Can I Be Charged with DUI in Florida If I Was Driving on Private Property?

Why a DUI Arrest on Private Property Still Demands an Aggressive Defense—and a Skilled Private Attorney on Your Side

Most people assume that a DUI charge only applies if you're pulled over on a public roadway. That assumption is risky and, frankly, incorrect. I've represented many individuals who were shocked to find themselves facing DUI charges even though they weren't on a public road. Maybe they were behind the wheel in their own driveway, in a gated neighborhood, or even on farmland.

Let me be clear: under Florida law, you can be arrested for DUI on private property. And it happens more often than you might think. That's why having a private attorney who understands the details of Florida DUI laws is so important. Not every case is black and white—and not every piece of private property offers legal protection from a DUI arrest.

How Florida Law Defines DUI and What "Private Property" Really Means

Under Florida Statute 316.193, a person is guilty of DUI if they are driving or in actual physical control of a vehicle while under the influence of alcohol or drugs to the extent that their normal faculties are impaired or if their BAC is .08 or higher. Notice there's no mention of the road needing to be public.

I've handled DUI cases involving all kinds of locations—parking lots, apartment complexes, dirt driveways, and ranches. The truth is that the law applies anywhere a vehicle can be operated. Some property owners believe their land gives them immunity. It doesn't.

Florida courts have ruled that DUI laws apply on private property if the area is accessible to the public or if the officer had lawful grounds to investigate based on reasonable suspicion or probable cause. Even if you're on land you own, if the area is not closed off to public access, you may be subject to the same DUI laws as someone driving on a public highway.

This is where having a private attorney makes a difference. I've challenged the legality of the officer's presence on private land, questioned whether the area was truly open to the public, and dissected every detail in the arrest report. You need someone who will do more than check boxes—you need someone who will fight back.

Common Places Where DUI Arrests Happen Off Public Roads

You might be surprised how often people are arrested for DUI while on private property. Here are a few situations I've seen first-hand:

• Someone calls the police on a neighbor doing donuts in a private driveway.
• A person is parked outside a convenience store but isn't actively driving.
• Someone is backing out of a private residential garage while impaired.
• A golf cart is driven while intoxicated around a private resort.

Yes, even a golf cart can get you charged.

One of the biggest misunderstandings I hear from clients is, "But I wasn't even on the road." That may be true—but it may not protect you. If there's any question of whether the public can access the area or whether the officer had legal grounds to investigate, the door is open for prosecution. That's why you need a private attorney who knows how to dismantle the state's assumptions.

What the Courts Have Said About DUI on Private Property

Florida courts have weighed in on this issue in several cases. Judges have consistently found that DUI laws apply even on private property, especially if that property is open to the public in any way. That includes business parking lots, apartment complex roads, and even driveways if they're not gated or blocked off.

I've studied these decisions closely in defending my clients. One example is State v. Tucker, where a driver was arrested in a parking lot that wasn't fenced or posted with no-trespassing signs. The court sided with the prosecution. The key factor? The public could enter the lot without restriction.

That doesn't mean all hope is lost. If we can show that your situation was different—that you were on land that was clearly restricted or that the officer lacked a legal reason to enter the property—we may be able to suppress the evidence or even get the case dismissed. But that takes strategy, legal knowledge, and persistence—exactly what you get with a private attorney.

What "Actual Physical Control" Really Means

In Florida, you don't have to be driving to be charged with DUI. If you're in the driver's seat, with the keys nearby, and the vehicle is capable of being operated, you could be considered in "actual physical control." That's a legal term that gives prosecutors a lot of room.

I've represented clients who were simply sleeping off a night of drinking in the driver's seat. They never intended to drive—but the keys were in the ignition, or in their lap, or even in the cupholder. That alone was enough for an arrest.

This is another reason a private attorney is critical. I focus on the specifics: Were the keys in the ignition? Was the engine on? Could the vehicle even move? Every detail counts. And if the officer assumed you were in control without enough evidence, that could be a serious flaw in the state's case.

How the Officer Got In Matters—Especially on Private Property

Sometimes, the arrest itself may be challenged based on how the officer entered private property. If law enforcement didn't have a valid reason to be there—no 911 call, no visible signs of impairment, no legal right of access—then your constitutional rights might have been violated.

I take these issues seriously. Did the officer have permission to enter? Was there implied access or did they cross onto a truly private space without a warrant? If the stop or entry was unlawful, any evidence collected afterward might be thrown out.

These are the kinds of legal arguments that don't come from public defenders or from trying to go it alone. A private attorney can step in early, preserve your rights, and stop things before they spiral.

Penalties for DUI in Florida—Public or Private, They're the Same

Whether the DUI occurred on a public road or your own driveway, the penalties are identical. Under Florida law, even a first offense can result in:

• Fines between $500 and $1,000
• Up to six months in jail
• License suspension
• Probation
• Community service
• DUI school
• Installation of an ignition interlock device

And if you've had previous DUI convictions or if someone was injured, the consequences increase drastically.

Don't assume that being on private property makes the charge less serious. The law doesn't care where the vehicle was—only that you were impaired and behind the wheel. That's why hiring a private attorney is critical. We don't just explain the law—we fight back against it when the state overreaches.

How a Private DUI Attorney Can Help You

I've spent years handling DUI cases throughout Florida. And I can tell you from experience—every DUI charge is unique. The location matters. The facts matter. The officer's report matters. But none of that helps unless someone is willing to dig in and challenge the state.

Here's what I do for my clients:

• Review every detail of how and why the officer entered private property
• Investigate whether the area was truly open to the public
• Examine whether you were in actual control of the vehicle
• Challenge any statements or tests obtained without proper legal grounds
• Fight for motions to suppress key evidence
• Work to have the charges reduced or dismissed entirely

This isn't a time to take chances. A DUI conviction can affect your career, your insurance, your driving privileges, and your reputation. With a private attorney, you get someone who is fully invested in your defense—not juggling hundreds of cases or rushing through hearings.

You Don't Have to Face a DUI Charge Alone

If you were arrested for DUI on private property, the first step is understanding that your situation is serious. The second step is getting someone who will fight for your future. The law doesn't treat you differently just because you weren't on a public road—but with the right defense, you may have options.

You don't have to accept what the officer wrote down. You don't have to accept the prosecution's version of events. And you don't have to face this alone.

Call Musca Law today and let us get to work on your case.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – DUI on Private Property in Florida 

Can the police arrest me for DUI in my own driveway?

Yes, they can—depending on the circumstances. Florida law allows DUI charges on private property if the officer had a legal reason to enter and if they observed signs of impairment. If your driveway is easily accessible and there's no barrier, the officer may claim the right to investigate. That said, I've seen cases where this gets challenged. A private attorney can explore whether your driveway was considered private in the legal sense, and whether the officer had a right to be there in the first place.

I wasn't driving—I was just sitting in my car. Can I still be charged with DUI?

Possibly. Florida courts have upheld DUI charges against people who were not actively driving but were in actual physical control of the vehicle. If the keys were within reach and the car was capable of being started, the officer might argue you were in control. I've defended people in this exact situation. Sometimes we can argue you were just resting, or that you had no intention to drive. These cases are fact-specific, and a private attorney can make all the difference.

Does private property ever protect me from DUI charges?

It can, but it's not guaranteed. If the property is clearly restricted from public access—like a fenced yard with a locked gate—that could be a valid defense. Florida law looks at whether the public could reasonably access the area. The more isolated and secured the location, the stronger your case might be. I've helped clients get charges dismissed by proving the area wasn't open to public travel.

Can I refuse to do field sobriety tests on private property?

Yes, you can legally refuse field sobriety tests, even on private property. These tests are voluntary under Florida law. However, refusing might increase the officer's suspicion, and they might proceed with a DUI arrest anyway. The key is whether there was enough probable cause before or after the refusal. A private attorney can review whether the officer had grounds to arrest and whether the refusal was held against you improperly.

Will my license be suspended for a DUI on private property?

Yes. If you're convicted of DUI, your license will be suspended just as if the arrest occurred on a public road. The penalties under Florida law do not change based on the location. That's why you need to fight the charge early—ideally before your arraignment. I regularly help clients schedule a formal review hearing to challenge the license suspension before it becomes final.

Should I get a private attorney even if I plan to plead guilty?

Absolutely. Even if you believe the case is strong against you, a private attorney can still negotiate better outcomes—like reduced charges, lower fines, or no jail time. We can also challenge parts of the case that may seem solid but have legal weaknesses. Never assume there's no hope until you've spoken to someone who can take a close look at the facts.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.