Being in your own driveway does not automatically prevent a DUI charge. If an officer sees you drive home and pull into the driveway, the officer has observed driving. If the officer determines that you were impaired while driving, a DUI charge may follow.
The situation is different when someone is simply sitting in a car in their driveway and has not driven. The driving element is missing, making a DUI charge inappropriate on those facts as described in the video.
Disputes can still arise about whether driving occurred and whether it was connected in time to drinking or impairment. Reviewing that evidence is an important part of defending a DUI charge.
