I had driven for about 13 hours to get to Salem Virginia for a shut down job. I decided to have a few drinks while I sat in my vehicle in the hotel parking lot so I could smoke since the hotel is 100% smoke free. It was cold that night so I had the vehicle running using the heater and I feel asleep. The police came through the parking lot and woke me up and saw the empty beers and asked me to submit to a field sobriety test which I refused because I thought I was on private property and had permission to drink in the parking lot from the hotel management. So I was arrested and charged with DWI.
Stay off the internet and stop posting evidence against yourself.
Get a DUI attorney ASAP.
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Yes, you can be convicted of dwinon private property. However, being on private property raises other legal issues in terms of whether the Commonwealth can get a conviction . You need to retain a lawyer and only talk to them regarding the facts of your case.
Being on private does not prevent a conviction for DUI, but it does complicate the process.
If the outcome of your case is important then I think you should be represented by an experienced, respected and successful Virginia criminal defense attorney who specializes in DUI Defense.
If some electrical or mechanical device is engaged, that is operating a motor vehicle even in a parking lot. Running the heater is enough. However if you are not on a highway then the law of implied consent to take the breath test does not apply. Depending on what tests you took and what the officers told you there may be defenses.
This response applies to the state of Louisiana. Where a vehicle is driven while the driver is under the influence is not an element of the crime of DWI. Thus, a person can be convicted of DWI if he is operating a motor vehicle on private property such as a hotel parking lot.
This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under federal and/or state law and the applicable state or local laws that may impose additional obligations on you and/or your family members.
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