The West Virginia Supreme Court of Appeals has ruled that citizens can be charged with a DUI even if they were operating a vehicle while intoxicated on private property. The High Court overturned a lower circuit court ruling that would have excluded drivers from being charged with driving under the influence on their private land. The WV Supreme Court has now ruled that a citizen who operates a “vehicle” on their private property can still be charged with drunk driving or drugged driving even if there was no imminent threat to public safety.
Chief Justice Menis E. Ketchum II delivered the following Opinion of the Court:
“We hold that an individual may lose his/her driver’s license if they are found driving a vehicle anywhere within the physical boundaries of West Virginia while under the influence of alcohol (and/or drugs), even if the vehicle is driven only upon private property not open to the general public.”
Under WV DUI laws, a “vehicle” can include cars and trucks, motorcycles, and all-terrain vehicles (ATVs). The West Virginia Supreme Court reviewed the case of Joshua D. Beckett, who crashed his ATV while intoxicated on his family’s farm in Monroe County. A friend called 911 and Mr. Beckett was transported by ambulance to the nearest medical facility. An emergency medical technician observed that Mr. Beckett had been drinking, and at the hospital, a blood test measured his blood alcohol level (BAC) at 0.17 grams percent. In West Virginia, a BAC over 0.15 grams percent classifies the charge as a WV aggravated DUI.
A lower court dismissed the aggravated DUI criminal charge, but the WV DMV Commissioner suspended Mr. Beckett’s license for 45 days in a separate administrative action. Mr. Beckett requested a hearing with the Office of Administrative Hearings to challenge his administrative license suspension, but the administrative law judge rejected his argument and upheld the Commissioner’s revocation order.
Mr. Beckett again challenged the DMV’s administrative license suspension, and a WV circuit court judge agreed that a person cannot be charged with DUI on private property. The circuit court judge cited the 1980 WV Supreme Court ruling in West Virginia v. Ball. Now the WV Supreme Court has overruled the circuit court’s decision.
The statute under which Mr. Beckett was charged, W.Va. Code § 17C-5-2(e) [2010], criminalized being a “person who drives a vehicle in this State” while being under the influence (emphasis added). West Virginia Code § 17C-5-2a(a) [1983] provides the following definition of the phrase “in this State,” when it is used in a DUI statute:
“For purposes of this article [pertaining to criminal DUI] and article five-A [pertaining to administrative license revocation for DUI] of this chapter, the phrase “in this State” shall mean anywhere within the physical boundaries of this State.”
Chief Justice Ketchum wrote that the “physical boundaries of this State” includes all private property. This is a major change to WV DUI laws, and as you can see, the laws change constantly. That is why you need a well-informed WV DUI lawyer to represent you after your arrest. Harley Wagner has defended over 1,800 driving under the influence cases from Martinsburg to Charleston, and across the entire State. Harley will drive to your court location and vigorously represent you in both the criminal proceedings and the administrative hearing.
Public Property vs. Private Property in West Virginia
Public property in West Virginia refers to land, buildings, or other assets that are owned and maintained by governmental entities, such as federal, state, or local government agencies. Public property is dedicated to public use and enjoyment and may include:
– Parks
– Roads and highways
– Government buildings
– Schools
– Libraries
– Public utilities
– Courthouses
– Public transportation facilities
Public property is funded by taxpayer dollars and is intended to serve the needs of the general public. It is subject to regulation and oversight by government authorities, and access to public property is generally open to all members of the public, subject to reasonable restrictions and regulations.
Private Property
Private property in West Virginia refers to land, buildings, or other assets that are owned and controlled by individuals, businesses, or organizations that are not affiliated with government entities. Private property may include:
– Residential homes
– Commercial buildings
– Farms and ranches
– Businesses
– Industrial facilities
– Vacant land
– Personal property such as vehicles, furniture, and equipment
Private property is owned by individuals or entities and is subject to their exclusive control and use. Property owners have the right to use, possess, and dispose of their property as they see fit, subject to legal restrictions and regulations imposed by government authorities.
Key Differences Between Public and Private Property
Public property and private property both involve ownership and control of land or assets, but they differ in several significant ways. Public property is owned by governmental entities and is dedicated to public use. This means it is open to all members of the public for their use and enjoyment. In contrast, private property is owned by individuals, businesses, or organizations, who have exclusive control over its use and access. Only the owner and authorized individuals or entities can enter or utilize private property.
Another key difference lies in regulation. Public property is regulated and overseen by government authorities to ensure it serves the public interest. Private property, however, is subject to the legal rights and obligations of the owner, in addition to applicable laws and regulations.
Maintenance and management also vary between the two. Governmental entities are responsible for the upkeep and administration of public property, ensuring it remains in good condition for public use. On the other hand, private property owners bear the responsibility for maintaining and managing their property.
Can You Get a DUI on Private Property?
Now, let’s address the question of whether you can get a DUI on private property in West Virginia. The short answer is yes, you can be charged with DUI on private property under certain circumstances. While most DUI cases in West Virginia occur on public roads and highways, DUI laws in the state also apply to private property in certain situations.
In West Virginia, you can be charged with a DUI on private property if:
– You are operating or in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or a combination of both substances.
– The private property is accessible to the public or used for public purposes, such as parking lots, driveways, or other areas where the public is invited or has access.
Legal Implications
Facing DUI charges on private property in West Virginia can have serious legal implications. If convicted, you may face criminal penalties such as fines, license suspension, mandatory participation in an alcohol education or treatment program, community service, and even jail time, particularly for repeat offenses or aggravated DUI charges. Additionally, there is the potential for civil liability if your impaired driving causes accidents or injuries.
In West Virginia, you can be charged with DUI on private property under certain circumstances, especially if the property is accessible to the public or used for public purposes. Understanding these legal implications is crucial for protecting your rights and effectively navigating the legal process.
You cannot afford to lose your license for even 15 days, the current State minimum for a DUI arrest. If you were arrested on your own property and charged with non-aggravated DUI, aggravated DUI, or felony DUI, you must speak to Harley Wagner immediately.