Drunk driving laws in California primarily apply to public roads, but that doesn't mean you're completely off the hook on private property. Many people assume that if they're driving under the influence (DUI) on their own land, in a private parking lot, or on a closed-off property, they're safe from DUI charges. However, that's not entirely true.

In this guide, we'll break down everything you need to know about drunk driving on private property in California, including legal consequences, key laws, and real-life examples.

Is Drunk Driving Illegal on Private Property in California?

Yes, in some cases. California DUI laws apply to both public and certain private areas. According to California Vehicle Code § 23152, it is illegal to operate a vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher.

While this law mainly covers public roads and highways, California courts have sometimes upheld DUI convictions on private property.

Key Factors That Affect DUI Charges on Private Property

1. Type of Private Property – Some properties (like parking lots or gated communities) are still accessible to the public, making them fair game for DUI enforcement.
2. Risk to Public Safety – If your actions endanger others, police can still arrest you for DUI.
3. Police Jurisdiction – Law enforcement officers may not have full authority on completely private land, but they can make an arrest if there is probable cause.

When Can You Get a DUI on Private Property?

Even though California's DUI law primarily applies to public roads, you can be arrested for DUI on private property in these situations:

1. Driving in a Parking Lot

• Example: You leave a bar intoxicated and drive in circles in a shopping mall parking lot. A police officer sees you swerving and pulls you over.
• Outcome: You can be charged with DUI because a parking lot is accessible to the public.

2. Driving in a Gated Community

• Example: You live in a gated neighborhood and decide to drive your car home while intoxicated.
• Outcome: If a security guard or neighbor reports you, the police can investigate and arrest you for DUI.

3. Driving on a Private Ranch or Farm Road

• Example: You own a large piece of land and decide to drive your truck around while drunk.
• Outcome: If no one is endangered, you might avoid DUI charges. However, if a crash occurs or a police officer is present, you could face legal trouble.

4. DUI in Your Own Driveway

• Example: You pull into your driveway while intoxicated, and a police officer sees you.
• Outcome: If the officer saw you driving on a public street before entering private property, you can be arrested for DUI.

When Can You NOT Get a DUI on Private Property?

There are cases where DUI laws might not apply on private property, such as:

✔ Completely Private Land – If the area is fully closed off to the public and not used for traffic (e.g., a private ranch, backyard, or a closed garage), a DUI charge may be harder to enforce.
✔ No Observing Officer – If no law enforcement officer sees you driving drunk and there's no public access, you might avoid a DUI charge.
✔ No Public Safety Risk – If you're not endangering anyone, police are less likely to charge you.

🚨 However, this does not mean you are 100% safe from other legal consequences! 

Other Legal Consequences of Drunk Driving on Private Property

Even if you avoid a DUI charge, drunk driving on private property can still lead to serious penalties:

1. Reckless Driving Charges

• If you drive erratically or dangerously, you could be charged with reckless driving (California Vehicle Code § 23103), even on private property.

2. Property Damage & Civil Lawsuits

• If you crash into a building, fence, or another vehicle while drunk, you can face property damage claims or civil lawsuits.

3. Child Endangerment Charges

• If you drive intoxicated with a child in the car, you could be charged with child endangerment (California Penal Code § 273a).

What to Do If You're Charged with DUI on Private Property?

If you are arrested for a DUI on private property, here's what you should do:

✅ Remain Calm & Cooperate – Don't resist arrest, as this could lead to additional charges.
✅ Do Not Admit Guilt – Anything you say can be used against you, so stay silent until you speak with a lawyer.
✅ Contact a DUI Attorney – A lawyer can assess if your private property DUI charge can be fought in court.

Final Thoughts: Can You Get a DUI on Private Property in CA?

Yes, in many cases! While DUI laws mainly apply to public roads, you can still be charged for driving under the influence on certain types of private property—especially if the area is accessible to the public or poses a safety risk.

If you are unsure about the laws in your specific situation, always consult with a DUI attorney to understand your legal options.