Legal Question in Criminal Law in Maryland

dui law of maryland

can you be arrested for dui in the state of maryland while driving on private property


Asked on 9/29/04, 9:31 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: dui law of maryland

This was settled in 1994 when the Court decided CRAIG DOUGLAS RETTIG v. STATE OF MARYLAND.

By the broad language of Md. Code Ann., Transp. � 21-901, the General Assembly intended Md. Code Ann., Transp. � 21-902 (1992) to apply to land anywhere within the State of Maryland,

whether on a public highway, on other public land open to vehicular traffic and used by the public

in general, in a parking lot, on a private road or driveway, or indeed on any land surface including

a backyard. The Court of Appeals of Maryland has declined to read a "used by the public"

limitation into Md. Code Ann., Transp. � 21-901 when nothing in the broadly-worded language of

Md. Code Ann., Transp. �� 21-101.1(a)(2) or 21-901 suggests that the Legislature intended to

make the application of Md. Code Ann., Transp. � 21-902 (1992) depend upon the nature of the

land involved.

If you are involved with a legal matter, you should consult an attorney.

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Answered on 9/30/04, 8:53 am

Re: dui law of maryland

Yes, you can you be arrested for DUI in the State of Maryland while driving on private property.

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Answered on 10/01/04, 5:28 pm


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