QUESTION
Can I get a DUI if I am driving in a parking lot?
Asked on Jan 24th, 2012 on Criminal Law - New Hampshire
More details to this question:
Is cutting through a private parking lot going about 30mph reasonable cause to for the police to pull you over for DUI?
49 ANSWERS
3 Awards
Yes, it's a public place. Hire a great DWI attorney.
Answered on Jun 02nd, 2013 at 8:26 PM
2 Awards
Yes.
Answered on Jun 02nd, 2013 at 8:25 PM
Yes.
Answered on Jun 02nd, 2013 at 8:22 PM
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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Yes.
Answered on May 30th, 2013 at 9:23 PM
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Yes.
Answered on May 30th, 2013 at 9:21 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Yes.
Answered on May 30th, 2013 at 8:28 PM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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Under Cal. law you can be convicted of DUI even if it was on private property, even your own property.
Answered on Feb 23rd, 2012 at 11:48 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If the lot is open to a substantial amount of the public then it is considered to be public for purposes of prosecuting cases. Also, cutting through the parking lot to avoid a stop sign or light is illegal. And, whether the speed is acceptable depends on the safety circumstances.
Answered on Feb 21st, 2012 at 10:08 AM
You've asked two separate questions. 1) Yes, you can get a DUI while driving in a public parking lot. 2) Is there sufficient probable cause to pull you over? From the facts you provided it is unclear. If there is insufficient probable cause you can bring a motion to suppress the evidence gathered after the stop, However, those motions are difficult to win.? Likely the officer will talk about the recklessness of the behavior, or can raise a violation of the law (excess speed in the parking lot in violation of posted signs, etc., which would give rise to probable cause.
Answered on Feb 20th, 2012 at 4:55 PM
Samuel H. Harrison
Yes, you can get a DUI in a parking lot. Cutting through a parking lot, by itself, isn't probable cause. How you were driving in that parking lot may be good probable cause.
Answered on Feb 20th, 2012 at 12:40 PM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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Not only can you get a DUI for driving 30mph in a parking lot, you can get a DUI while PARKED in a parking lot. The Alabama criminal code requires only that you be in control of the vehicle.
Answered on Feb 20th, 2012 at 12:39 PM
The law makes it illegal to drive your car on any public road, any place that is accessible to vehicles, and parking lots. Most residential areas have speed limits of 25 mph. Going 30 mph in a parking lot is beyond the speed limit, and, therefore, reason to pull over a motorist.
Answered on Feb 20th, 2012 at 11:38 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You're asking two different questions. Yes, you can get a DWI in most parking lots. The legality of the stop is an entirely different question which depends a lot of different factors.
Answered on Feb 20th, 2012 at 11:30 AM
Criminal Defense Attorney serving Oregon City, OR
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Jared Justice, Attorney at Law, P.C.
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The short answer is yes, a parking lot is premises open to the public. There are many circumstances that police use to pull someone over (reasonable suspicion of a violation, in your case), but much more information is needed to give you a proper answer. You should definitely speak with/hire an attorney.
Answered on Feb 20th, 2012 at 11:05 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Yes unless it is blocked off and clearly marked "private" under Michigan law.
Answered on Feb 20th, 2012 at 10:55 AM
Anytime you operate a vehicle in a manner law enforcement believes is unsafe or reckless, such as going too fast in a parking lot, that may constitute probable cause to stop the vehicle. Then, if the officer believes the driver is impaired by drugs and/or alcohol, a DUI arrest may follow.
Answered on Feb 20th, 2012 at 9:59 AM
Criminal Defense Attorney serving New Windsor, MD
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V. Lanny Harchenhorn Attorney at Law
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Yes to 1st; probably to 2nd. It's after they pull you over for the speed etc. that they observe behavior, smell, eyes, etc. upon which they build the DUI.
Answered on Feb 20th, 2012 at 9:37 AM
Michael J. Breczinski
It is public highways or places open to the public that the OUIL laws apply, which covers many parking lots. Also if you were going through the parking lot to avoid a traffic cntrol signal that is illegal and can get you stopped.
Answered on Feb 17th, 2012 at 11:01 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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If the officer has a reasonable suspicion you are driving impaired or otherwise in an unsafe manner he/she is justified in pulling you over. If once pulled over they suspect intoxication they can conduct a sobriety test. If you received a DUI you need to contact a lawyer to help you achieve the best outcome.
Answered on Feb 17th, 2012 at 11:00 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry The statute takes care of this by stating that the driving must be on the roadway or a place open to the public. Therefore, a parking lot is a place open to the public. See MCL 257.625 for text of law.
Answered on Feb 17th, 2012 at 10:20 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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It may be a god defense. I would need to know more, who owned the parking lot, what if anything was in the lot (stores, apartments, ATM, etc).
Answered on Feb 17th, 2012 at 9:48 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Yes as they can always get you for being drunk in public, even on your own front porch.
Answered on Feb 17th, 2012 at 9:28 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes you can. Operating is even sleeping in the back seat with the keys in the ignition. Drunk driving cases are the easiest to prosecute.
Answered on Feb 17th, 2012 at 9:22 PM
Your question provides an interesting position and while it may give rise to that, there are lots of facts and inferences that a qualified attorney would need to know to give you a more detailed response. While it is possible that your case did not have the requisite probable cause to pull you over, without these other details and information it is hard to know. You should speak with a qualified DUI attorney about your case and provide details to them. A good DUI defense begins at the moment you are pulled over and the longer you wait, the harder gathering certain information becomes.
Answered on Feb 17th, 2012 at 8:37 PM
Yes, you can get a drunk driving in a parking lot. Michigan law is very clear that any place open to the public for use of vehicles is subject to arrest for drinking and driving. Fast to reasonable cost for the traffic stop, that's another matter.
Answered on Feb 17th, 2012 at 8:25 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes. Cutting through a parking lot is a vehicle code violation.
Answered on Feb 17th, 2012 at 8:13 PM
Assault Attorney serving Richardson, TX
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The answer depends on weather the parking lot is available to the public. If private you may have a defense.
Answered on Feb 17th, 2012 at 8:12 PM
Bruce Arthur Plesser
Cutting through a parking lot to avoid a traffic control device is illegal. The police will allege unreasonable speed in the parking lot and if believed, that is probable cause to stop your car. You can get a DUI for driving in a parking area that is privately alone.
Answered on Feb 17th, 2012 at 8:08 PM
Criminal Defense Attorney serving Lincolnwood, IL
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Fagan, Fagan & Davis
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Yes, in fact, you can technically be charged with DUI if you are sitting in your car in the garage with the ignition off. A reasonable officer might conclude that driving through a private lot at 30 mph is consistent with an effort to avoid a traffic control device, which is an offense under the Illinois traffic code. As always, your attorney should consider the circumstances and the possibility that probable cause was lacking. A more detailed understanding of the surrounding facts may yield a different conclusion.
Answered on Feb 17th, 2012 at 8:08 PM
Gary Moore
It might be. It all depends on ALL the facts and circumstances.
Answered on Feb 17th, 2012 at 2:38 PM
Domestic Violence Attorney serving Chicago, IL
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Law Offices of Mitch Furman
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You're not supposed to cut through a parking lot. Arguably, officer has probable cause to pull you over.
Answered on Feb 17th, 2012 at 2:37 PM
3 Awards
If the officer determined that your speed was unreasonable, he or she can stop your vehicle even if your in a parking lot.
Answered on Feb 17th, 2012 at 2:16 PM
Most states make a distinction between purely private property and ?private property open to the public?. Parking lots of businesses are private property, however, that property is open to public use so that the public (potential customers) can use it. In terms of a DUI, all private property open to the public is subject to police regulation. Traveling through a parking lot at 30 mph will probably get the attention of the police in every instance and an officer would have authority to stop the vehicle and investigate.
Answered on Feb 17th, 2012 at 2:11 PM
It sounds as though you have at last a couple of possible defenses to the DUI charge. Hire an attorney now to fully prepare your case. The speed and the location can be the basis of several motions.
Answered on Feb 17th, 2012 at 1:59 PM
It really depends on a lot of other factors. Courts tend to give deference to cops. So, if they say you were driving recklessly or too fast for conditions, there's a high likelihood the court will find good grounds for the stop. Also, it depends on what the police did after the stop. You need to consult an attorney who can get all the details and provide you specific advice.
Answered on Feb 17th, 2012 at 1:53 PM
Yes, if you were driving.
Answered on Feb 17th, 2012 at 1:53 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Cutting through a parking lot.. Why were you cutting through the parking lot? That act, in and of itself is illegal. Your speed is questionable and suspect. 30 mph through a parking lot can well be excessive. These actions give the officer probable cause to make the stop. In all likelihood, the officer saw you leave the road of travel and cut through the parking lot. or someone else may have observed your driving and called the police to report you. I do not have enough facts; but YES, you can be cited for a DUI in a parking lot. You need to retain the services of an attorney.
Answered on Feb 17th, 2012 at 1:52 PM
Gerald Lykins
Yes, a parking lot is open to the public and generally accessible to motor vehicles. Look up 257.625.
Answered on Feb 17th, 2012 at 1:52 PM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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It seems like your asking two different questions: 1) was there reasonable cause to stop you; 2) was there probable cause to arrest for DUI. Right? The answer to your first questions is, "possibly". More information is needed than just "private parking lot" (i.e., were you driving recklessly, hitting curbs, cars, any headlights/taillights out, etc). The answer to the second question is: yes, you can be arrested for DUI in a private parking lot. That said, the initial reason for the contact must still be legal - meaning, an officer cannot stop you simply because he believes you may be DUI. That's the reason I ask about how you were driving or any vehicle damage.
Answered on Feb 17th, 2012 at 1:43 PM
Yes. In Maryland, the driving can be on private property to be guilty of DUI.
Answered on Feb 17th, 2012 at 1:43 PM
Peter James DeRose
Perhaps. The Michigan Statute specifies that you must be operating the motor vehicle. Driving in a private parking lot does constitute "operating." However, that having been said, the police officer had to have a valid reason to pull you over. That is how you can attack the stop. My question is, what about you driving 30mph in a parking lot lead the officer to believe you were intoxicated? If he has no valid reason to stop you, the resulting evidence he obtains can be thrown out and barred from trial. That is how you can win. You need to have your case evaluated by a professional.
Answered on Feb 17th, 2012 at 1:42 PM
Yes and the speed of 30 mph is extremely reckless.
Answered on Feb 17th, 2012 at 1:42 PM
James Edward Smith
You can get a dui whenever you are in dominion and control of a vehicle and under the influence of alcohol or drugs. You can be in a parked car in your garage and get a dui.
Answered on Feb 17th, 2012 at 1:39 PM
3 Awards
Yes and Yes. The stop must be for driving that is in some way unsafe or illegal, and I suspect this one is.
Answered on Feb 17th, 2012 at 1:38 PM
Yes. Driving anywhere is enough, even your own property at home. Contact a DUI specialist ASAP. You have only 10 days to save your license.
Answered on Feb 17th, 2012 at 1:38 PM
Yes you can. In Arizona you can get a DUI on private property. Call a lawyer. There may be other defenses.
Answered on Feb 17th, 2012 at 1:33 PM
Criminal Defense Attorney serving Millburn, NJ
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The Gorman Law Firm
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Operating a motor vehicle on a quasi-public area like a parking lot can give rise to a DWI. I would recommend that you speak with an attorney who is well versed in DWI defense as soon as possible because the penalties and collateral consequences for a DWI conviction are quite harsh.
Answered on Feb 17th, 2012 at 1:16 PM
DUI is one of the few driving offenses that DOES APPLY to private property. Whether the circumstances of your case would have facts that constitute "reasonable suspicion" to support Law Enforcement effecting a traffic stop is a difficult question to answer based upon the limited information you provided. Reasonable suspicion = the officer having reasonable grounds to believe that a crime HAS BEEN COMMITTED or is ABOUT TO OCCUR. If there was nothing illegal about the act of cutting through the parking lot, then there is no reasonable suspicion. The Colorado Supreme Court just decided a reasonable suspicion case on February 13th. It is a favorable case for circumstances where reasonable suspicion is slim (such as your case might be). I would strongly suggest that you seek a qualified attorney experienced in DUI defense to assist you in avoiding the criminal and DMV consequences of this charge. Good luck!
Answered on Feb 17th, 2012 at 1:16 PM
Criminal Law Attorney serving Salem, NH
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Law Office of Patrick E. Donovan, PLLC
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Parking lots are considered public ways in NH, in the absence of some evidence that the public was not permitted or invited to enter or travel upon in the lot. A parking lot in front of or adjacent to any public store is a "way" and could be the basis for a DWI arrest and conviction. Simply driving in a public parking lot does not provide reasonable suspicion for a stop, although 30 mph could exceed the permissible speed limit, which would be sufficient for a stop. Depends on the lot and whether any speed limit was posted within the stop. Cutting through a parking lot to avoid a traffic light, on the other hand, constitutes a violation of the rules of the road in NH and may justify a stop.
Answered on Feb 17th, 2012 at 1:15 PM