A common misconception is that a DUI can only happen on a public road, so driving in a parking lot, a private driveway, or on private land is safe. In California that is not the law, and believing it can lead to a serious mistake.
California's DUI law reaches everywhere
California's DUI statute applies to driving anywhere in the state, not just on public highways. Courts have made clear that a DUI can occur in a parking lot, on private property, on a ranch road, or in a driveway. Being off the public road does not provide a defense to the charge itself.
What it does change
While location does not defeat a DUI, it can affect other things. The lawfulness of the stop can look different on private property, where an officer may need a different basis to contact you. Some related charges, and certain traffic-based justifications for the stop, may not apply the same way off the public road. Those distinctions can create defenses even though the DUI law itself reaches private property.
How these cases are defended
The defense focuses on the same core issues as any DUI: whether you actually drove, whether the contact and any detention were lawful, and whether the chemical evidence holds up. The private-property setting often sharpens the questions about how the officer came to contact you in the first place.
Where to start
A parking-lot or private-property DUI is still a DUI, but the setting can open real defenses around the stop. Use the free written case analysis below or call me directly. See also the no-driving defense.