Can you get a DUI on private property in California?

Under California law, you can still be arrested for DUI on private property. Driving a vehicle on a California public street or highway under the influence of alcohol, drugs, or a combination of both can trigger your arrest and prosecution for DUI under Vehicle Code Section 23152.

Can you be charged with DUI on private property?

The Issue of Private Property DUIs You are not immune from being pulled over or arrested regardless of whether or not you were on private property at the time of your alleged DUI. You can get a DUI in a parking lot or your driveway just as easily as a public highway.

Can you be arrested for being drunk on your own property?

The only limit the law places on this discretion is that the intoxicated person must be “in a place to which the public has access”. Clearly, a private residence is not a place to which the public has access, and therefore, police do not have a right to detain you for being drunk in your own home.

Can a DUI be dismissed in CA?

Even a first offense DUI in California is considered to be a serious matter. If any of the evidence can be shown as invalid or errors made during your California DUI arrest can be proven, the DUI charges against you will be dismissed or reduced in most circumstances.

Is it illegal to drink drive on a private road?

If you drive on a road that is considered ‘private’ whilst intoxicated, technically speaking no offence has been committed. However, as with many things in life, the law is not as simple as it seems.

Can you drink and drive on private property in Texas?

If you are on private property, you cannot get convicted of driving while intoxicated. You must be in a public place or road. The law requires it be a public place. If you are on private property, you cannot get convicted of driving while intoxicated.

Can I drink alcohol on my front porch?

Yes. In most cities in CA the laws usually prohibit drinking in public. Meaning drinking in view of passer byes. So, unless you have a fence tall enough to block you from view from the street/sidewalk, it is likely not legal to consume alcohol in your front yard.

Do you lose your license for first DUI in CA?

A court conviction for a first-time DUI in California automatically triggers a six-month license suspension pursuant to Vehicle Code 13352(a)(1). A Judge, however, does not impose this suspension. Instead, upon your conviction, the court notifies the DMV and the DMV imposes the suspension.

Can police go on private roads?

Most courts hold that private roads and parking lots do not meet the definition of “a street or highway” and, as such, do not fall under the jurisdiction of the local police force. This is because the road/parking lot is not generally considered to be open to the public for vehicular traffic use.

Can you get a DUI in a parking lot?

DUI arrests often occur when a law enforcement officer observes the driver displaying signs of impairment, such as swerving between lanes or driving much slower than the posted speed limit. However, there could be circumstantial evidence that shows you were driving or planned to drive a vehicle if you are stopped in a parking lot in Orange County.

Can you get a DUI on a public road in California?

Driving a vehicle on a California public street or highway under the influence of alcohol, drugs, or a combination of both can trigger your arrest and prosecution for DUI under Vehicle Code Section 23152. Most people know this. However, you may be surprised to know that you can still be cited for DUI even if you are not on a public road.

Can a drunk driver be arrested in a private parking lot?

The root of the law is that no driver should place others at risk when driving intoxicated, so any public roadway used by a drunk driver is legal grounds for arrest. Any area that is designated as private or does not have public access could potentially be a “loophole” for DUI arrests, including: Private parking lots.