Can I get a DUI if I am driving in a parking lot? 75 Answers as of May 17, 2012

Not only can you get a DUI for driving 30mph in a parking lot, you can get a DUI while PARKED in a parking lot. The Alabama criminal code requires only that you be in control of the vehicle.

Yes, you can be convicted of DWI in a parking lot. Under the section 1192 statutes of the Vehicle and Traffic Law (Intoxication statutes) parking lots are defined as public highways as long as they're open to the public and have at least four parking spaces in them. BUT, other vehicle and traffic infractions do not apply if they don't occur on a public highway (parking lots are only covered under the DWI statutes to be considered public highways). SO, if it was an illegal stop by the police, anything derived from that stop should be suppressed by the court (including officer observations, breathalyzer results, and any other evidence derived from that illegal stop.

The law makes it illegal to drive your car on any public road, any place that is accessible to vehicles, and parking lots. Most residential areas have speed limits of 25 mph. Going 30 mph in a parking lot is beyond the speed limit, and, therefore, reason to pull over a motorist.

You're asking two different questions. Yes, you can get a DWI in most parking lots. The legality of the stop is an entirely different question which depends a lot of different factors.

The short answer is yes, a parking lot is premises open to the public. There are many circumstances that police use to pull someone over (reasonable suspicion of a violation, in your case), but much more information is needed to give you a proper answer. You should definitely speak with/hire an attorney.

Yes unless it is blocked off and clearly marked "private" under Michigan law.

Whether a police officer can stop you depends on whether he has reasonable suspicion to believe a crime is being committed. The mere fact that you were stopped in a private parking lot does not matter. Once he has reasonable suspicion he can stop you and investigate. If you feel he did not have reasonable suspicion under the circumstances you can challenge the constitutionality of the stop in court.

The judge will ultimately decide if the officer had "reasonable cause" to stop the vehicle.

There are specific rules about what parking lots are considered a 'public highway' as opposed to a private driveway or private parking lot. You should retain a good criminal lawyer to handle the case. You were going way too fast for a parking lot and could have killed someone. Drunk driving is like shooting a gun at a moving train and hoping that no one gets hit by the bullets. Your insurance could increase to $10,000 a year and your license could be revoked. You may have to get an interlock device for 6 months and pay heavy fines. It is much cheaper to just call a taxi.

Anytime you operate a vehicle in a manner law enforcement believes is unsafe or reckless, such as going too fast in a parking lot, that may constitute probable cause to stop the vehicle. Then, if the officer believes the driver is impaired by drugs and/or alcohol, a DUI arrest may follow.

If in Illinois, it makes no difference where you are driving, on private peoperty or a highway, you can be charged with UI "anywhere in the State". In fact, even if parked in you own private driveway, with the enging running or keys in ignition, and behind the steering wheel, you can be arrested and possibly convicted for DUI.

Yes to 1st; probably to 2nd. It's after they pull you over for the speed etc. that they observe behavior, smell, eyes, etc. upon which they build the DUI.

If you are driving and violate any of the numerous Vehicle Code sections, that is enough to give a cop reasonable suspicion to pull you over.

Not enough detail but if the lot is held out for public access then yes you can be charged with OWI in a parking lot. You should have an Attorney look at it.

It gets tricky depending on whether the area is open to the public. If yes, then parking lot is like a street. If closed to public then it's private and you may have a defense.

It is public highways or places open to the public that the OUIL laws apply, which covers many parking lots. Also if you were going through the parking lot to avoid a traffic cntrol signal that is illegal and can get you stopped.

If the officer has a reasonable suspicion you are driving impaired or otherwise in an unsafe manner he/she is justified in pulling you over. If once pulled over they suspect intoxication they can conduct a sobriety test. If you received a DUI you need to contact a lawyer to help you achieve the best outcome.

As long as you are moviingthe vehicle you can get a DUI

Thank you for your inquiry The statute takes care of this by stating that the driving must be on the roadway or a place open to the public. Therefore, a parking lot is a place open to the public. See MCL 257.625 for text of law.

It may be a god defense. I would need to know more, who owned the parking lot, what if anything was in the lot (stores, apartments, ATM, etc).

Yes as they can always get you for being drunk in public, even on your own front porch.

Yes you can. Operating is even sleeping in the back seat with the keys in the ignition. Drunk driving cases are the easiest to prosecute.

One of the requirements of the DUI statute is that the driving had to take place on the a public road/highway, so if it is a private parking lot, than there could be an issue. I would suggest that you speak with an experienced DUI attorney in your area, as there are not enough details to answer your question.

In New Hampshire, a person can be arrested and prosecuted for a DUI while driving in a private parking lot if it is maintained and open for public use pursuant to RSA 259:125, II. You should meet with an experienced DUI/DWI attorney in order to discuss the facts and circumstances in your case.

Your question provides an interesting position and while it may give rise to that, there are lots of facts and inferences that a qualified attorney would need to know to give you a more detailed response. While it is possible that your case did not have the requisite probable cause to pull you over, without these other details and information it is hard to know. You should speak with a qualified DUI attorney about your case and provide details to them. A good DUI defense begins at the moment you are pulled over and the longer you wait, the harder gathering certain information becomes.

You can be charged with DUI even if you are driving on private property. Reasonable cause depends on the specific facts and circumstances of the stop.

Possibly. However you should get a good defense attorney asap as generally you must be driving on a public roadway for Dwi and a parking lot may arguably not be a public roadway.

Yes, you can get a DUI while driving in a parking lot. And the officer may have probable cause to stop you. However, I would suggest that you consult with a criminal defense attorney in your area.

Yes, you can get a drunk driving in a parking lot. Michigan law is very clear that any place open to the public for use of vehicles is subject to arrest for drinking and driving. Fast to reasonable cost for the traffic stop, that's another matter.

Most likely yes but you can always run a 1538.5 to challenge the probable cause. 30 miles per hour sounds a bit excessive in a parking lot and may be considered reckless driving in some jurisdictions.

Yes. Cutting through a parking lot is a vehicle code violation.

The answer depends on weather the parking lot is available to the public. If private you may have a defense.

Cutting through a parking lot to avoid a traffic control device is illegal. The police will allege unreasonable speed in the parking lot and if believed, that is probable cause to stop your car. You can get a DUI for driving in a parking area that is privately alone.

Yes, in fact, you can technically be charged with DUI if you are sitting in your car in the garage with the ignition off. A reasonable officer might conclude that driving through a private lot at 30 mph is consistent with an effort to avoid a traffic control device, which is an offense under the Illinois traffic code. As always, your attorney should consider the circumstances and the possibility that probable cause was lacking. A more detailed understanding of the surrounding facts may yield a different conclusion.

Technically the answer would be yes, so long as that is a 'premises open to the public.' The statute for DUI in Oregon included both highways or premises open to the public. So long as this parking lot is open to the public you can be charged with DUI, the next best step is to find an experienced DUI Lawyer. A DUI Lawyer will help you stand the best chance in a complicated DUI case such as this.

Unfortunately, the answer is yes. A parking lot is considered a public roadway and if you were driving it is actionable. I recommend retaining counsel if you can afford it.

It depends on what the officer claims to have seen you do before you cut through the parking lot and whether the parking lot was in fact private property.

Cutting through a private parking lot is sufficient reason for a police officer to pull you over. You can be arrested and charged with DUI for driving under the influence in a private parking lot.

If the officer determined that your speed was unreasonable, he or she can stop your vehicle even if your in a parking lot.

Most states make a distinction between purely private property and ?private property open to the public?. Parking lots of businesses are private property, however, that property is open to public use so that the public (potential customers) can use it. In terms of a DUI, all private property open to the public is subject to police regulation. Traveling through a parking lot at 30 mph will probably get the attention of the police in every instance and an officer would have authority to stop the vehicle and investigate.

That may be reasonable cause for them to pull you over. However, was the lot private property? If so, there are other rules that apply and the police often make mistakes.

It sounds as though you have at last a couple of possible defenses to the DUI charge. Hire an attorney now to fully prepare your case. The speed and the location can be the basis of several motions.

Cutting through a parking lot.. Why were you cutting through the parking lot? That act, in and of itself is illegal. Your speed is questionable and suspect. 30 mph through a parking lot can well be excessive. These actions give the officer probable cause to make the stop. In all likelihood, the officer saw you leave the road of travel and cut through the parking lot. or someone else may have observed your driving and called the police to report you. I do not have enough facts; but YES, you can be cited for a DUI in a parking lot. You need to retain the services of an attorney.

Yes, a parking lot is open to the public and generally accessible to motor vehicles. Look up 257.625.

It really depends on a lot of other factors. Courts tend to give deference to cops. So, if they say you were driving recklessly or too fast for conditions, there's a high likelihood the court will find good grounds for the stop. Also, it depends on what the police did after the stop. You need to consult an attorney who can get all the details and provide you specific advice.

Yes, if you were driving.

If it is a roadway open to the public, very likely.

You're not supposed to cut through a parking lot. Arguably, officer has probable cause to pull you over.

It might be. It all depends on ALL the facts and circumstances.

Yes. In Maryland, the driving can be on private property to be guilty of DUI.

Causing a vehicle to move at all while intoxicated could be grounds for a DUII charge in Oregon. There are a lot more facts needed to assess the strength of the state's case against you though. Did the police see you drive on a public road, even for a couple of feet? Did the police pull you over based on a traffic infraction or something else? It is extremely important that you speak to a lawyer as soon as possible to determine the possible outcomes of your case, and to have your rights protected as the state brings charges against you.

Yes and the speed of 30 mph is extremely reckless.

Perhaps. The Michigan Statute specifies that you must be operating the motor vehicle. Driving in a private parking lot does constitute "operating." However, that having been said, the police officer had to have a valid reason to pull you over. That is how you can attack the stop. My question is, what about you driving 30mph in a parking lot lead the officer to believe you were intoxicated? If he has no valid reason to stop you, the resulting evidence he obtains can be thrown out and barred from trial. That is how you can win. You need to have your case evaluated by a professional.

It seems like your asking two different questions: 1) was there reasonable cause to stop you; 2) was there probable cause to arrest for DUI. Right? The answer to your first questions is, "possibly". More information is needed than just "private parking lot" (i.e., were you driving recklessly, hitting curbs, cars, any headlights/taillights out, etc). The answer to the second question is: yes, you can be arrested for DUI in a private parking lot. That said, the initial reason for the contact must still be legal - meaning, an officer cannot stop you simply because he believes you may be DUI. That's the reason I ask about how you were driving or any vehicle damage.

You can get a dui whenever you are in dominion and control of a vehicle and under the influence of alcohol or drugs. You can be in a parked car in your garage and get a dui.

Going 30 MPH is good enough reason to get pulled over.

You have asked two questions here, but I think the answer to both may be, "Yes." Clearly, the OWI statute in Michigan applies to operating a motor vehicle "on a public highway" or "a parking lot open to the general public." As to whether the police had a justified reason for pulling you over, the answer is more complicated and really depends on a more detailed analysis of the facts of your case. However, the law may be that the maximum speed allowed in a parking lot, absent any other designation, is 15 MPH. Whether an officer can establish that you were in fact speeding, without the benefit of radar, is another question. You obviously need the assistance of a qualified criminal defense attorney if you hope to succeed in a motion to suppress and dismiss the case against you.

Yes. If you are in an area open to the public, then you can charged with a DUI in West Virginia.

Yes and Yes. The stop must be for driving that is in some way unsafe or illegal, and I suspect this one is.

Yes. Driving anywhere is enough, even your own property at home. Contact a DUI specialist ASAP. You have only 10 days to save your license.

Yes. Places open to the public include parking lots for the purpose of drunk driving laws. As for the "probable cause" to stop, this is a close question requiring analysis based on all of the facts and totality of the circumstances; an additional reason for the stop might be your improper use of private property, i.e. "cutting through" a parking lot. With the help of a seasoned defense attorney you may be able to succeed in defending this case, however.

Parking lots are considered public ways in NH, in the absence of some evidence that the public was not permitted or invited to enter or travel upon in the lot. A parking lot in front of or adjacent to any public store is a "way" and could be the basis for a DWI arrest and conviction. Simply driving in a public parking lot does not provide reasonable suspicion for a stop, although 30 mph could exceed the permissible speed limit, which would be sufficient for a stop. Depends on the lot and whether any speed limit was posted within the stop. Cutting through a parking lot to avoid a traffic light, on the other hand, constitutes a violation of the rules of the road in NH and may justify a stop.

Operating a motor vehicle on a quasi-public area like a parking lot can give rise to a DWI. I would recommend that you speak with an attorney who is well versed in DWI defense as soon as possible because the penalties and collateral consequences for a DWI conviction are quite harsh.

Yes you can. In Arizona you can get a DUI on private property. Call a lawyer. There may be other defenses.

DUI is one of the few driving offenses that DOES APPLY to private property. Whether the circumstances of your case would have facts that constitute "reasonable suspicion" to support Law Enforcement effecting a traffic stop is a difficult question to answer based upon the limited information you provided. Reasonable suspicion = the officer having reasonable grounds to believe that a crime HAS BEEN COMMITTED or is ABOUT TO OCCUR. If there was nothing illegal about the act of cutting through the parking lot, then there is no reasonable suspicion. The Colorado Supreme Court just decided a reasonable suspicion case on February 13th. It is a favorable case for circumstances where reasonable suspicion is slim (such as your case might be). I would strongly suggest that you seek a qualified attorney experienced in DUI defense to assist you in avoiding the criminal and DMV consequences of this charge. Good luck!