An attorney friend if mine in my county told me about this case he had. Apparently it was in the news and I missed it. But I think it bears repeating. A client of his was injured driving an ATV on his family’s (private) property. He was charged with DUI. The local court system threw the criminal charge out. But the gestappo-esque DMV proceeded to suspend his license and litigate the matter all the way to the WV Supreme Court.
The Supreme Court ruled that the WV DUI statute applies anywhere in the state, including on your own private property – even on an ATV. God bless the nanny state. I feel safer already.
Read the Charleston Gazette-Mail article on the opinion here.