> [In what situation could this happen though? A police officer can't enter your property without a warrant or probable cause.]
While this may seem like an extremely unlikely scenario for many people, it's actually not that hard to think of a situation where this could happen, particularly in more rural areas of the country.
Where I live (South Jersey), there aren't many places where you can legally ride dirt bikes and ATV's, but many people have a decent amount of land, so they ride around in their back yards.
Consider the following hypothetical scenario:
A group of friends riding around on dirt bikes in their back yard, drinking some Budweiser, when suddenly, a neighbor calls the cops for the noise. The cops arrive and notice the beer bottles on the ground.
Now, most rational cops would probably just tell the people to knock it off, but you're essentially at their mercy at this point.
Each person could end up getting a DUI charge for doing something that was not endangering anyone other than themselves.
> [But if you end up driving through your neighbor's fence, or run over a guest/family member in your own backyard, I don't think a DUI is unreasonable.]
There's one key detail here: You're referring to cases where an accident has actually (possibly) occured as a result of being drunk. In these cases, I agree, being drunk should definitely result in a more severe punishment. However, I'm talking about a DUI being used proactively as a method of preventing risky behavior that could have potentially harmed others, but has not actually resulted in any accidents.
My argument is that, unlike driving a car drunk on public roads (where a DUI is certainly justified), the risk of harming innocent bystanders in this scenario is exceedingly small, and therefore does not warrant a potentially life-ruining charge when no harm has actually occured.
If not here, then where do we draw the line?
Should a group of people playing baseball in their back yard while drunk be arrested and charged with a crime because they could have potentially hit the ball just right and killed someone?
There are tons of examples of crazy accident scenarios that could have been avoided by better judgement.
I think that situations like these should be addressed on a per-incident basis. It doesn't make sense to proactively punish people for things that are of such a low risk of harming others. These scenarios are rare and unique enough that a general law really doesn't work well.
> [Or if you drive into your own home, tree, whatever, and try to contact insurance for damages, it also makes sense to consider that you were intoxicated.]
I'm 80% sure that insurance would still have to pay out in this case. They pay out for house fires caused by cigarettes, so I assume this is no different, but I really have no confirmation of this.
While this may seem like an extremely unlikely scenario for many people, it's actually not that hard to think of a situation where this could happen, particularly in more rural areas of the country.
Where I live (South Jersey), there aren't many places where you can legally ride dirt bikes and ATV's, but many people have a decent amount of land, so they ride around in their back yards.
Consider the following hypothetical scenario:
A group of friends riding around on dirt bikes in their back yard, drinking some Budweiser, when suddenly, a neighbor calls the cops for the noise. The cops arrive and notice the beer bottles on the ground.
Now, most rational cops would probably just tell the people to knock it off, but you're essentially at their mercy at this point.
Each person could end up getting a DUI charge for doing something that was not endangering anyone other than themselves.
> [But if you end up driving through your neighbor's fence, or run over a guest/family member in your own backyard, I don't think a DUI is unreasonable.]
There's one key detail here: You're referring to cases where an accident has actually (possibly) occured as a result of being drunk. In these cases, I agree, being drunk should definitely result in a more severe punishment. However, I'm talking about a DUI being used proactively as a method of preventing risky behavior that could have potentially harmed others, but has not actually resulted in any accidents.
My argument is that, unlike driving a car drunk on public roads (where a DUI is certainly justified), the risk of harming innocent bystanders in this scenario is exceedingly small, and therefore does not warrant a potentially life-ruining charge when no harm has actually occured.
If not here, then where do we draw the line?
Should a group of people playing baseball in their back yard while drunk be arrested and charged with a crime because they could have potentially hit the ball just right and killed someone?
There are tons of examples of crazy accident scenarios that could have been avoided by better judgement.
I think that situations like these should be addressed on a per-incident basis. It doesn't make sense to proactively punish people for things that are of such a low risk of harming others. These scenarios are rare and unique enough that a general law really doesn't work well.
> [Or if you drive into your own home, tree, whatever, and try to contact insurance for damages, it also makes sense to consider that you were intoxicated.]
I'm 80% sure that insurance would still have to pay out in this case. They pay out for house fires caused by cigarettes, so I assume this is no different, but I really have no confirmation of this.