QUESTION

Can an officer arrest a person for DUI in a private parking lot?

Asked on Jan 15th, 2014 on DUI/DWI - California
More details to this question:
If a person was drinking in a bar and returned to the vehicle after being assaulted by their employees and receiving a bump on the head for the assault which resulted in a mild concussion, and did not remember the incident, then drove within a private parking lot to get something to eat and sober up within the parking lot, how can that be considered a DUI?
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7 ANSWERS

Michael J. Breczinski
Most DUI statutes say driving on the highways or (areas open to the public). This is an area open to the public.
Answered on Jan 17th, 2014 at 8:19 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Driving includes driving on private property.
Answered on Jan 17th, 2014 at 5:13 AM

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Criminal Defense Attorney serving Port Orchard, WA at Glisson & Morris Attorney At Law
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In Washington, it is not a defense that the driving was in a private parking lot. Now if the car was safely parked, that is a different issue and a potential defense.
Answered on Jan 17th, 2014 at 5:09 AM

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Yes the cop can. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jan 17th, 2014 at 4:59 AM

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Tax Law Attorney serving Birmingham, AL at Meadows & Howell, LLC
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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

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Criminal Law Attorney serving Boulder, CO
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Yes but the bump on the head will cause many of the symptoms that the officer would say mean DUI. If the driving was to get away from attackers, rather than just for food, there is a defense there too. DUI can be charged for driving anywhere in the state, even off road.
Answered on Jan 17th, 2014 at 4:51 AM

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Bankruptcy Attorney serving Irvine, CA at Chambers Law Firm, P.C.
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In California, yes they can.
Answered on Jan 17th, 2014 at 4:49 AM

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