Public vs. Private Property
A common rumor about DUI is that you can’t get a DUI for driving on private property, as in: “The police can’t stop me from cutting doughnuts in my pasture while I’m wasted because it’s my land.” Here is where the confusion comes in, and where the rumor probably started:
Section 63-11-30 of the Mississippi Code Annotated (the DUI statute) states that it is unlawful to operate a vehicle under the influence anywhere “within this state.” This likely means you can be prosecuted for DUI for driving anywhere within the geographic boundaries of the state of Mississippi, including your cow pasture, your driveway, private parking lots, golf cart paths, etc.
BUT, section 63-11-5 (the implied consent statute) states that if you refuse to submit to a chemical test of your breath, blood or urine – which would result in an administrative suspension of your driver’s license unless you successfully contest the suspension in time - the state must show that you were operating a motor vehicle “upon the public highways, public roads and streets of this state.” So technically you probably could get a DUI on private land, but you couldn’t have your license suspended for a chemical test refusal on private land.
This distinction is sitting right there in the law, but it has yet to be taken to the appellate court level in Mississippi for clarification. As you may imagine, this issue does not come up as frequently as others, but if you think it applies to you we are prepared to help you with it.
Related posts:
Leave a comment