# Drinkdriving on private property



## Liamos (20 Apr 2010)

Myself and a group of 7 other people were away for a family weekend recently where we stayed on the grounds of a hotel in three of their lodges. As we all had a (good) few drinks in the hotel after our meal, no one wanted to drive back to the lodges (about 1/4 mile) and instead we opted to walk. However the subject arose as to whether the gardai can come on to private property and breathalyse you? The common opinion was that they cannot, but I would be interested to know the correct answer. I could have saved myself a long walk!


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## jhegarty (20 Apr 2010)

It's a public place ,so they can still arrest you.


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## haminka1 (20 Apr 2010)

outside a hotel is a public place
even so, if anything has happened and they'd breathalyse you, you'd have the dui charge 
honestly - i'm sure you are aware of the danger of drink driving, why would you want to drive? the walk wasn't that short so what was the problem with walking? pure laziness, imho


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## Caveat (20 Apr 2010)

I saw the thread title and had visions of well oiled headers doing enormous donuts on their lawns! 

Which would be allowed I'm sure, but inadvisable.


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## Husker (20 Apr 2010)

haminka1 said:


> outside a hotel is a public place


 
Is it ok to get drunk and drive your car through the lobby?


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## Liamos (20 Apr 2010)

Haminka, I have already said that we walked! I am not advocating drinkdriving.  A couple of our party seemed very confident that the hotel was on private property and therefore outside the scope of the drinkdriving laws. But it would be interesting maybe to hear from a guard.


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## foxylady (20 Apr 2010)

Surely drinkdriving is illegal no matter where it takes place


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## RonanC (20 Apr 2010)

Road Traffic Act 1961 and as amended by Section 10 of the Road Traffic Act 1994



> 49.—(1) ( _a_ ) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.


 



> "public place" means any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge


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## haminka1 (20 Apr 2010)

Husker said:


> Is it ok to get drunk and drive your car through the lobby?



dunno, try and let me know


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## Caveat (20 Apr 2010)

foxylady said:


> Surely drinkdriving is illegal no matter where it takes place


 
Not necessarily.  If you can drive without a licence on private property arguably there are other exemptions too.


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## foxylady (20 Apr 2010)

Caveat said:


> Not necessarily. If you can drive without a licence on private property arguably there are other exemptions too.


 

That would be typical fo this country alright. I watched a programme on tv last night about growing up gay in Irelnad and was shocked to hear it was illegal to be gay here until 1993 however seemingly its ok to drive drunk once itson private property - Crazy stuff Ted


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## jhegarty (20 Apr 2010)

Is it different in other countries ?


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## doubledeb (20 Apr 2010)

Wouldn't matter private or public if someone acted the eejit, by getting behind the wheel locked and injured or killed someone on the hotel grounds. I think illegal or not there would be more serious issues!


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## Betsy Og (21 Apr 2010)

In the farming sense its clear and common knowledge that you dont have to abide by the road traffic laws on your own land, e.g. unless you go on the public road you dont need tax or insurance (or at least in all my days I've never heard of a garda jumping a hedge onto a farmers own land to book him).

Same goes for motorcross bikes, they dont have to be 'road legal' - lights, indicators, numberplates or be registered, taxed or insured etc.

In the case of the hotel its clearly a public area, but whether a forestry track, to which the public could have vehicular access by motorbike only, would be "public" is debatable. One of the classic never enforced/never tested ones I'd say.

p.s. I woudnt recommend tractor driving or biking while "cut" - both are hazardous enough.


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