DUI on Private Property
Can a person be arrested for DUI if the person drove (or was in actual physical control) while on private property only? A related question is whether the DHSMV can administratively suspend a driver’s license after a DUI offense that occurred on private property?
The short answer to both questions is “yes,” although as a practical matter, an arrest on private property might be less likely.
When no crash occurs, the arresting officer is typically not allowed to make a warrantless arrest for DUI unless each element of the DUI occurs in the officer’s presence which is less likely when the DUI occurs on private property. When an officer enters private property illegally to gather such evidence, a DUI defense lawyer might file a motion to suppress that illegally gathered evidence.
Florida’s DUI statute, Section 316.193, criminalized driving or being in actual physical control of a vehicle “within this state” while under the influence of alcohol or chemical or controlled substances or having a BAC of .08 or above.
Section 316.193 contains no language distinguishing between public roadways and private property, including a private driveway. So, when the statute says “within this state,” does it apply to anywhere within the physical boundaries of the State of Florida, or does it apply only to the public streets, public highways, and those private thoroughfares open to public use?.
To focus exclusively on the phrase “in this state” ignores the language of section 316.640, Florida Statutes, which provides, in part, that counties and municipalities shall enforce state traffic laws on: “all the streets and highways thereof and elsewhere throughout the county wherever the public has the right to travel by motor vehicle. In addition, the sheriff’s office may be required by the county to enforce the traffic laws of this state on any private or limited access road or roads over which the county has jurisdiction pursuant to a written agreement entered into under s. 316.006(3)(b).”
See Section 316.640(2)(a) and (3)(a), F.S. State traffic laws distinguish between driving on public roads versus private thoroughfares, including a private lot or driveway within a gated subdivision.
In Zink v. State, 448 So. 2d 1196 (Fla. 1st DCA 1984), however, the court denied the motion to suppress evidence from a DUI arrest that occurred while a person was trespassing by “spinning donuts” in the dirt of a construction site on private property owned by a third party because the driver had “no possessory or proprietary interest in the property.” The Zink Court declined to adopt any interpretation of the precise terminology of section 316.193(1)(a) since the phrase “within this state” is not ambiguous and indicates the legislature’s intent to encompass all lands in the state.
On the other hand, in State v. Day, 96 Wn.2d 646, 638 P.2d 546, 548 (1981), a case from the State of Washington with DUI laws similar to Florida’s DUI laws, the court concluded that it was an unreasonable extension of the legislature’s police power to prohibit intoxicated persons from driving on private land.
Many believe the courts in Florida should read the statute to say that a driver on private land, who poses no danger to the general public, is exempt from regulation under Florida’s DUI statute.
Attorney for DUI on Private Property in Florida
In Florida, the issues surrounding whether a DUI can occur on private property are not well settled. These cases depend on the unique facts of the case. An experienced attorney can help you present the facts and legal arguments while those issues are litigated in the courtroom.
The attorneys at Sammis Law Firm pay attention to these types of issues. We file and litigate motions with novel issues. Our goal is to help our client get the charges dropped or dismissed based on these types of unique issues.
We represent clients throughout the greater Tampa Bay area including in Hillsborough County, Pinellas County, Pasco County, Polk County, and all the surrounding counties.
Call 813-250-0500.
Recent Case Law on DUI on Private Property
In Salloum v. DHSMV, Case No. 25-CA-2050, 13th Judicial Circuit (March 2, 2026) the driver argued the Hillsborough County sheriff’s deputies lacked jurisdiction, in the absence of a written agreement pursuant to section 316.006, Florida Statutes, to conduct an investigation on private property. The court found that because law enforcement was summoned to the scene of an accident involving an injury, as opposed to enforcing traffic laws on private property, it lawfully gathered evidence that developed reasonable suspicion that a crime had occurred. Therefore, the sheriff’s deputies had jurisdiction to investigate and arrest the driver.
The court in Salloum found:
Where officers are called to the private property or are otherwise present for purposes other than traffic enforcement, Florida courts have found that the DUI investigation was lawful and have upheld related DUI charges. In Zink v. State, 448 So. 2d 1196 (Fla. 1st DCA 1984), a construction foreman called the officer to the scene because Zink was harassing workers at the construction site by trying to run them over with his car. The officer arrived and observed Zink “spinning donuts” on the property. Id. at 1196-97. An investigation and DUI arrest followed. The county court denied Zink’s motion to dismiss his DUI charge based on an argument that he could not be so charged because his offense occurred on private property. The circuit court affirmed the lower court’s denial, and the district court of appeal denied Zink’s petition for certiorari relief. Id. at 1196.
The court explained that section 316.193(1)(a) makes it unlawful for a person to drive or be in actual physical control of a motor vehicle in this state while under the influence of alcohol to the extent that his normal faculties are impaired, and that “it is not objectionable that the Florida Legislature has chosen to apply the statutory prohibition against driving while under the influence of alcohol more broadly throughout the state than certain other prohibitions contained in chapter 316.” Id. at 1197. The court explained that “the phrase ‘within this state’ is not ambiguous and very lucidly indicates the legislature’s intent to encompass all lands in the state” (emphasis added).
Here, Petitioner was suspected of committing a DUI offense on private property after law enforcement and county fire rescue responded to the scene of a one-car accident in which Petitioner was the driver. Extending Petitioner’s argument on this point to its logical conclusion, law enforcement would be barred from investigating crimes occurring on private property. Because that is not the law, this Court finds that law enforcement had jurisdiction to investigate, and, ultimately, arrest Petitioner on the property.
Additional Resources
Florida DUI on Private Property – Visit the website of the Florida Attorney General, Ashley Moody, to learn more about Advisory Legal Opinion AGO 2004-29, dated June 18, 2004. The opinion concerns how DUI prohibition applies to all roads in the state.
This article was last updated on Friday, January 23, 2026.
