How to Fight DUI Allegations After Being Followed Home by Police in San Bernardino

DUI Arrests on Private Property: Protecting Your Rights and Freedoms

Being followed home by police and then arrested for DUI can be a jarring and deeply personal experience. For many, the sanctity of the home is violated when flashing lights trail into their driveway and officers arrest them on private property. Under California and federal law, the legality of such arrests depends on a complex interplay of constitutional protections, vehicle codes, and case law. If you were arrested in San Bernardino after police followed you to your residence, understanding your rights—and how to defend them—can make all the difference in your case.

Can Police Follow You Home for a DUI Stop?

Law enforcement officers are permitted to follow a vehicle if they have reasonable suspicion that a crime has occurred or is currently happening. This principle was cemented in Terry v. Ohio, 392 U.S. 1 (1968), which established that officers may temporarily detain individuals when they have specific and articulable facts to justify the stop. For DUI cases, these facts might include erratic driving, swerving, sudden stops, or failure to obey traffic signals. These behaviors provide a legal foundation for officers to initiate a traffic stop—even if the driver manages to reach home before being pulled over.

In San Bernardino County, police are particularly vigilant on roadways with high DUI activity, such as Waterman Avenue and Highland Avenue, and routes connecting downtown to suburban neighborhoods. An officer observing signs of impairment may follow a driver to their final destination before engaging. However, they must still meet legal requirements before making a stop.

Key legal considerations include:

• Reasonable suspicion: Officers must have objective reasons to suspect DUI activity based on observed behavior.
• Continuous observation: If officers observe impaired driving and follow without interruption, courts may uphold the stop.
• Delay in initiating a stop: If the officer delays the stop without clear justification, this may raise constitutional concerns.

The legality of following someone home does not automatically grant permission to arrest them in their driveway, especially without a warrant or exigent circumstances.

Did They Have the Right to Stop You?

Section 23152 of the California Vehicle Code (Cal. Veh. Code § 23152) prohibits driving under the influence of alcohol or drugs. However, law enforcement must still adhere to constitutional boundaries when enforcing this statute. The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures, which include traffic stops and warrantless entries onto private property.

When a driver reaches their home and parks in their driveway, the question becomes whether the officer can lawfully initiate or continue the investigation on private property. Courts generally hold that the curtilage of a home—areas like the driveway, yard, or porch—is entitled to the same Fourth Amendment protection as the home itself. In these cases, entering the property without a warrant or a valid legal exception can make the stop or arrest unlawful.

Exceptions may apply, such as:

• Exigent circumstances: If there’s a risk, the suspect will flee, destroy evidence, or harm others.
• Hot pursuit: If the driver is actively fleeing from a lawful traffic stop.
• Consent: If the driver consents to contact or testing.

Absent these exceptions, an arrest in a driveway may violate constitutional protections, opening the door to a potential dismissal of charges.

Navigating Arrests That Happen in Your Driveway

An arrest that occurs on private property raises legal challenges that can be pivotal in your defense. One of the most instructive California cases on this issue is People v. Lloyd, 216 Cal. App. 3d 1425, 265 Cal. Rptr. 422 (Ct. App. 1989). In Lloyd, the court found that police violated the defendant’s Fourth Amendment rights by entering his driveway and arresting him without a warrant, exigent circumstances, or proper justification.

People v. Lloyd emphasizes that:

• The driveway is part of the protected curtilage: It receives the same Fourth Amendment protections as the interior of the home.
• A warrantless arrest in that area is presumptively unconstitutional: Without a valid exception, such an arrest may not stand.
• Evidence gathered from such an entry may be suppressed under the exclusionary rule: This can severely weaken the prosecution’s case.

If you were arrested after pulling into your driveway, a thorough legal review of how and where the officer made contact is critical. Officers who bypass legal procedures to make a DUI arrest may open the door to powerful defenses in court.

Strategies to Challenge the Evidence

Once arrested, the strength of your defense often depends on the type and quality of evidence prosecutors present. If that evidence was gathered unlawfully, it may be possible to file a motion to suppress under Section 1538.5 of the California Penal Code (Penal Code § 1538.5.)

There are several strategies for challenging DUI evidence in driveway arrest cases:

• Unlawful entry: If officers entered your property without a warrant or exigent circumstances, the arrest and all evidence obtained after may be suppressed.
• Time delay in BAC testing: If significant time passed between when you last drove and when your BAC was tested, the prosecution may struggle to prove you were impaired while driving.
• Chain of custody issues: Any problems in how the breath or blood samples were handled could undermine the credibility of the results.

A DUI lawyer can examine police reports, surveillance footage, and other documents to identify weaknesses in the prosecution’s case.

Documenting the Timeline and Surveillance Footage

Details matter in DUI cases—especially those involving driveway arrests. The more documentation you have, the more leverage your defense attorney has in court. Law enforcement narratives can sometimes contain inconsistencies, and it is your attorney’s job to identify those inconsistencies using evidence and a coherent counter-narrative.

Ways to strengthen your defense with documentation include:

• Timestamps from home cameras: Footage showing when you pulled into your driveway, exited the vehicle, or interacted with officers can be critical.
• Phone logs or texts: These can help establish a timeline and show whether you drank alcohol before or after driving.
• Eyewitness accounts: Testimony from roommates, neighbors, or guests can corroborate your version of events.
• Vehicle data logs: Some newer vehicles store data on trip duration, speed, and engine shutoff, which is valuable for establishing timelines.

Accurate timelines can raise a reasonable doubt about whether you were under the influence while operating the vehicle, which is a central element in a DUI charge.

Why Your Story Matters in a DUI Defense

In criminal defense, facts and law are essential—but so is your story. A personalized, human narrative can have a powerful effect on how judges and juries view the case. The context surrounding your actions, your behavior, and your intentions can all serve to reduce harsh judgments or open the door to alternative sentencing options.

Effective ways to humanize your DUI defense include:

• Witness statements: Friends, family, or neighbors can testify to your demeanor, cooperation, or sobriety at key moments.
• Personal background: Evidence of your work history, community involvement, or family responsibilities may support your character.
• Explaining behavior: Altitude sickness, medical conditions, or emotional distress may explain actions misinterpreted as signs of intoxication.
• Efforts to comply: If you attempted to cooperate with law enforcement, even while confused or surprised, that effort may reflect in your favor.
• Post-arrest conduct: Enrolling in alcohol education or counseling programs shows responsibility and can influence prosecutorial discretion.

Crafting a narrative that reflects the real person behind the charges is one of the most effective strategies in DUI defense. It not only influences sentencing but may persuade a judge or jury to dismiss or reduce charges.

Call Patrick Silva, Attorneys at Law, for Aggressive DUI Defense

If you’ve been followed home and arrested for DUI in San Bernardino, you need a legal team that understands both the law and your story. We’re committed to defending your constitutional rights and helping you navigate this challenging process with skill, strategy, and compassion.

Call 909-500-4819 to speak with Patrick Silva, Attorneys at Law, for a free consultation.