As noted in a dissenting opinion by Appellate Judge Wise in 2008 (Hinson v. State), there is no real case law that supports the stance that you can not get a DUI on private property. However, in Lunceford v. City of Northport, a 1988 case, a DUI conviction was upheld when a driver was found intoxicated in his vehicle that was in a store parking lot. Even if Alabama law could be construed so as to allow for intoxicated driving on private property, Judge Wise points out that there is a distinct difference between operating a vehicle under the influence while on private property that you own and operating a vehicle under the influence while on private property that you do not own. This is especially the case when you are dealing with a store's parking lot that can only be entered or exited by driving on public roadways. Lastly, although it is technically a private parking lot, you are in a public area in which other people and their property are present. Laws that prohibit driving under the influence were created with the intent of protecting people's property and well-being. I do not foresee any court dismissing your case simply because you were operating your vehicle under the influence in a store parking lot as opposed to a roadway. This would undermine the congressional intent for enacting laws against driving under the influence.
Answered on Jan 17th, 2014 at 4:55 AM