Driving under the influence (DUI) is a serious criminal offense in California with strict penalties. But many people wonder: Can you get a DUI on private property in California? The short answer is yes—in some cases, you can.
In this in-depth blog post, we’ll explain everything you need to know about DUI laws in California, how they apply to private property, real-life examples, legal interpretations, and what to do if you’re facing a DUI charge.
Understanding California DUI Laws
Under California Vehicle Code Section 23152(a) and 23152(b), it is unlawful for a person to drive a vehicle:
While under the influence of alcohol, drugs, or both, or
With a Blood Alcohol Content (BAC) of 0.08% or higher (for adult drivers).
Unlike some states, California law doesn’t limit DUI enforcement only to public roads.
What Counts as “Driving” in a DUI Case?
In California, you don’t have to be caught in motion to be charged with DUI. Courts have ruled that “driving” simply requires volitional movement of a vehicle, even a few inches. That means:
If your vehicle is running and you shift it into gear—even on private land—you could be considered to be “driving.”
Even sitting behind the wheel with the keys in the ignition in some circumstances can lead to arrest if the officer believes you were recently driving.
Does Location Matter? Public vs. Private Property
This is where the topic gets interesting.
➤ What is Private Property?
Private property can include:
Your own driveway or backyard
Private parking lots
Gated communities
Ranches, farms, and other privately owned land
Private dirt roads
So, does driving under the influence in these areas count as a DUI offense?
The Law: DUI Enforcement on Private Property
While California Vehicle Code doesn’t specifically require that a DUI must occur on a public road, courts have interpreted the law broadly. California courts have ruled that a DUI can be charged regardless of whether the driving occurred on public or private property, depending on the situation.
Here’s a breakdown:
| Scenario | DUI Charge Possible? | Explanation |
|---|---|---|
| Driving drunk in your own driveway |  Possible | If the vehicle is operable and you moved it |
| Driving in a gated community | Likely | Often considered accessible to the public |
| Driving on a private farm road | Possible | Courts have upheld DUIs in rural areas |
| Driving a golf cart in a private club | Possible | Depends on circumstances |
| Drunk driving on a closed racetrack |  Unlikely | If not accessible to the general public and done in a controlled, legal environment |
Legal Precedents in California
California courts have addressed this issue multiple times. Here are some key rulings:
People v. Malvitz (1992)
The defendant was convicted of DUI for driving on a private driveway. The court ruled that DUI laws apply to private property when the public has access to it.
People v. O’Neil (1976)
This case involved a DUI on a private access road to an oil field. The court upheld the conviction, stating that even privately owned roads can fall under DUI law if they are used for vehicle traffic.
People v. Ravin (Alaska) (Though not binding in California)
This case was influential in legal circles, emphasizing that the right to privacy doesn’t necessarily protect you from DUI charges on private land.
Can Police Enter Private Property for a DUI Investigation?
This depends on several legal factors:
Probable cause: If the police have reason to believe a crime is being committed (e.g., a DUI), they may enter private property under certain conditions.
Hot pursuit: If you are suspected of DUI and flee onto private property, police may follow without a warrant.
Community caretaking exception: Officers may check on your welfare if you’re unconscious or slumped over the wheel in your driveway.
Note: The 4th Amendment protects against unlawful searches, but DUI investigations often fall under exceptions if public safety is involved.
What About Non-Traditional Vehicles?
Many people ask: Can you get a DUI on a golf cart? A dirt bike? An ATV? A lawn mower?
In California, the law applies to any “vehicle”, which is broadly defined. That includes:
Cars, trucks, and motorcycles
Golf carts
Electric scooters
Bicycles (under “cycling under the influence” laws)
ATVs and off-road vehicles
As long as the vehicle is being operated and you’re impaired, you can be charged—even on private land.
Defending Against a DUI on Private Property
Facing a DUI charge that occurred on private property? Here are some potential defenses:
1. Lack of Evidence You Were Driving
If there’s no proof you actually moved the vehicle, a DUI charge may not hold.
2. Improper Police Entry
If officers entered your private property without a warrant or valid exception, evidence may be inadmissible.
3. Vehicle Inoperable
If the vehicle couldn’t move (e.g., flat tire, engine off), you might argue that you weren’t actually “driving.”
4. Private and Restricted Access
If the property was completely private and not accessible to the public, your attorney may challenge the charge.
Summary: Key Takeaways
Yes, you can get a DUI on private property in California under certain conditions.
California DUI laws don’t require that the offense occur on a public road.
Police may enter private property in specific cases, especially when public safety is at risk.
The legal definition of “driving” is broad and includes minor vehicle movement.
Vehicles of all kinds—from cars to golf carts—can result in DUI charges if operated while impaired.
Legal defenses do exist, especially if the property is restricted or there’s a lack of evidence.
What to Do If You’re Charged with a DUI on Private Property
If you’re facing DUI charges, especially for something that happened on private land, it’s important to:
Remain calm and cooperate with authorities
Avoid making statements that can be used against you
Consult with a DUI defense attorney immediately
Gather any witnesses or video evidence that may help
Understand your rights and legal options
Final Thoughts
California takes DUIs seriously—regardless of whether they happen on a highway, in a parking lot, or in your own backyard. The key factors are whether you were impaired, operating a vehicle, and whether public safety was at risk.
Private property does not provide immunity from DUI charges, so always use caution and never drive under the influence, no matter where you are.
Need Legal Help?
If you’ve been charged with a DUI in California—whether it happened on public roads or private property—you don’t have to face it alone. The legal system can be confusing, but having the right team on your side makes all the difference.
At Southwest Legal, we understand the complexities of California DUI law, especially when it involves unusual situations like arrests on private property. Our experienced defense attorneys are dedicated to:
Fighting to protect your rights Exploring every legal defense available Minimizing the impact on your record and your life Guiding you through the legal process with compassion and clarity
Don’t wait. Every minute counts after a DUI arrest.
Call us today to get started. Your defense starts the moment you reach out.
