Can You Get a DUI on Private Property in Georgia?

Most folks believe that DUI laws in Georgia are applicable only to public roads and highways. This misleads people into believing that if they drive under the influence on private property, including parking lots, private driveways, or private roads, they will not be arrested for DUI. This is not the case in Georgia. Georgia’s DUI laws extend beyond public roads.

Georgia’s DUI laws apply to private property 

Georgia’s DUI laws do not apply only to interstate highways and city streets. Depending on the situation, the DUI investigation and arrest can take place at different locations. These include:

• Shopping mall parking lots
• Apartments and condominiums
• Private roadways of the gated community
• Parking area of businesses
• Private driveways

The legality of the DUI charge will depend upon the facts of each case and the interpretation of Georgia DUI laws.

Location is only one part of the analysis

Although the place where the crime was committed can be a material aspect of the crime, it does not necessarily constitute the only element that the prosecution needs to establish. The prosecution will still need to provide proof that would support each element of the crime beyond a reasonable doubt.

This could include the following evidence, depending on the facts of the case:

• Evidence from witnesses
• Driving conduct
• Body camera footage
• Confessions from the defendant
• Any physical evidence collected during the investigation

Each DUI case will differ from the others, especially regarding the evidence.

Common misconceptions about private property

A lot of folks think that if they stay on their own property, they are protected from DUI charges. However, a lot of folks will find out the hard way that it’s not true.

For instance, moving your car inside the premises of a parking lot after having drunk will not protect you from being noticed by the authorities. Another example is driving in an apartment complex or in someone else’s business area while being under the influence of alcohol.

Potential defenses may still be available

Even though you can be arrested for DUI on private property, it doesn’t necessarily mean you’ll be found guilty. There are several legal issues that could affect your case. Your DUI defense lawyer might look into:

• Whether the prosecutor could prove all the necessary elements of the crime
• Whether the police officers conducted the investigation according to the Constitution
• The reliability of the evidence used
• The consistency of the testimony of the witnesses

A detailed analysis of the evidence might reveal possible weaknesses in the case.

Talk to a Cobb County, GA, DUI Defense Lawyer Today

A DUI arrest can cause lasting damage to your legal standing and reputation. It is important to take the charges seriously, even if you were driving on private property. Andrew L. Schwartz, P.A., can represent your interests during the prosecution of your case and ensure you are treated fairly under the law. Call our Cobb County DUI lawyers today to schedule an appointment, and we can begin preparing your defense immediately.