If you are facing a DUI charge in Pennsylvania, you need to fight your DUI by all means available. All Pennsylvania DUI charges carry steep penalties, and having a DUI conviction on your permanent record can have a variety of other serious consequences as well. With this in mind, if you got arrested for driving under the influence on private property, can you use this to fight your DUI?

Unfortunately, the answer to this question is a clear, “No.”

What Drivers Need to Know About DUIs on Private Property in Pennsylvania

Like many other states’ DUI laws, Pennsylvania’s DUI laws do not distinguish between driving on public roads and driving on private property. For example, the Commonwealth’s “general impairment” law states:

“An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle. . . . [or] after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least 0.08% . . . .”

As you can see, the law makes no reference to where a person is driving. This is intentional, and it allows prosecutors to pursue DUI charges in cases involving arrests on private property including:

  • Neighborhood streets and homeowners’ association (HOA) property
  • Parking lots at bars, nightclubs, and other venues
  • Private college and university campuses
  • Private driveways
  • Private parking garages

These are just examples. From golf courses to farm tracks and other private roads, Pennsylvania law allows for prosecution of drunk driving in cases involving arrests made on all other types of private property as well.

While many people find this surprising, the reality is that this just means DUI is treated similarly to other types of criminal offenses in Pennsylvania. Just as you can be arrested for committing an assault or using illegal drugs on private property, you can be arrested for driving under the influence on private property as well.

3 Other Important Facts About Pennsylvania’s DUI Laws

Along with the possibility of facing a DUI for driving under the influence on private property, many people are surprised to learn about other aspects of Pennsylvania’s DUI laws as well. For example:

1. You Don’t Have to Be Moving to Be “Driving Under the Influence”

In Pennsylvania, you don’t have to be moving to be arrested for “driving under the influence.” This means that it is possible to face a DUI conviction if you were arrested while parked in a private parking lot—or even in your own driveway.

This is based on the phrase, “actual physical control.” Under Pennsylvania law, you can be deemed in actual physical control of a vehicle if you are in the driver’s seat with the engine running and there is evidence to suggest that the vehicle has been driven. In short, if the evidence suggests that you were driving under the influence, the police can arrest you even if they did not see your vehicle in motion. Again, this applies regardless of where your vehicle is located.

2. You Don’t Have to Be Driving a Car, Truck, or SUV to Get a DUI

While most DUI cases involve the police stopping a car, truck, or SUV, you can also get a DUI for driving other types of vehicles in Pennsylvania. For purposes of DUI enforcement, a “vehicle” is defined as:

“Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.”

This means that ATVs, UTVs, golf carts, and even scooters and bicycles fall within the scope of Pennsylvania’s DUI law. If you were arrested for DUI while behind the wheel (or handlebars) of anything that qualifies as a vehicle under Pennsylvania’s DUI law, you will need to be prepared to fight your DUI in court. Here too, this is true regardless of whether you were arrested on public or private property.

3. Prosecutors Don’t Need Your BAC to Prove You Were Driving Drunk

Another common misconception about DUI cases in Pennsylvania is that prosecutors need your blood alcohol concentration (BAC) to secure a conviction. This is not the case. As you can see from Pennsylvania’s “general impairment” law quoted above, prosecutors can pursue DUI charges based on either:

  • “[I]mbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving . . . ;” or,
  • “[I]mbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least 0.08% . . . .”

If your alcohol consumption renders you “incapable of safely driving,” you can face a DUI conviction regardless of your BAC. Prosecutors can use a variety of types of evidence to prove impairment when a driver’s BAC isn’t available, and fighting to avoid a conviction in these cases requires the ability to successfully challenge these types of evidence in court.

Regardless of the facts of your case, you are facing serious consequences if you’ve been arrested for DUI in Pennsylvania. To minimize your risk of facing unnecessary consequences, you should start working on your defense right away. While you may have a variety of defenses available, it is up to you to do what is necessary to protect yourself.

Schedule a Confidential Consultation with Philadelphia DUI Defense Lawyer Brian Fishman

If you need to know more about defending against a DUI charge after an arrest on private property in Pennsylvania, we encourage you to contact us right away. To schedule a confidential consultation with Philadelphia DUI defense lawyer Brian Fishman as soon as possible, call 267-758-2228 or tell us how we can reach you online now.