One of the questions I get asked quite often is simply: "Can I get
a DUI on private property?"
The short answer is "Yes."
California Vehicle Code section 23152 makes it illegal to drive while under the influence without restriction
as to the location of the offense. Originally, the code only covered highway
areas which are open to the public, but over the years the section has
been amended and interpreted by case law to include most areas considered
Here are some examples that are often questioned as to their legality,
but they are all areas where you can be arrested for DUI: mall parking
lots, apartment complexes, driveways, desert areas while off-roading,
private ranch properties, golf courses, etc…
The vehicle code was amended because the Courts have determined that driving
under the influence is extremely dangerous, no matter where it occurs.
Even in the desert where its only bushes and sand dunes, driving while
impaired affects your judgment and can lead to serious consequences. Unexpected
things happen such as drivers/riders, fences, and large rocks suddenly
appearing in your path or mechanical problems. Driving while impaired
has also been shown to slow your reaction time resulting in accidents.
Being on private property doesn't make it less dangerous, but maybe
a little less conspicuous.
At The Law Offices of Jarrod Wilfert, we can help with any DUI situation
whether it occurs on public or private property. We are a firm of former
police officers, led by a former Deputy District Attorney, who know the
ins-and-outs of every conceivable DUI situation because we have been there. For a
FREE consultation with an experienced Ventura County Criminal Defense Attorney, call (805)