Can You Get a DUI on Private Property in Arizona?

What happens if you are stopped and arrested for a DUI on private property? Can you get a DUI on private property in Arizona? You can. Arizona has some of the toughest DUI laws in the United States, and these laws don’t always stop at the borders of public roads.

The following article breaks down what you need to know about the rules regarding getting a DUI on private property in Arizona

Understanding the Definition of “Public Place”

To answer the question, Can you get a DUI on private property in Arizona? we first must know how the state defines a “public place.” According to Arizona law, a ‘public place‘ is defined more as an area open or available to the public. This includes more than highways and city streets—it extends to places like parking lots, shopping center driveways, and other privately owned property that is open and available to the public.

Driving under the influence in areas like grocery store parking lots or public garages can lead to an arrest and prosecution for DUI. 

What About “Truly” Private Property?

Truly private property, property owned by an individual and gated or restricted to the public, not allowing access, is not considered a public place. But hat doesn’t necessarily provide a get-out-of-jail-free card for drivers under the influence. IF an officer observes a vehicle driving on a public road and that vehicle then moves to private property the Officer is not prevented from stopping and investigating that person for a DUI so long as the Officer has appropriate legal grounds. Officers have, can, and will, make arrests even if the driver makes it back to their own driveway at their residence. 

How Arizona Handles DUIs on Private Property?

Arizona’s courts have long upheld the application of DUI laws to private property open to the public. In those circumstances a person is subject to the same DUI statues that they would be if driving on a public road, highway, or freeway. 

If you’re impaired and in control of a vehicle, even on private property, you can face a DUI charge.

Arizona DUI Laws Demystified

Arizona’s laws about DUI are extensive, and DUI cases are not simple matters. DUI trials and case include expert testimony, scientific principles and processes, and a borad range of legal issues – search and seizure violations, coercion, right to counsel issues among a few. DUIs also have collateral consequences affecting a person’s drivers license and ability to drive. Navigating these cases without a DUI attorney you can trust and count on will ultimately result in frustration and possibly worse consequences than you could have expected. 

According to ARS 28-1381, it is illegal for any individual to:

1. Drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs, toxic vapors, or any combination thereof, to the extent that they are impaired to any degree. 
2. Have a BAC of 0.08% or higher within two hours of operating the vehicle, regardless of impairment. 
3. Operate a commercial vehicle with a BAC of 0.04% or higher. 
4. Drive while any drug or its metabolite, as defined in Section 13-3401, is present in their system unless consumed as prescribed by a medical practitioner. 

Additionally:

• Arizona law increases jail time, fines and other penalities for having multiple DUIs within 7 years of each other. Having 3 or more DUIs within 7 years of each other means a case could be charged as a felony requiring a prison sentence. 
• Aggravating factors in the case like a car accident, could be used as a reason to increase a jail sentence as well. 

Legal Consequences of a DUI on Private Property

DUI on Private Property: Know the Legal Consequences 

DUIs on private property accessible to the public are subject to the same legal consequences as DUIS that occur on public roads. 

First-Time Offense in Arizona 

A first-time DUI is a Class 1 misdemeanor and carries very serious penalties. These include fines and fees totaling several hundred to several thousand dollars, compulsory attendance for alcohol education classes, up to 10 days of jail time, which may be suspended, and the installation of an ignition interlock device on your vehicle.

Repeat Offenses or Aggravating Factors 

The punishments are enhanced for repeat offenses or based on aggravating factors when a person’s driving behavior has put others at risk. 

The Secondary Consequences of a DUI Conviction on Private Property in Arizona

A DUI conviction, even on private property, has repercussions that go far beyond fines or and jail time. The collateral consequences have a significant impact on your life and career.

Employment Challenges 

Many employers run background checks, and a DUI conviction may prevent a candidate from getting a job, prevent a promotion, or result in termination of employment.

Higher Insurance Premiums 

A DUI conviction leads to higher vehicle insurance rates, adding significant financial strain through increased monthly premiums and making insurance coverage harder to obtain in some cases. MVD may also require that a person obtain additional insurance coverage, SR22 insurance. 

Loss of Driving Privileges 

License suspensions, even short-term, can complicate daily life, delay career plans, and disrupt personalresponsibilities like picking up kids, attending appointments, or maintaining consistent work attendance. 

Social Impact 

A conviction for DUI usually strains personal relationships and community reputation, building long-term hurdles in rebuilding confidence, connecting, or comfortably enjoying social events.

If you are charged with a DUI you need to seek the advice of an experienced and trustworthy attorney. 

Seek Legal Help from a Skilled DUI Attorney

DUI cases are deceptively complex, it is important to seek help if facing charges in a city or county court. Can you get a DUI on private property? It depends on your case. A knowledgeable DUI attorney will be able to evaluate your case, contest evidence such as breathalyzer results or officer testimony, and seek to negotiate charges down, attempt to get alternative sentencing, or even dismiss the case. Get the help you need to make your situation better. Schedule a case evaluation with The Law Offices of John Phebus, Glendale Criminal and Personal Injury Lawyer. Contact us today at (623) 847-7117 or 17505 N. 79th Ave #314, Glendale, AZ 85308, to discuss your case.

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