Not going to stick. Motor vehicle laws apply to public roadways.
They had a landmark court case in New Jersey some years ago involving an intoxicated employee at a hockey rink who was charged with DUI after taking the Zamboni out for a joyride in the parking lot late at night. The case was thrown out — for the reason you posted.
Why wouldn’t the police just charge the guy with disorderly conduct or criminal mischief?
That was my first thought. However, depending on state laws they might be able to nail him if he drove to Walmart. There are video cameras and license plate readers all over the place..
Not in all states. In some states DUI laws include, "attempts to operate," so if you stumble out of a bar and are in the bar parking lot trying to put your keys on the ignition, technically you are in violation.
When I was stationed at Ft. Riley, I had a soldier get busted by the Manhattan, KS cops. The soldier realized he was too drunk to drive back to base so he started his car to keep warm, cracked the windows and want to sleep in the back seat. The cops rousted him and charged him with operating a vehicle under the influence.
“Not going to stick. Motor vehicle laws apply to public roadways.”
There was actually a case where a person had his car up on blocks and the tires off, in his driveway. He was playing loud music, working on the car, and drunk (I guess). Neighbor calls pigs, and they charge him with DUI.
Maybe the case was later thrown out (don’t know), but regardless, it had to be a life-changing event for him.
There are some f’d up things in this country, and laws that allow this kind of crap is one of them.
Not going to stick. Motor vehicle laws apply to public roadways.”
One of the reasons some people enjoy living in private country club neighborhoods.