Legal Review: Where is Driving Drunk Not Driving Drunk?

By Newport News criminal defense attorney Rocco Columbus with Price Benowitz, LLP.

Operating a motor vehicle with a blood-alcohol content (BAC) more than the legal limit is considered driving under the influence, or more commonly, driving drunk. It does not matter where you are; the operation of the vehicle with a BAC higher than the legal limit is all that is necessary for a charge.

However, the Virginia legislature recently passed a law that would allow the operation of a motor vehicle, with a blood-alcohol level in excess of the legal limit, without running the risk of being arrested for drunk driving. The catch? You can only be on your own property.

Does this make drunk driving morally acceptable within the confines of your property line? Not necessarily, but it makes it legal. However, Virginia law has not changed as it relates to operation of a motor vehicle on any property other than the drunk individual’s own property. Which means that if you drive drunk on the property of another, you can still be charged with driving while intoxicated.

“Another point that is important here is that this law only relates to the criminality of driving drunk: it does nothing to affect civil liability,” said Rocco Columbus, a DUI defense attorney with Price Benowitz, LLP. “Just because you cannot be arrested for driving drunk on your property does not mean that you could not be found civilly liable for damage or injuries to others or their property you cause as a result of driving drunk.”

Columbus thinks that this law is likely to be very narrowly construed and that anyone seeking to be protected by this law will need to have clearly been on their own property.

“This law was rewritten several times because of concerns about it being too broad,” he said. “The courts will be unlikely to entertain any extensions of coverage, so anyone seeking to contest a drunk driving arrest under this law will need a very clear case.”

Another point Columbus makes: this law will not protect you just because you are on your own property when the police finally stop you. “If the police identify you as possibly drunk driving on the way home from the bar, but you drive on to your house before finally stopping in hopes of avoiding arrest, this law will not protect you,” he said.