and a driver’s license suspension. Additionally, the social stigma and future repercussions of a conviction can be significant.
Here are a few defense strategies to consider:
- Challenge the Evidence: This includes questioning the accuracy of breathalyzer tests, field sobriety tests, and police procedures.
- Question the Legality of the Stop: Ensure that the police had a valid reason to stop your vehicle in the first place.
- Evaluate the Location: Argue whether the location where the alleged offense occurred should be classified as a public way or accessible to the public.
Why Choose an Experienced Defense Attorney
Facing DUI/OUI charges can be daunting, but having an experienced attorney on your side can make a significant difference. A skilled criminal defense lawyer in Massachusetts can thoroughly investigate the details of your case, challenge the prosecution’s evidence, and use their expertise to provide you with the best possible defense.
Attorney Anthony Riccio of Riccio Law is renowned for his expertise in defending drunk driving cases. With a track record of achieving not guilty verdicts in over 80% of his trials, Attorney Riccio uses his extensive experience as a former prosecutor to fight for your rights effectively. His dedication to justice and proven success make him a strong ally in your defense.
Conclusion
Navigating charges like a DUI on private property in Massachusetts can be complex, especially when it comes to driveways and private lots. Understanding the nuances of where these laws apply is crucial for building a solid defense.
If you’re facing these charges, consulting with a knowledgeable defense attorney is essential to safeguard your rights and future. Contact Riccio Law today to discuss your case and get the best defense strategy.
