Can you be issued a DUI on private property?

UPDATED: Apr 21, 2011

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Can you be issued a DUI on private property?

My car was just outside the gate, so I move it inside to my carport (I live in a gated apartment complex). There were police there for some other reason, and they smelled liquor on my breath. I was given a breathalyzer and a blood test. and then issued a DUI. Is this considered private property? Can I somehow get out of this ticket? My friends dropped me off in front of my apartment.  Since I was on a private property I thought I should of not be given any ticket.

Asked on April 21, 2011 under Criminal Law, Arizona


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First of all, when your car was outside of the gate that was presumably public property.  The fact that you then drove onto private property makes no difference. A DUI can be lawfully charged.  Most states make it unlawful to be DUI on private property under these circumstances.  Additionally, if you are legally intoxicated and have possession and control of a vehicle, even if you have not left private property, you can be cited for DUI since could drive onto public roads at any time.

However, an experienced DUI attorney in your area may be help you fight this.  Drunk driving offenses comprise a highly technical area of the law and are fact specific.  Your attorney may well be successful in getting the charges dismissed or at least reduced.  Since a DUI triggers both a civil and criminal case,  it's always worth fighting.

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