A DUI Arrest on Private Property

DUI or driving under the influence is against the law in all states in the United States. There are, however, some states have different laws when it comes a DUI arrest on private property versus the same type of arrest on public property. Knowing the laws that are specific to your state and area is essential if you have been charged with this offense.

Private Property

By definition private property is property that is not owned by a public entity, usually the federal, state or local government or some subsidiary. Private property can include:

• Shopping center parking lots and roadways
• Roads in private developments and communities
• Golf courses and parking lots
• Bar, club or restaurant parking lots
• Private roads on acreages or farms
• ATV or dirt bike trails on privately owned property
• Stadium and sports facility parking lots that are privately owned
• Private driveways

In many states private property that is in immediate control of the owner cannot be accessed by the police for a DUI arrest unless the owner gives consent. This can be a cloudy issue if the owner is not in immediate control of the property. This literally means that the owner is aware of what is occurring at the time. If it is private property that is regularly accessed by the public without specific consent by the owner it may not be considered to be in the owners immediate control.

DUI Arrests on Private Property

One of the key elements of a DUI arrest on private property is whether or not the individual arrested was actually in control of the vehicle at the time of the arrest. This usually means the keys were in the ignition or the vehicle was in motion when the police arrived. If the police followed the driver from a public roadway to private property this is less ambiguous, but drivers only on private property may have a strong case based on state DUI arrest laws.

Seek Legal Help

Since a DUI arrest on private property can be handled differently as a defense, it is essential to seek legal counsel as soon as the arrest has occurred. In some cases it may be possible to have the case dismissed if the police entered the private property without the consent of the owner. In other cases your attorney can present evidence to have the charges reduced or even modified to an alternative charge based on the specific facts of the use of the property and the way in which the arrest occurred.