15th Jun 2015

Is it s possible to get a DUI while driving on private property? Interestingly (and unfortunately to anyone in that predicament) the answer should be “yes”, it is definitely possible. This is based upon an analysis of Florida DUI law where can be strict. Florida Statute 316.193 defines DUI when a person:

1) Drives or is in actual physical control of a vehicle within the State, and;

2) Is under the influence of alcoholic beverages, any chemical substance prohibited by law or any controlled substance prohibited by law.

The focal point relevant to this inquiry is that the crime of DUI is distinguishable from other traffic related offenses in that a DUI is committed when a person drives or controls a vehicle “within this State”.  “Within the state” is given a very broad definition under Florida law.  Whereas traffic offenses are committed “upon a street or highway”, DUI’s more broadly occur within the State.

Therefore, a stop on a swale, parking lot, driveway or track may qualify for DUI based on the broad range of the statute.

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