Can you be arrested for a DUI on private property?

Asked about 1 year ago - San Diego, CA

I was arrested for a DUI in the parking lot at the sports arena. Is this legal?

Attorney answers (10)

  1. Dan Eugene Chambers

    Contributor Level 20

    13

    Lawyers agree

    Answered . Yes, it is legal.

  2. Cambria L Lisonbee

    Contributor Level 14

    11

    Lawyers agree

    Answered . Mr. Daley is correct. Hire a lawyer who is familiar with the local practices of the court as it can often make a big difference in the outcome of your case.

  3. William Peter Daley

    Contributor Level 17

    10

    Lawyers agree

    Answered . If you question is, just because it was inside the Sports Arena parking lot, does that fact itself make it illegal, then the answer is no. However, a San Diego attorney with years of experience, who is familiar with the prosecutor's and judges can always work out some reduction on a case. It's in your best interest to hire someone with experience and who will do an exceptional job in fighting your case.

    William Daley (619) 238-1905 / www.lawofficeofwilliamdaley.com
  4. Paul Henry Neuharth Jr

    Contributor Level 13

    9

    Lawyers agree

    Answered . Private property open to the public Is a legal location for a DUI arrest. While there may be other defenses in your case,,that is not one of them.

    Please do not rely upon any advice given unless I have had to the opportunity to personally review the legal file,... more
  5. Michael Jon Fremont

    Pro

    Contributor Level 17

    9

    Lawyers agree

    Answered . Yes you can get a DUI in a parking lot in California however the officer
    still must have a reasonable suspicion to detain you and probable cause to
    arrest

  6. Andrew Michael Limberg

    Pro

    Contributor Level 16

    9

    Lawyers agree

    Answered . Yes. It doesn't matter where you operate the vehicle, just whether or not you were under the influence. You should consult a defense attorney right away regarding this matter to ensure the best possible result in both the court case and DMV action,

    Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381
  7. Philip Daniel Hache

    Pro

    Contributor Level 16

    8

    Lawyers agree

    Answered . As other attorneys have already posted, just because you were arrested for a DUI while in a parking lot open to the public, is not grounds for a dismissal on its own. That being said, there are many other defenses to a DUI case that can potentially be used in your case. For example, if the cop did not have proper probable cause to approach your vehicle in the first place. Was there any driving observed by the officer? Why did he approach your vehicle? The list of potential defenses to DUI cases goes on and on. There are many variables between cases. At this point you should speak to a DUI attorney or two in your area. They will then be able to give you more insight to defending your case. There are some very good DUI attorneys in your area who answer questions on AVVO that would be willing to speak to you about your case in more detail. I see Michael Freemont posted an answer. He is a well respected DUI Attorney throughout the community. Good luck with your case.

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This... more
  8. David Philip Shapiro

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . Yes, unfortunately. But that doesn't mean there's nothing that can be done on your behalf with respect to other possible defenses. Hire yourself the best locally experienced criminal defense attorney you can afford and be sure to setup your DMV Administrative Per Se Hearing within 10 calendar days of your arrest.

  9. Bradley R Corbett

    Contributor Level 11

    7

    Lawyers agree

    Answered . Yes, you can still be arrested for driving a motor vehicle on private property.

  10. Mordechai David Pelta

    Contributor Level 8

    5

    Lawyers agree

    Answered . Hire an attorney who is experienced in DUI work. I have seen DA's file charges in these kinds of cases when there is a good argument one is not guilty of the crime on private property. So the answer is it depends on the facts of your case. You may contact me at peltalaw@att.net to schedule an appointment, if you have any questions. Thank you.

    This answer is not legal advice and does not create an attorney-client relationship.

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI arrest

A DUI arrest must be based on probable cause: the officer must have enough evidence to arrest, as determined by a combination of factors.

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