# Can you drink and drive on private property **URL:** \ **Category:** Factual Questions\ **Created:** [May 16, 2012, 11:45pm UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148 "2012-05-16T23:45:50Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\ **Post date:** [May 16, 2012, 11:45pm UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/1 "2012-05-16T23:45:50Z")
If you own a large piece of property can you get drunk and drive on your property or is that considered a crime? ---
**Author:** ![Doctor\_Who](https://avatars.discourse-cdn.com/v4/letter/d/ed8c4c/32.png) [@Doctor\_Who](https://boards.straightdope.com/u/Doctor_Who)\ **Post date:** [May 16, 2012, 11:52pm UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/2 "2012-05-16T23:52:49Z")
It depends. What state are you in? Here’s a brief discussion of California: [Matthew Ruff, Top Rated DUI Lawyer in California. Drunk Driving Defense Attorney in Torrance : Can You Get A DUI on Private Property?](http://duitimes.blogspot.com/2012/03/can-you-get-dui-on-private-property.html?m=1) ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [May 17, 2012, 12:39am UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/3 "2012-05-17T00:39:39Z")
In West Virginia, maybe: [QUOTE=WV CODE] §17C-5-2. Driving under influence of alcohol, controlled substances or drugs; penalties. (a) Any person who: (1) Drives a vehicle in this state while he or she: (A) Is under the influence of alcohol;…[is in big trouble] [/QUOTE] [QUOTE=WV CODE] §17C-5-2a. Definition of phrase “in this state”; phrases synonymous with driving under the influence of alcohol; validation of warrants and indictments. (a) For purposes of this article and article five-a of this chapter, the phrase “in this state” shall mean anywhere within the physical boundaries of this state, including, but not limited to, publicly maintained streets and highways, and subdivision streets or other areas not publicly maintained but nonetheless open to the use of the public for purposes of vehicular travel. [/QUOTE] So, as you can see, at least in the state of WV, you must be on a public street or highway or otherwise be somewhere open to the public (if you are in a mall parking lot, no complaining that you aren’t on a public highway). But the “including, but not limited to” may involve everywhere else.. ---
**Author:** ![cynyc](https://avatars.discourse-cdn.com/v4/letter/c/f05b48/32.png) [@cynyc](https://boards.straightdope.com/u/cynyc)\ **Post date:** [May 17, 2012, 1:44am UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/4 "2012-05-17T01:44:28Z")
I dunno. Didn’t Tiger Woods get in trouble for that? I think the bigger question, if there is any real question at all, is: Um. Why would you want to. Or something like that. ---
**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\ **Post date:** [May 17, 2012, 2:00am UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/5 "2012-05-17T02:00:18Z")
> [@jtgain](#): > > In West Virginia, maybe: > > So, as you can see, at least in the state of WV, you must be on a public street or highway or otherwise be somewhere open to the public (if you are in a mall parking lot, no complaining that you aren’t on a public highway). But the “including, but not limited to” may involve everywhere else.. Would the principle of _ejusdem generis_ apply here? Seems that the examples are so detailed one could assume that the legislature meant to exclude private tracks and whatnot. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [May 17, 2012, 4:31am UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/6 "2012-05-17T04:31:41Z")
> [@robert\_columbia](#): > > Would the principle of _ejusdem generis_ apply here? Seems that the examples are so detailed one could assume that the legislature meant to exclude private tracks and whatnot. That’s why I said maybe. I would have to look at case law. It does seem odd to have a statutory construction that basically says “absolutely everywhere, including these 3 areas.” It seems that by listing the areas, they don’t really mean everywhere. ---
**Author:** ![pullin](https://avatars.discourse-cdn.com/v4/letter/p/c57346/32.png) [@pullin](https://boards.straightdope.com/u/pullin)\ **Post date:** [May 17, 2012, 10:30am UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/7 "2012-05-17T10:30:25Z")
> [@cynyc](#): > > I think the bigger question, if there is any real question at all, is: > > Um. Why would you want to. Or something like that. Me and my buds have a few thousand acres leased for private hunting. Although I’m normally very strict and don’t mix booze and vehicles, I ignore this restriction when on our hunting land. I have no problem driving my truck or 4-wheeler after having multiple beers with the guys. I’m not endangering the “public” since they cannot legally be there (and will be rudely escorted away should they trespass). I figure I might endanger a tree or two should my attention wander, so it’s nobody’s business but my own, so to speak. As near as we can tell we’re not breaking any laws, provided we don’t drive beyond the borders of our lease. ---
**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\ **Post date:** [May 17, 2012, 11:33am UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/8 "2012-05-17T11:33:35Z")
Most of the state laws I’ve seen state that drinking and driving is illegal anywhere within the boundaries of the state; this covers private property. Still you need to check the laws of your own state. I’ve heard of people getting charged for a DUI while working on there car in there driveway while having a few drinks. Also heard of people being charged for getting into accidents off road on an ATV; you are part of the public, if you get injured society pays. General rule of thumb; don’t drink and drive anywhere unless you want to take the risk of being charged. ---
**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\ **Post date:** [May 17, 2012, 11:44am UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/9 "2012-05-17T11:44:57Z")
Texas law seems to imply that you can drink and drive on private property; as the law states that it applies to “[Public Places](http://www.dwidude.com/Offenses.html)” only. Quote: “Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.”; the catch being “not limited to”. So if you get into an accident off road you most likely will still need a lawyer. ---
**Author:** ![Son\_of\_a\_Rich](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/son_of_a_rich/32/5439_2.png) [@Son\_of\_a\_Rich](https://boards.straightdope.com/u/Son_of_a_Rich)\ **Post date:** [May 17, 2012, 11:54am UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/10 "2012-05-17T11:54:54Z")
> [@Si\_Amigo](#): > > I’ve heard of people getting charged for a DUI while working on there car in there driveway while having a few drinks. I’m trying to imagine the scenario there. Seems like the guy would have to be disturbing the peace or something for the cops to have the probable cause in the first place, otherwise that just sounds so wrong. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [May 17, 2012, 12:29pm UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/11 "2012-05-17T12:29:12Z")
When Prince Charles was young (am I making myself look old?) I remember the stink about him driving a Rolls around on their private estate (sober, I assume!) when he was about 15, and some reporter’s comment was “what’s the big deal? He’s been driving them since he was 12.” Of course, The jurisdiction of a state’s “Traffic Act” may be different from its laws on DUI. IIRC: in Canada the crimnal offense can happen anywhere, including private property, if you are “in control”, and as has been discussed ad nauseum in much earlier threads, you can be convicted (in many states) even if you are simply sleeping it off in the back seat, if you have the key. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 17, 2012, 2:16pm UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/12 "2012-05-17T14:16:41Z")
> [@cynyc](#): > > I dunno. Didn’t Tiger Woods get in trouble for that? No, he didn’t. > [@](#): > > I think the bigger question, if there is any real question at all, is: > > Um. Why would you want to. Or something like that. No, it isn’t. ---
**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\ **Post date:** [May 17, 2012, 3:01pm UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/13 "2012-05-17T15:01:54Z")
> [@Son\_of\_a\_Rich](#): > > I’m trying to imagine the scenario there. Seems like the guy would have to be disturbing the peace or something for the cops to have the probable cause in the first place, otherwise that just sounds so wrong. Nope. All they need is to see you with a drink in your hand and having control of a running car. Is it wrong for them to do this? It would actually be wrong for them not to do anything since it is a clear violation of the law the way as written. Is it right? Now that’s another question. ---
**Author:** ![Pitchmeister](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pitchmeister/32/3459_2.png) [@Pitchmeister](https://boards.straightdope.com/u/Pitchmeister)\ **Post date:** [May 17, 2012, 3:04pm UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/14 "2012-05-17T15:04:41Z")
> [@Si\_Amigo](#): > > Nope. All they need is to see you with a drink in your hand and having control of a running car. Apparently not even running - if you decide to sleep it off in your car, with the keys in a box in the trunk, you can be charged with DUI. ---
**Author:** ![SeldomSeen](https://avatars.discourse-cdn.com/v4/letter/s/7ba0ec/32.png) [@SeldomSeen](https://boards.straightdope.com/u/SeldomSeen)\ **Post date:** [May 17, 2012, 6:17pm UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/15 "2012-05-17T18:17:13Z")
A corrollary question occurs…would a law prohibiting drinking & driving on private property be enforcable? The anecdotes regarding people being arrested for DUI in their own driveways usually stem from a case of “hot pursuit” wherein the offense takes place on a public road but the arrest occurs after they have arrived in the driveway. If the impaired driving actually took place entirely on private property I’d think a LEO would have to obtain a warrant before proceeding with the investigation and arrest. Their involvement would have to stem from having observed the activity from public property or in response to a complaint. Either way, it would seem that arresting and prosecuting someone for DUI on private land would be problematic. Possible, but difficult. SS ---
**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\ **Post date:** [May 17, 2012, 6:41pm UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/16 "2012-05-17T18:41:54Z")
> [@SeldomSeen](#): > > A corrollary question occurs…would a law prohibiting drinking & driving on private property be enforcable? The anecdotes regarding people being arrested for DUI in their own driveways usually stem from a case of “hot pursuit” wherein the offense takes place on a public road but the arrest occurs after they have arrived in the driveway. If the impaired driving actually took place entirely on private property I’d think a LEO would have to obtain a warrant before proceeding with the investigation and arrest. Their involvement would have to stem from having observed the activity from public property or in response to a complaint. Either way, it would seem that arresting and prosecuting someone for DUI on private land would be problematic. Possible, but difficult. > SS [Anecdotes?](http://www.orangecountyduiattorneyblog.com/2012/04/somers-woman-arrested-for-felony-dwi-in-driveway.shtml) Most states laws cover every inch of the state; no exceptions for private property. The fact that they can often see your behavior (people at home drink from the bottle) from the street is probable cause enough. Also, when people get into accidents on private property they call an ambulance, giving police the excuse to come onto the property and investigate. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [May 19, 2012, 4:27am UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/17 "2012-05-19T04:27:35Z")
First, the law allows prosecution typically including private property because the police do not want to have to sit around and see if you will soon drive onto the public road. You are in control of a few tons of metal than can go to 60mph in a matter of 10 seconds, give or take; your judgement is impaired. You are are potentially dangerous. For the same reason, they do not want to to wait around and see if you wake up, still impaired, and start a car and drive off. Simply possessing the means to drive a vehicle while being in the vehicle and impaired means you are a risk. So to avoid the ambiguity or to avoid the police having to ignre what could develope into a dangerous situation, the rules are clear - if you are intoxicated, stay away from the car with the key. What grounds they use to find out? The usual - suspicious looking circumstances. A car door open at night and a pair of legs hanging out? Worth a look. A car being driven erratically on private grounds (or across them)? Worth a look. See someone stumble over to a car in a parking lot? worth a look. Reasonable grounds. I doubt they go down the road and up each driveway to see if someone is sleeping in every parked car on private property. That might be challenged in court. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [May 20, 2012, 1:33am UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/18 "2012-05-20T01:33:34Z")
> [@SeldomSeen](#): > > A corrollary question occurs…would a law prohibiting drinking & driving on private property be enforcable? The anecdotes regarding people being arrested for DUI in their own driveways usually stem from a case of “hot pursuit” wherein the offense takes place on a public road but the arrest occurs after they have arrived in the driveway. If the impaired driving actually took place entirely on private property I’d think a LEO would have to obtain a warrant before proceeding with the investigation and arrest. Their involvement would have to stem from having observed the activity from public property or in response to a complaint. Either way, it would seem that arresting and prosecuting someone for DUI on private land would be problematic. Possible, but difficult. > SS The GQ answer is “because courts have said cops can do all of the above without a warrant” for the reasons the last two posters have given. I would also say that if this were a GD thread, I would post my disagreement with those thoughts. 😉 ---
**Author:** ![Gatopescado](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gatopescado/32/5711_2.png) [@Gatopescado](https://boards.straightdope.com/u/Gatopescado)\ **Post date:** [May 20, 2012, 4:27am UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/19 "2012-05-20T04:27:25Z")
The “factual” answer to the OP’s question is Yes. You _Can._ ---
**Author:** ![coremelt](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@coremelt](https://boards.straightdope.com/u/coremelt)\ **Post date:** [May 20, 2012, 6:17am UTC](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148/20 "2012-05-20T06:17:20Z")
> [@Pitchmeister](#): > > Apparently not even running - if you decide to sleep it off in your car, with the keys in a box in the trunk, you can be charged with DUI. Is this for real, in which states? What about someone who parks up their RV in a Walmart carpark overnight? If they have some drinks and then sleep in the back can they get charged with DUI? In Australia its perfectly fine to sleep off a drunk in your car and in fact the police would much rather you do that than drive. Also in most states of Australia DUI laws do not apply on private property that is behind a locked gate and not open to the public. Theres a discussion of it here: > **[Drink driving laws on private property; state by state..... - Australian Ford...](http://www.fordforums.com.au/showthread.php?t=11304035)** > > Drink driving laws on private property; state by state..... The Pub [Next page](https://boards.straightdope.com/t/can-you-drink-and-drive-on-private-property/622148.md?page=2)