Driving under the influence (DUI) on public roads is illegal in all 50 states. But state laws generally go further and also prohibit drunk driving on certain or all private properties. Read on for an overview of these laws and examples of the types of private property they cover.
Can I Be Charged with Driving Under the Influence If Driving on Private Property?
In many states, you can be charged with a DUI offense even if you were driving on private property. State laws differ quite a bit on this subject. Below are descriptions of the different types of DUI laws and how they do or don't apply to private property
DUI Laws That Apply Anywhere Within the State
Some states have broadly worded DUI statutes that outlaw driving under the influence anywhere in the state. These statutes make no distinction between driving on public and private property, and courts often find they apply to both. For example, Mississippi’s DUI law says it’s unlawful to drive under the influence “within this state.” Kentucky law similarly states that drunk driving is illegal “anywhere in this state.”
Courts in other states—including Georgia and Kansas—have interpreted statutes that prohibit driving under the influence on “highways and elsewhere throughout the state” as applying to private property anywhere in the state.
So, drivers in states with these broadly worded laws can get a DUI regardless of whether they were driving on public or private property.
DUI Laws That Apply to Only Public Places
If a state’s DUI law only prohibits DUI in a public place, does it mean it’s okay to drive on private property while under the influence? Not necessarily.
Texas law, for example, says it’s illegal to drive “in a public place” while intoxicated. Dig a little deeper, though, and you’ll find a separate law that defines “public place.” This law says a public place is “any place to which the public or a substantial group of the public has access.” The definition includes streets, highways, and “common areas” of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. So the Texas definition of “public place” includes lots of private properties.
Talk to a Qualified DUI Lawyer
Because the laws of each state are different, it's important to talk to an attorney in your area who knows the law. A qualified DUI attorney can explain how the law applies in your case and help you decide on how best to handle your situation.
Other states—including Michigan and Idaho—have DUI laws that explicitly say drunk driving is illegal anywhere that’s “open to the general public.” Like in Texas, the question in these states is whether the public has access to a certain location. If so, chances are DUI is prohibited there.