Can You Get a DUI on Private Property? - Rachel Kugel

BSPE Legal Marketing Podcast

BSPE Legal Marketing Podcast
Can You Get a DUI on Private Property? - Rachel Kugel
Jan 24, 2024 Season 3 Episode 18
Rachel Kugel

From The Kugel Law FirmCan You Get a DUI on Private Property? explores a critical and often misunderstood aspect of New Jersey’s DUI laws. This episode sheds light on how drivers can still face DUI charges even when operating a vehicle within the confines of private property. From residential driveways to commercial lots, the implications of DUI enforcement go far beyond public roadways. Listeners will gain a comprehensive overview of the state’s statutes and how they apply when the boundaries between public and private space blur.

In this episode, we delve into the key legal principle of “Intent to Operate,” which plays a pivotal role in determining whether someone can be charged with a DUI on private grounds. Our discussion breaks down how courts interpret factors like sitting behind the wheel, possession of keys, and signs of intoxication—even in a parked vehicle—as indicators of intent. We examine how New Jersey law, particularly under Section 39:4-50 of the 2013 Revised Statutes, extends its reach to private property under certain conditions, prioritizing public safety above all.

We also address the rights of property owners, answering vital questions such as: Can you get a DUI on your own property? And can the police arrest you for DUI without entering your property unlawfully? These real-world concerns highlight the thin legal line between assumed privacy and legal accountability. This episode also explores potential defenses against DUI charges, including challenging probable cause, questioning field sobriety and BAC test accuracy, and disputing the legitimacy of law enforcement’s presence on the property.

Throughout the episode, we emphasize the importance of professional legal support. Listeners will learn how The Kugel Law Firm provides personalized legal counsel, examining every aspect of a case to build a strong defense. Whether facing charges for being in a parked car, on a private road, or a shared driveway, the attorneys at The Kugel Law Firm offer the insights and advocacy needed to navigate the complex intersection of DUI laws and private property rights.



The Kugel Law Firm

1 Gateway Ctr # 2600, Newark, NJ 07102, United States

(973) 854-0098

https://www.google.com/maps?cid=3822170752710866861