DUI on Private Property?

Can I be arrested for DUI if I am on my own land or other private property?

Yes. Illinois law allows for you to be arrested for DUI on private property, including your own. Specifically, 625 ILCS 5/11‑201 states as follows: “The provisions of Articles IV and V of this Chapter shall apply upon highways and elsewhere throughout the State (emphasis added).” Article V contains the DUI statute.  “[T]he words ‘elsewhere throughout the State’ encompass all areas of the State, public or private.”  People v. Guynn, 33 Ill. App. 3d 736, 739 (3d Dist. 1975).

Jeremy Richey


BROUGHT TO YOU BY:
Jeremy J. Richey, Attorney at Law
© Jeremy J. Richey and The East Central Illinois Criminal Law & DUI Weblog, 2008-2012. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

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