Some people assume that once they make it home, they are safe from a DUI arrest. Unfortunately, that is not always the case. In South Carolina, law enforcement officers frequently arrest individuals for DUI in two common home-based scenarios: (1) being arrested in their own driveway and (2) being arrested after police arrive at their home to question them. Understanding the legal framework behind these situations can help individuals protect their rights and build a strong defense.
Arrested for DUI in Your Driveway
Some people believe that if they are just steps away from their home, the police should let them park and walk inside. That is not how DUI enforcement works today. Law enforcement officers have no hesitation about arresting someone they suspect of impaired driving, regardless of how close they are to home.
Another misconception is that pulling into a driveway before stopping for the police somehow helps their case. In reality, it often has the opposite effect. Officers may view this as an attempt to evade arrest, which could lead to an additional charge of Failure to Stop for a Blue Light. Otherwise the failure to pull over may be argued as further evidence of impaired driving by the police, and used by the prosecution to help establish guilt in court.
That said, South Carolina law requires actual evidence of driving or movement of a vehicle while impaired to support a DUI charge. If someone is simply sitting in a parked car in their driveway without recent movement, that is not enough for a DUI conviction.
Arrested for DUI After Entering Your Home
A different scenario occurs when someone gets into a single-car accident, such as running off the road or getting stuck in a ditch. If they leave the scene—either by walking home or catching a ride—and later police come knocking at their door, this can quickly escalate into a DUI investigation.
In South Carolina, officers can make a warrantless arrest for DUI if they personally witness the offense or if it was "freshly committed." This means that if police believe they have sufficient evidence that you were recently driving under the influence, they may proceed with an arrest—even if they did not see you behind the wheel.
What Should You Do If Police Come to Your Door?
The best course of action? Do not open the door. Without a warrant, police cannot force their way into your home. If you refuse to engage, the situation often ends there. Your car will likely be towed from wherever it is, and you'll have to pay hundreds in towing and storage fees but this is much better than facing a night in jail plus the cost and risks of a DUI arrest.
However, once the door is opened—whether by you or a family member—the police may begin questioning and investigating. If they suspect impairment, they may request field sobriety tests, and an arrest may follow. At that point, your case proceeds much like any other DUI case.
Defending Against a DUI Arrest at Home
While police can and do make arrests in these situations, they often face evidentiary challenges that can be used in a defense strategy:
Lack of Witnessed Driving: If the police did not observe you driving, they must rely on circumstantial evidence, which can weaken their case.
Possibility of Post-Driving Alcohol Consumption: If you have been at home for any length of time before police arrive, they cannot prove that any impairment was due to alcohol consumed before driving rather than after arriving home.
Conclusion
DUI arrests in driveways or homes are not uncommon, but they present unique legal issues that can be used in a defense. If you or someone you know has been charged with DUI under these circumstances in Columbia, Lexington, or anywhere in South Carolina, it is critical to consult with an experienced DUI defense attorney. There may be strong arguments to challenge the charge, negotiate a reduction, or even secure a dismissal.
If you are facing DUI charges, contact us today for a consultation to discuss your case and protect your rights. We offer free consultations with an experienced DUI defense attorney. To schedule yours call us at (803) 359-3301.