DUIs & Private Property

Some drivers believe that California’s DUI laws apply only on public streets and highways. It’s a common misconception—one that can lead to serious criminal charges. In reality, you can be arrested and prosecuted for driving under the influence even if you were driving exclusively on private property, a gated community, or even a private road.

As a California criminal defense attorney, I sometimes meet people who ask if driving exclusively on “private property” is a defense in a prosecution for DUI. My response is always a flat “No. Next question.” Here’s what the Orange County Appellate Department had to say about this issue in 1992:

“Although it does not explicitly say so, Veh. Code, § 23152, subd. (a), prohibits driving under the influence on private property. Veh. Code, § 21001, provides that the provisions of division 11 of the Vehicle Code apply only to the operation of vehicles on the highways, but chapter 12 of division 11 begins with Veh. Code, § 23100, which states that the provisions of "this chapter apply to vehicles upon the highways and elsewhere." Further, Veh. Code, § 23152, subd. (a), is the product of a series of legislative refinements that progressively expanded its applicability, and Pen. Code, former § 367d, which never contained any language restricting the location of the driving, has effectively merged into Veh. Code, § 23152, subd. (a).”

So there you have it. DUIs on “private property” explained. Next question.