As the top Clearwater DUI lawyer, a common misconception we see is that being on private property exempts drivers from DUI laws. However, under Florida law, you can still potentially face DUI charges even if you were not on a public road.
DUI Laws in Florida
Florida DUI law applies broadly to any area accessible to motor vehicles, and it includes private property. This means that you technically can be charged with a DUI even if the incident occurs in a location that is not a public roadway, as long as the officer determines you were in ‘actual physical control’ of the vehicle while impaired.
Working with one of the best DWI attorneys in Clearwater can help you gain confidence in your case, especially if you were wrongly charged with a DUI.
Common Scenarios on Private Property
There are several common scenarios where individuals might face DUI charges on private property. These include:
Residential Driveways
If you were parked in your driveway while sitting behind the wheel, with the engine running, while impaired, you could still face charges. Being in control of the vehicle, even if you did not intend to drive at all, can meet the criteria for a DUI.
Parking Lots
Parking lots, even when privately owned, are considered accessible to the public. An impaired driver in a parking lot can still be charged if the officer says that they observed signs of intoxication.
Private Roads
Roads within gated communities or privately owned areas can also fall under these strict DUI laws if they are open for vehicular traffic and accessible to others.
Defenses for DUI on Private Property
To be charged with a DUI, the state must prove you were in actual physical control of the vehicle. If you were not in the driver’s seat or the car was not operational, this defense could potentially be used. Additionally, If the officer lacked probable cause to approach you or conduct a DUI investigation, it may be possible to challenge the charges.
While DUI laws can extend to cover private property, specific circumstances or technicalities could impact whether the statute applies in your case. In any event, the top Clearwater DUI lawyer with The Law Office of Timothy Sullivan are prepared to thoroughly analyze the details of your situation to determine the best defense strategy.
Don’t Lose Hope if You Were Charged With a DUI on Private Property
Being charged with a DUI on private property in Florida is not only possible but also increasingly common. However, our dedicated Clearwater DUI Defense Team has found that such cases can be ideal for seeking a reduction to Reckless Driving or a dismissal.
We are here for you. To schedule your complimentary DUI case consultation with the best DWI attorneys in Clearwater, call The Law Office of Timothy Sullivan at (727) 291-9717.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.