Let’s assume I plunk down a chest of beer & an outdoor style lounge chair in my front yard one fine spring afternoon a few feet from the street, and start drinking and watching he cars & pedestrians go by. I’m not yelling or disruptive, but eventually I become so drunk I pass out t and begin snoring away. I do this day after day if the weather is nice. I’m on my property & I’m not yelling or harassing anyone. Is there anything the law can do to stop me?
I don’t know exactly, but I believe that if there is no fence or gate or something closing off your yard, then it becomes a public place… so you would be getting drunk in public. At least that is the general consensus around the office here… maybe a few of the lawyers will pop in and let you know.
I don’t know but after today I think I’ll go home and find out. Thanks for the idea.
It depends on your jurisdiction. Louisiana has drinking laws that are so lax in places that you could do that on a public sidewalk. I am sure you would be even more free on your own property.
I have seen people do basically what you describe in several states. Lots of people have porches right on the street and they don’t seem to encounter much problem having keg parties there. Other people have them on their porch right on the street.
People in New Hampshire put lawnchairs beside on the road on private property nowhere near a house during times like NASCAR races and motorcycle weekend and just drink and watch the traffic go by. Police are all over and strict during those times and the don’t act on the beside the road drinkers. The opening scene of King of the Hill has the gang drinking standing next to the road but in someone’s yard.
The passing out part is more questionable. Ok, I will admit that I have had this same scenario happen to several times when I still drank. The police just have to make sure you are Ok, and not a danger to yourself. As long as you are coherent, they will probably just tell you to go into the house for your own safety. I know that they would have busted me for something in they could but there wasn’t really anything to get busted for. The just make sure you are somewhat Ok. If you are really passed out, they may call an ambulance to get you checked for alcohol poisoning.
However, I am sure that some jurisdiction somewhere has a law that you could suffer for.
I was going to ask some clarification questions, but I think I’ll save them for the morning.
Make sure you know which part of the yard is yours, and which isn’t.
Of course, it may all be yours. But at least two houses I’ve lived in have been subject to a road allowance, title to which is retained by the municipality. It’s in case the road needs widening, which likely will not occur on quiet residential streets. But if the survey to my current house is correct, it’s still there. I may have to cut the lawn on it, but I do not own it.
I could easily put a lawn chair out in my front yard and drink all day–as long as I make sure that the chair and my cooler are at least 15 feet away from the curb.
It’s a technicality, and wouldn’t be worth the municipality’s time and effort to pursue. But I’d want to be careful, and not give them an excuse to stop me. Especially once I got started.
I’m thinking we should consult Ron White on this.
Heh. “They THREW me into pub-LICK”
Relevant info from Texas, apparently cops can enter private property (such as a hotel bar) without cause and arrest you for “public drunkenness”. Recently publicized about a month ago. I would imagine you wouldn’t be safe in your front yard there.
I have a friend who got arrested for drunk driving while sitting in his car in the driveway with the radio on. So make sure you don’t get into your car!
I was once detained in Ontario. I was told that you can’t even sit on your front porch in view of the public and drink.
Same in Bakersfield. You can drink on your porch, or yard, but not become intoxicated. I don’t know if the legal level is the same as for driving.
Peace,
mangeorge
I wouldn’t put that to the test. One of those Mardi Gras episodes of “COPS” featured a tourist who thought it’s legal to be drunk in public but she got busted. The arresting officer wasn’t too pleased with that tourist and her ignorance of the law.
what you do need to be aware of is if you get drunk enough to pass out you may end up in the hospital. If your neighbor calls an ambulance, the paramedic may feel compelled to take you to the hospital if they feel you are unable to care for yourself.
I think keys in the ignition = driving. I had an uncle who was an alchoholic but was actually pretty responsible when it came to it effecting other people like drunk driving and such. He would spend lots of nghts in the driveway of the bars he frequented sleeping it off in his pickup. He swore by the rule of never put your keys in the ignition even if the car is off and you are locked in and cuddled up on the seat.
Cuddled up in the back seat, i mean.
I can’t find the article, but don’t try this in the U.K.: a man was convicted of drunk-driving for doing exactly this.
A woman in DC was once arrested for drinking a glass of wine on her front porch
She was actually a minor celebrity after the event.
Not sure where you are from, but in Ohio, Indiana and Michigan the law can arrest you for passing out in your car with the keys in your possesion. I’ve know a couple of people who have been arrested and convicted of DUI while asleep in thier vehicles. Thier lawyers told them that they need to eiher give thier keys to the bartender before they get into the car or to hide the keys somewhere the cops will not look. The first option being prefferred, because you can then argue in court that you did not intend to drive away early in the morning while still being possibly drunk.
In Virginia “in public” was held to mean visible to the public, as opposed to “being in a public place”. So it was held on appeal that it was proper to arrest someone drunk on their own property on their porch, as it was visible from the road
http://www.courts.state.va.us/opinions/opncavwp/2276003.doc