{"id":355386,"date":"2025-07-11T14:41:31","date_gmt":"2025-07-11T19:41:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/?page_id=355386"},"modified":"2025-07-11T16:17:00","modified_gmt":"2025-07-11T21:17:00","slug":"can-you-get-a-dui-on-private-property","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/charges\/can-you-get-a-dui-on-private-property.html","title":{"rendered":"Can You Get a DUI on Private Property?"},"content":{"rendered":"\n\n\n\n\n
\n

Can You Get a DUI on Private Property?<\/h1>\n\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n

Yes, you can get a DUI on private property in some states where the DUI laws don\u2019t require impaired driving to occur on public roads. DUI laws can also apply to privately owned land that’s accessible to the public, such as parking lots, golf courses, or commercial premises. The penalties for private property DUI are the same as regular DUI convictions, including jail time, fines, and license suspension.<\/p>\n\n <\/div>\n\n\n\n

If you\u2019ve been driving for a few years, you should be familiar with your state\u2019s DUI<\/span> laws<\/span>. However, even the most experienced drivers may not know whether law enforcement<\/span> can arrest them for private property<\/span> DUI<\/span>.<\/p>\n

Every state\u2019s DUI<\/span> statutes<\/span><\/a> are different, but there is a chance that you can be guilty of DUI<\/span> even if you\u2019re driving on private property<\/span>. Of course, the easiest way to avoid a DUI<\/span> conviction is not to drive while under the influence of alcohol<\/span> or drugs.<\/p>\n

Here, we\u2019ll explain whether the police can arrest and charge a person with DUI<\/span><\/a> if they\u2019re not on a public roadway<\/span> and how the law defines public property<\/span> for purposes of DUI<\/span>.<\/p>\n

If you\u2019re facing DUI<\/span> charges<\/span>, contact a local DUI<\/span> defense<\/span> attorney<\/span><\/a> for help. They can assist you throughout the process, including working with prosecutors on reducing charges or crafting a plea bargain.<\/p>\n

Can I Drive Drunk on My Own Property?<\/h2>\n

Some people might assume they\u2019re safe if they\u2019re only driving around their private residence<\/span>. Or they may think the police can\u2019t stop them for DUI<\/span> if they\u2019re on private land<\/span>.<\/p>\n

Unfortunately, that isn\u2019t the case. A person can still threaten public safety<\/span><\/a>, even while on their own property<\/span>. Being the owner of the property doesn’t affect whether the DUI laws would apply.\u00a0<\/p>\n

Most DUI<\/span> Laws<\/span> Prohibit Drunk Driving<\/span> on Public Roads<\/span><\/h2>\n

Generally, DUI<\/span> laws<\/span><\/a> in the United States prohibit a person from operating a motor vehicle<\/span> while under the influence of alcohol<\/span> or drugs. Some states explicitly limit DUI<\/span> to public roadways<\/span> or \u201cpublic ways.\u201d But many DUI<\/span> statutes<\/span> do not specify that a person must be on a public street<\/span> at the time of their DUI<\/span> arrest<\/span><\/a>. They simply indicate that a person will face criminal charges if police catch them driving drunk.<\/p>\n

California law, for example, does not state that a person must be on a public roadway<\/span> to be guilty of drunk driving<\/span>. Specifically, California\u2019s Vehicle Code Section 23152<\/a> makes it unlawful for a person to:<\/p>\n