Can You Get a DUI If You Are on Private Property in New Jersey?

Many people believe that if they are driving their vehicle while intoxicated on their private property, they cannot be arrested or convicted of DUI. For example, you might be pulling into or parked in your driveway. You could be driving in your private gated community. You could also be parked in a friend’s or neighbor’s parking lot or at a bar, restaurant, or nightclub.

Unfortunately, this belief is inaccurate. The only requirement for a DUI is that an individual be in actual physical control of a vehicle while intoxicated, whether they are on private or public property. Realistically, even if you begin driving or drive on private property, you likely will drive on public property at some point during your drive. Furthermore, even if you drive solely on private property, you still could injure another person by driving while intoxicated.

Additionally, an individual also need not be driving at the time for a law enforcement officer to arrest them for DUI, so long as they are “operating” the vehicle. Under New Jersey law, courts have interpreted “operating” a vehicle as having the intention to drive the vehicle.

What It Means to Be in Physical Control of a Vehicle

A court determines whether a person was in physical control of a vehicle based on the relevant circumstances. For instance, the court is likely to consider the following circumstances in deciding whether an individual was in physical control of a vehicle for a DUI charge:

• Whether the individual had the car keys in their possession;
• Whether the car engine was turned on; and
• Where the individual was seated in the vehicle.

If the court finds that the individual was in physical control of the vehicle, the individual may face a DUI charge. Even if the individual is parked in their driveway or otherwise pulled over, they can be charged with DUI. Likewise, if the individual is “sleeping it off” or passed off in a stopped vehicle, they can be charged with DUI. An individual does not have to be driving or in a moving vehicle to face a DUI charge under New Jersey law. No matter whether they are on public or private property, being in physical control of a vehicle with a blood alcohol content of 0.08% or greater is likely to result in a DUI charge.

Potential Defenses to DUI

Even if you face a DUI charge while intoxicated on private property, you may have defenses available to you. For example, you can argue that you were not in physical control of the vehicle, as outlined above. If you can prove that you were not in physical control of the vehicle at the time of your arrest, then you may be able to defeat the DUI charges against you.

Furthermore, a law enforcement officer must have reasonable cause to pull you over, detain you, or make an arrest for DUI. If the officer had no reasonable cause to approach you or detain you on your private property, you may have a valid defense to the DUI charges you are facing.

Likewise, the law enforcement officer must properly administer chemical tests according to the law. If the officer fails to administer these tests appropriately or legally, you may have a defense to the DUI charges.

Speak to an Experienced DUI Lawyer Today

No matter the circumstances surrounding your DUI arrest, consulting an experienced DUI attorney can be critical. At Rosenberg, Perry & Associates, LLC, we are committed to protecting your rights and advocating on your behalf against DUI or other criminal charges that you may be facing. Contact our offices for an appointment today by calling (609) 216-7400 or looking us up online.

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