On public property or private? I didn’t think they could give you a ticket until you were actually on the road, does that mean if a drunk guy pulls his car into his garage he can get hit with a felony?
An unfortunate gentleman from New Hampshire to shares my name was a test case for what is now called Public/Private Property. He was working on his car at the end of his driveway which was 1/4 mile from the access road. He was having a few beers while doing it. The police came on to his property and arrested him for OUI. In order to convict him, the state created the concept of Public/Private Property by which since your driveway meets the road it is shared.
Yeah, I was on public roads. If this guy was on private property, I don’t see how he could be charged with DUI.