Can I get a DUI while driving on private property?

Question

While going to get my US Mail at 11pm at my Condo complex, I found a man staring into my car.  I asked him what are you doing?  I called 911 and took pictures of his motorcycle and license plate.  Waited for Police to arrive.  Told the police what happened, he asked me if I had been drinking I said, 'NO'.  He asked me to do a field Sobriety check, 'I politely said NO, thank you'.  He then put me under arrest and at the police station, took a blood test of .09 bac.

Michael Palumbo · Answer

Yes you can catch a DWI on private property.

Jules N. Fiani · Answer

Yes.

Geoffrey MacLaren Yaryan · Answer

It would have to be proven that you drove your car immediately before the police arrived. If you didn't admit that and no one saw you drive then  there would be insufficient proof. You can be convicted of a dui if you drove  on private property.

James Albert Bordonaro · Answer

You may have a very good case.  Good for you that you didn't talk to the cops.  The cop would have to have had some probable cause to believe you had recently been out driving on the public's streets.  Beyond that, he had to have some objective indications of your intoxication such as slurred speech or blood shot eyes.  Without the field sobriety checks this is difficult to establish.  The police report will be quite relevant.  Also, did he wait the proper time (usually 20 minutes) before giving the breathalyzer and was the test done twice?  Your bigger problem may be that the division of motor vehicles may still seek to suspend your license and the law may be more lax in finding intoxication even if the officer violated your rights.

Christopher McCann · Answer

You can get a DUI on private property. However, it is not clear from your question whether you were actually driving! They need to have proof of actual volitional movement of your vehicle and when the driving occurred, to have any chance of proving a case against you. Hopefully you did not admit to driving. You need to call a lawyer who focuses on DUI right away. You have only 10 days from your arrest to contact the DMV to schedule a hearing.

Michael J. Breczinski · Answer

Yes you can if it was an area open to the public which is what it sounds like. You need an attorney.

Kevin O'Grady · Answer

Technically, there is a question of whether the road is a public road if it is open to the public or it is a private road.  Apart from knowing anything else, there is at least a possible defense with regard to the character of the road.  If you want to fight the case, and not just plead out, hire an attorney that will fight for you.

Mark Arneson · Answer

Under Minnesota Law, you can be charged with a DWI even if you are driving on private property. However, the facts in your case are very suspect, unless you actually told the officer you were driving. This is something you should fight.

Michael Garber · Answer

You can be ticketed for DWI on private property, but there must be evidence that you were operating the vehicle while under the influence in order to prosecute/convict you of DWI.

Jason Savela · Answer

DUI can be anywhere in state, including private property.    How do the police establish that you were driving?

Samuel H. Harrison · Answer

Yes, you can be charged with DUI when driving on private property.

Craig Elhart · Answer

Yes, you can get a OWI while driving on private property as long as it is a place open to the operation of motor vehicles.  Another example would be a store parking lot.

Kenneth Hallum · Answer

DUI applies to private and public property. There a appears to be a possible issue with "driving." It does not sound like the officer witnessed you drive. It would be prudent to consult a DUI lawyer, to explore defenses to both the driving, and blood alcohol at the time of the unknown driving.

Louis Leibowitz · Answer

Yes, you can be convicted DUI while driving on private property. It sounds like there may be other issues in your case. You should contact a lawyer to prepare a proper defense.

Cynthia Henley · Answer

Is it in an area open to the public? If so, they you can be prosecuted for DWI there. You need to hire a lawyer ASAP.

Dennis Roberts · Answer

No, but you can be charged with being drunk in public.

Eric Sterkenburg · Answer

It is possible to get a DUI in a condo complex parking lot or roads. When you applied for and received your license you agreed to submit to a BAC test if asked by an officer. If you refuse the take the test when asked you may lose your license for a year. The fact that it was you that called 911 has no bearing on the DUI arrest. It may be possible that you have a defense against the BAC reading. You need to consult with an attorney for help.

Jared Altman · Answer

From what I see you were not operating the vehicle so the charge can't stick.

Edward Blum · Answer

Yes, you can. It doesn't matter if you'd been driving on private or public property.  However, you do need to have been observed driving.

Mark R. Thiessen · Answer

No, you cannot get arrested on private property.  However, common places of apartment complexes are not private places.

Thomas Mueller · Answer

Yes you can. The law was changed about 25 years ago to make DUI on private  property equally serious. There may be an issue here as to whether the police  officer had a legal right to arrest you. That issue can be raised by a motion to  suppress the evidence.

Bruce Yerman · Answer

See Section 1192(7) of the Vehicle and Traffic Law:  The provisions of this section[, which concern operating a motor vehicle while under the influence of alcohol or drugs,] shall apply upon public highways, private roads open to motor vehicle traffic and *any other parking lot*. For the purposes of this section *"parking lot" shall mean any area or areas of private property, including a driveway, near or contiguous to and provided in connection with premises and used as a means of access to and egress from a public highway to such premises and having a capacity for the parking of four or more motor vehicles*.  The provisions of this section shall not apply to any area or areas of private property comprising all or part of property on which is situated a one or two family residence.  (Emphasis added.)

Timothy Klisz · Answer

Yes, this is a valid charge.

Jeff Yeh · Answer

Yes you can. Private or public property is irrelevant. However, with a 0.09, you do have a very decent case, especially when you were smart enough to have refused the FST's. Contact a DUI specialist, and do it soon because you have only 10 days to save your license.

Jeffrey Pollock · Answer

I doubt that the road you were on is "private" such that the police would have no jurisdiction, so the answer would be "Yes."

Janice Alfred · Answer

I do not believe the charge has anything to do with where you were driving but were you driving while under the influence of alcohol.  My question is, did the police actually see you drive the car?  My advice is to consult with a DUI attorney to see if you may have a viable defense to the charge.

Thomas Tomko · Answer

Based on the facts  you present, you have a defense in your case which could result in a dismissal of your case.  However, it is not automatic, and may have to be accomplished through a trial and the jury would need to believe your presentation of the facts.  Without a witness seeing you drive, and without you admitting that you were driving, there is little to show that you were driving a vehicle in this case.

Matthew McHenry · Answer

Technically no-one of the elements of a DUII charge is that the vehicle be operated on a public highway or a place that the public has access to.  That being said, you could be charged with "Attempted DUII," a charge the Oregon Court of Appeals recently confirmed is valid.  The state may try to prove that even though you were on private property at the time, you intended to drive onto public property.  Not saying the state would win, but it is something to be aware of.

Stephen Dempsey · Answer

Yes you can. But your story sounds like you may have some defenses that an experience DUI attorney could evaluate and perhaps defend your case.

Todd Landgren · Answer

Yes, no exception to private property. However, your case is VERY defensible!

Gabriel Dorman · Answer

Yes. The fact that you were driving on private property is no defense.

Gary Moore · Answer

You were not driving on property solely owned by you. It is owned by your condo association. It is not your sole, private property. You are probably subject to prosecution on the dui charge.

Matthew Murillo · Answer

Yes, you can be arrest on private property.  However, California requires actual movement of the vehicle in order to convict for a DUI.  If you never drove, and the officer never saw you driving, then you have an excellent case to have the charges reduced or dismissed.  You should contact an attorney immediately.  Also, don't just sit back and do nothing waiting for your court date to come up.  If you fail to request a DMV hearing within the allowed 10 days (from date of arrest), your license will automatically be suspended for a minimum of 4 months.

Jared Austin · Answer

They will somehow have to prove that you were operating a motor vehicle while intoxicated on a public road. If you have been charged with a DUI make sure you retain an experienced DUI attorney to represent you. At least have one review the police report for any errors or problems that could get the charges reduced or dismissed. It is an investment that you will not regret.

Stephen Freeborn · Answer

You don't describe any driving on your part.  A DUI requires driving, or someone to have actually witnessed you driving.  Based upon your facts, I do not see any criminal law violation.

Christopher Hoglin · Answer

To answer your question, YES, you can get a DUI on private property.  Most commercial property owners post signs informing the public that the California Vehicle Code is enforced on their property.  Another issue with the detail in your question though, reveals a great defense to a charge of DUI.  It is not enough that the police prove you were above a 0.08% BAC when they found you.  The District Attorney will have to also prove that you were driving with that BAC level.  According to your story, you were not driving when the police arrived.  They have to be able to prove your BAC was at or above 0.08% at the time of driving.  Unless there are any witnesses to your driving, or you admitted to recent driving just prior to the police arriving, then it will be nearly impossible for the DA to prove you were driving, and thus you should be able to beat the DUI charge.

Kenneth Wincorn · Answer

You have a potentially good defense.  The fact that there is no proof of driving is critical.

John Bussman · Answer

Yes.  DUI has two elements, 1) driving a vehicle, 2) with a BAC of >0.08. There is no requirement that you operated the vehicle on a public road to be found guilty.

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