Can You Get a DUI on Private Property?

If you’ve been driving for a few years, you should be familiar with your state’s DUI laws. However, even the most experienced drivers may not know whether law enforcement can arrest them for private property DUI.

Every state’s DUI statutes are different, but there is a chance that you can be guilty of DUI even if you’re driving on private property. Of course, the easiest way to avoid a DUI conviction is not to drive while under the influence of alcohol or drugs.

Here, we’ll explain whether the police can arrest and charge a person with DUI if they’re not on a public roadway and how the law defines public property for purposes of DUI.

If you’re facing DUI charges, contact a local DUI defense attorney for help. They can assist you throughout the process, including working with prosecutors on reducing charges or crafting a plea bargain.

Can I Drive Drunk on My Own Property?

Some people might assume they’re safe if they’re only driving around their private residence. Or they may think the police can’t stop them for DUI if they’re on private land.

Unfortunately, that isn’t the case. A person can still threaten public safety, even while on their own property. Being the owner of the property doesn’t affect whether the DUI laws would apply. 

Most DUI Laws Prohibit Drunk Driving on Public Roads

Generally, DUI laws in the United States prohibit a person from operating a motor vehicle while under the influence of alcohol or drugs. Some states explicitly limit DUI to public roadways or “public ways.” But many DUI statutes do not specify that a person must be on a public street at the time of their DUI arrest. They simply indicate that a person will face criminal charges if police catch them driving drunk.

California law, for example, does not state that a person must be on a public roadway to be guilty of drunk driving. Specifically, California’s Vehicle Code Section 23152 makes it unlawful for a person to:

• Drive a vehicle while under the influence of any alcoholic beverage
• Drive a vehicle while under the influence of any drug
• Drive a while with a blood alcohol concentration (BAC) of 0.08% or more

Nowhere in the statute does it say a person can lawfully drive on private property while under the influence of drugs or alcohol.

Many state DUI laws are similar. They do not require that a driver must be on a public highway or road to be guilty of DUI. However, courts have generally required the private property to be “open for public use.”

How Do DUI Laws Define Public Property?

All DUI laws apply to drivers on public property. This is the case regardless of the language in your state’s DUI statutes.

Courts have held that public property includes (but is not limited to) the following:

• Public highways
• Public roads
• Public streets
• Bridges
• Shoulders

This means that the police can arrest you for DUI if you travel on any of the above. However, many states expand the definition of public property regarding drunk driving laws.

In states that allow law enforcement to arrest drivers for DUI on private property, drivers face a DUI arrest in the following situations:

• Premises that are open to the general public
• Private areas that offer public access
• Private property that is open to the public
• Private areas where the public has access for vehicular use

Common examples of private property DUI include parking lots of shopping malls and other commercial properties, private beach clubs, and golf courses. Even private roads in gated communities can still be subject to DUI laws.

These are just a few examples of private places where you can get a DUI. You should assume that the police can pull you over on suspicion of DUI/DWI regardless of where you are driving.

Can the Police Conduct a Traffic Stop on Private Property?

Many people believe the police can’t conduct a routine traffic stop on private land. In some instances, this is true. For example, the police cannot pull someone over in their private driveway for having a burned-out brake light. However, if a law enforcement officer believes a person has committed a crime, they can pursue the driver onto private property.

Generally, the police need reasonable suspicion to conduct a traffic stop. Law enforcement can only pull someone over for regular traffic infractions if they’re on public property. This includes traffic violations like speeding, distracted driving, and failure to yield.

In most cases, once drivers enter private property, the police can no longer pursue them for routine traffic violations.

However, if the police reasonably suspect that the driver has committed (or is committing) a crime, their power extends to private roads. This includes DUI/DWI. There are also exceptions for emergencies.

Penalties for Driving Under the Influence on Private Property

The penalties for private property DUI are the same as they are for regular DUI convictions. The specific criminal penalties depend on where you live. A person guilty of DUI will typically face possible jail time, fines, and a driver’s license suspension.

Other penalties you may face include:

• Community service
• Loss of your commercial driver’s license (CDL)
• Loss of other professional licenses
• Mandatory alcohol and drug counseling or treatment

Given the severe penalties for a private property DUI, it’s best to consult an experienced DUI attorney for help.

Defenses to DUI on Private Property

For the state to convict you of DUI, it must prove that you were driving while under the influence of drugs or alcohol. In most DUI cases, the prosecutor can submit evidence that you had a blood alcohol concentration over .08. They can also provide the video of you performing poorly on the field sobriety test.

Even if you refuse the breathalyzer test, the police can still arrest you for DUI. As long as the police had probable cause that you were driving while impaired, they could arrest you and charge you with DUI/DWI. However, keep in mind that refusing a breathalyzer comes with its own penalties in many states.

But, just because the state has evidence showing that you were guilty of impaired driving does not guarantee a conviction. Your criminal defense attorney will work hard to find weaknesses in the state’s case. If the police arrest you on private property, your attorney will probably argue that the arrest was not lawful.

Some of the most common defenses to private property DUI include:

• You were not driving at the time of the arrest. Your attorney can argue that you were not operating a motor vehicle when the police stopped you.
• You did not have actual physical control of the vehicle. If you did not have physical control of the car or truck at the time of your arrest, it will be hard for the state to convict you of DUI.
• The traffic stop or arrest was unlawful. As we discussed above, police must reasonably suspect a crime is being committed before entering private property without a warrant.

In addition to these defenses, your criminal defense lawyer can raise the traditional defenses to DUI.

Seek Legal Advice for Your DUI Charges

If you’re facing DUI charges, you should talk to a defense attorney immediately. Even if you were on private property at the time of your DUI arrest, you may still face severe penalties. An experienced DUI lawyer can help craft a strong defense strategy and represent you in court.

Private property DUIs are not as common as traditional DUI cases. The laws against drunk driving while on private property are not as straightforward as regular DUI laws. Therefore, it’s crucial that you have an experienced attorney familiar with your state’s DUI statutes by your side.