Q: My 20 year old son got arrested for DUI on private property. What is the difference being on private property?
What could happen to him? Where do we go from here. They did not have him blow. They said because he smelled of booze on private property was all they need because of his age. There was also weed in the car.
A: Private property relates to the issue of summary suspension. If the state cannot prove that your son drove on a public way, then the summary suspension should be rescinded as a matter of law.
The criminal charge of DUI can still be brought by the state even though your son was on private property. I've had cases where people were sitting in their car in the garage with the keys in it listening to music, having no intention of leaving, still being charged with DUI.
The civil summary suspension and the criminal charge of DUI are two separate legal matters. Hope this helps.
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