Yes, if yo operate a vehicle in a place open to the public. Driveways, parking lots all count. The only question would be gated areas not accessible to the public.

Answer Applies to: Michigan
Replied: 11/20/2010

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I am afraid it is not a defense. If you were only being charged with being drunk in public then this would matter. But whether or not you're in public is not an element of driving under the influence.

Answer Applies to: California
Replied: 11/19/2010

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Yes. Just because you are on private property does not exonerate you from criminal liability. Otherwise, persons could have drugs, guns, and engage in all kinds of illegal activities on their private property, and not face liability. The DWI is designed to protect citizens from being injured by a drunk person behind the wheel of a car. This appears to be what occurred.

Answer Applies to: New York
Replied: 11/18/2010

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A few years ago it would not have been possible, but the law has been changed and now the cases are prosecuted. For more information or to retain our services call

Answer Applies to: California
Replied: 11/18/2010

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Depends on: (1)what the DUI statute in your state says; (2) how case law interprets that statute; and (3) what your attorney can argue to a prosecutor, judge or jury.

Answer Applies to: Georgia
Replied: 11/17/2010

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Yes, even if you were on private property they can charge you with a DUI.

Answer Applies to: California
Replied: 10/7/2010

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Minnesota DWI laws make no distinction between public and private roadways. As a result, a person may be charged for operating a motor vehicle on their own property or the property of a private business.

Answer Applies to: Minnesota
Replied: 10/7/2010

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You must be operating a motor vehicle on a highway or on premises to which the public has access to be properly charged with a DUI. Thus, unless your friend allows the general public access to that property or the portion of that property where the accident occurred (i.e. an easement), then you cannot be charged with DUI. Call me for a free consultation.

Answer Applies to: Nevada
Replied: 10/7/2010

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In Colorado a driver can be charged with DUIeven on private property. Talk to a knowledgeable attorney about your rights.

Answer Applies to: Colorado
Replied: 10/7/2010

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Unfortunately, I do not think it matters that you were on private property. The question is whether you were driving.

Answer Applies to: California
Replied: 10/7/2010

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The modern trend in most states is to no longer distinguish between public and private roadways for OWI purposes. It is not safe to assume that just because you are on private property, you are immune from an OWI arrest or conviction. I would need more information to specifically address your question. This is for informational purposes and should not be construed as legal advice. I recommend contacting a local experienced OWI attorney. Good luck!

Answer Applies to: Wisconsin
Replied: 10/7/2010

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It has to be a public highway,you may be able to have the charges dismissed, call me if you need an attorney John Carney

Answer Applies to: New York
Replied: 10/6/2010

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Yes, they can, as long as they can prove movement of the vehicle. But this type of case is usually easier to defend, since no actual bad driving was observed by a police officer. You need a good DUI lawyer to present your case to the prosecutor in a way that justifies a dismissal/reduction of charge.

Answer Applies to: California
Replied: 10/6/2010

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Yes.The police can arrest you and you can be charged with a DUI on private property as well as on public property. As long as you are intoxicated and in control of your vehicle, private property does not matter. Best Regards,

Answer Applies to: California
Replied: 10/6/2010

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In California the answer is yes. The statute merely reads that it is illegal for a person under the influence to drive a vehicle. There is no longer any reference to public street or highway. It does not even have to be a "motor" vehicle. You could be charged for drunk bicycling. Additionally, you have the accident which falls under VC 23153.

Answer Applies to: California
Replied: 10/6/2010

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Yes but they cannot request that you take the breathe test.

Answer Applies to: Louisiana
Replied: 10/6/2010

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Yes, you can be arrested for a DUI on private property even if you were invited there. You would most likely be OK if you had not caused an accident. It would be like being invited into a home and killing a other guest and being arrested for murder.

Contact me for a free consultation to discuss your defenses and options.

Answer Applies to: California
Replied: 8/26/2010

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Yes. You can be charged with DUI on private property. You need an attorney immediately.

Answer Applies to: California
Replied: 8/25/2010

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You can get a DUI while operating a motor vehicle on private property.

Answer Applies to: California
Replied: 8/25/2010

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Yes, you can receive a DUI even if you were on private property.

Answer Applies to: California
Replied: 8/25/2010

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Can they? They already did. You were driving, hit a car and caused damage while under the influence. You should not be surprised to be arrested, any more than if it happened in the Wal-Mart private property parking lot with their implied permission to use the lot for parking. You face potential jail, fines, etc. If you are serious about hiring counsel to try to keep you out of jail, and if this is in Southern California, feel free to contact me. You also will likely receive a claim on your insurance by the other driver. If you do not have insurance to cover that, you will have to also hire the attorney to defend that.

Answer Applies to: California
Replied: 8/25/2010

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The simple answer is yes, you can still be charged with a DUI.

Call me if you want to schedule a free consultation and discuss possible representation.

Answer Applies to: California
Replied: 8/25/2010

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Yes you can be charged with DUI. The elements for the DUI are that you were (1) driving; and(2) while under the influence of alcohol/drugs and/or with a .08 percent or higher. Call me for a consultation.

Answer Applies to: California
Replied: 8/25/2010

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DUI is not restricted to a public street or highway. However, there are many factors that may impact the outcome of a particular case.

Legal matters such DUI are very complicated. We recommend that you seek immediate legal representation. A competent criminal defense lawyer can explain small differences in the law or the facts that could dramatically affect your case. Our office is available 24/7 to represent you with any criminal matter.

Answer Applies to: Arizona
Replied: 8/25/2010

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