A common misconception is that DUI laws only apply to public roads and highways. However, Arizona’s DUI statutes are broad and apply in scenarios many would not expect.
Even if you are on your own property, driving under the influence can lead to serious charges. Whether you are in your driveway, on farmland, or attending a private event, you could still face consequences under Arizona law.
Attorney Arja Shah of Shah Law Firm, with nearly 20 years of experience and over 3,000 successful cases, has built a reputation for helping clients overcome these challenges with expert DUI defense.
This article will cover the following subtopics:
- What Does Arizona Law Say About DUIs on Private Property?
- Can You Be Charged With a DUI on Private Property?
- What Are the Penalties for a DUI on Private Property?
- Legal Defenses for DUI Charges on Private Property in Arizona
- How Arizona DUI Laws Impact Different Types of Private Property
- What Should You Do If You’re Facing DUI Charges?
- Contact DUI Defense Attorney Arja Shah
What Does Arizona Law Say About DUIs on Private Property?
Arizona’s DUI statute, ARS § 28-1381, makes it unlawful for a person to drive or be in actual physical control of a vehicle while impaired by alcohol, drugs, or other intoxicating substances.
Notably, the law does not specify that the offense must occur on public roads. Instead, it applies broadly to locations accessible to the public and even certain private areas.
Key Points of ARS § 28-1381:
- Driving Under the Influence applies to locations where the public may have access, such as shared parking lots, driveways, and community roads.
- In some cases, even private property not easily accessible to the public may lead to charges if there’s a safety concern.
- Arizona courts have upheld that DUI laws can apply to both public and private property.
How Arizona Defines “Accessible to the Public”
The law focuses on whether a location is publicly accessible rather than strictly public. For example:
- Parking Lots: Considered publicly accessible because members of the public commonly use them.
- Shared Driveways or Community Streets: These areas may also fall under the statute if they are open to residents or visitors.
- Secluded Land: Completely private areas may not meet this definition, but each case is unique and depends on its specific facts.
Can You Be Charged With a DUI on Private Property?
It is entirely possible to be charged with a DUI even if you are not on a public road. Arizona law prioritizes public safety, meaning impairment can lead to charges wherever a risk exists, even in private settings.
Examples of DUI Charges on Private Property:
- Driveways: Even if you never enter the street, operating a vehicle while impaired in your driveway can result in a DUI.
- Private Events: Moving your vehicle on a private lot during a gathering, such as a wedding, could lead to charges if intoxicated.
- Golf Carts or ATVs: Using motorized vehicles while under the influence on private or recreational property can still lead to legal consequences.
The Role of “Actual Physical Control” in DUI Cases
One critical factor in DUI cases is whether you were in actual physical control of the vehicle. Arizona law considers several elements:
- Was the vehicle running or the keys in the ignition?
- Were you in the driver’s seat?
- Could you readily operate the vehicle?
Even if the vehicle isn’t moving, being in a position to drive while intoxicated can be enough to face DUI charges.
What Are the Penalties for a DUI on Private Property?
Arizona has some of the strictest DUI penalties in the country. Whether the incident occurs on a public roadway or private property in Arizona, the consequences are severe. Penalties increase based on prior offenses, BAC levels, and whether the DUI is categorized as extreme or aggravated.
Standard DUI Penalties:
- First Offense:
- Minimum 10 days jail time, with the possibility of reducing this to one day by completing alcohol education programs.
- Fines starting at $1,500.
- Installation of an ignition interlock device for at least 12 months.
- Second Offense:
- At least 90 days in jail.
- Fines exceeding $3,000.
- License suspension for one year.
Penalties for Extreme and Aggravated DUI:
- Extreme DUI (BAC of 0.15% or Higher):
- Minimum 30 days in jail and substantial fines.
- Aggravated DUI (Repeat Offense or Suspended License):
- Felony charges, which may include years in prison and significant financial penalties.
Even on private property, these penalties apply if convicted.
Legal Defenses for DUI Charges on Private Property in Arizona
If you are facing DUI charges, understanding your rights and building a solid defense is critical. Arizona law offers various defenses depending on the facts of your case and the circumstances surrounding the arrest.
Common DUI Defenses:
- Challenging “Actual Physical Control”: If you were not actively operating the vehicle and had no intention to drive, your lawyer may argue that you lacked control of the vehicle.
- Lack of Jurisdiction: If the DUI occurred on private land that is not publicly accessible, your lawyer may challenge the officer’s authority to enforce the law.
- Improper Testing Procedures: Faulty field sobriety tests, improperly calibrated breathalyzers, or mishandling of chemical test results can weaken the prosecution’s case.
- No Probable Cause for Arrest: If the officer lacked valid grounds to conduct a traffic stop or investigate, evidence obtained during the encounter may be inadmissible in court.
How an Experienced DUI Defense Lawyer Can Help
Hiring an experienced DUI lawyer is essential to protect your rights and challenge the evidence against you. A skilled attorney can:
- Evaluate whether your rights were violated during the arrest.
- Negotiate with prosecutors to reduce or dismiss charges.
- Prepare a strong defense to present before a judge or jury.
How Arizona DUI Laws Impact Different Types of Private Property
Understanding how DUI laws apply to private property in Arizona helps clarify the risks involved. Whether the property is a shared space or entirely secluded, the law may still come into play depending on the circumstances.
Types of Private Property Where DUI Charges May Arise:
- Shared Spaces: Parking lots, apartment complex driveways, and community roads are frequently considered public under Arizona DUI statutes.
- Recreational Property: Golf courses or off-road vehicle trails may also qualify, especially if accessible to other users.
- Secluded Land: Completely private areas may not always trigger DUI enforcement, but this depends on the level of public access and perceived risk.
Risks of Driving Under the Influence on Private Property
Even on private land, intoxicated driving can pose risks, such as:
- Endangering others who are on the property.
- Damaging property or causing accidents.
- Encountering law enforcement responding to other calls.
The best way to avoid getting a DUI is to avoid driving at all after consuming alcohol or drugs.
What Should You Do If You’re Facing DUI Charges?
If you are charged with a DUI, it’s crucial to take the situation seriously and act quickly to protect your rights. Arizona courts handle DUI cases aggressively, and the penalties can affect your personal and professional life for years to come.
Steps to Take After a DUI Arrest:
- Comply With the Officer’s Requests: Cooperate during the traffic stop and avoid escalating the situation. Refusing chemical tests can result in license suspension under Arizona’s implied consent laws.
- Contact an Experienced Lawyer: A DUI defense lawyer can guide you through the legal process and identify potential defenses.
- Prepare for Your Case: Gather any evidence, such as witness statements or video footage, that could help your defense.
Contact DUI Defense Attorney Arja Shah
With nearly 20 years of experience and over 3,000 successful cases, she is a trusted advocate for drivers seeking to protect their records and financial stability.
If you’re facing a DUI charge, don’t let it define your future. Contact Shah Law Firm today at (602) 560-7408 to learn how Attorney Shah can help you fight your case and secure the best possible outcome.
