Can I Be Charged With a DUI if I Was On Private Property?

If you are driving home after having one too many drinks, you may assume that once you have pulled into your driveway, a parking lot, a gated community, or any other area that is considered private property, you cannot be pulled over and charged with a DUI. However, a DUI is a severe offense in Georgia, and you can be charged with a DUI whether you are pulled over on a public road or private property.

If you were charged with a DUI while driving on private property, do not hesitate to contact a criminal defense lawyer who can review the charges and recommend the best legal options.

What Are the Potential Penalties for a DUI on Private Property in Georgia?

Penalties for a DUI can be severe, even if you were driving on private property at the time. Depending on your blood alcohol concentration (BAC) and the nature and severity of the accident, the penalties may be severe, including steep fines and a suspended license to a prison sentence.

The following are examples of potential penalties you may face based on whether this is your first offense or you have been charged with a DUI on multiple occasions:

  • If your BAC exceeds the legal limit, your driver’s license may be suspended for one year.
  • If your BAC is below the legal limit,  you may receive a limited driving permit, which will only allow you to drive to limited locations.
  • If this is your first offense, possible penalties include a minimum sentence of 24 hours in jail, fines of at least $300, and community service. You may also be required to complete DUI school and undergo a substance abuse treatment program.
  • If this is your second or third offense within five years, you may be charged with an aggravated misdemeanor, which may carry a fine of up to $5,000, a minimum 240-hour community service requirement, and probation for 12 months. In addition, you may be required to complete a mandatory drug program and undergo random alcohol and drug screenings.

What Should I Do if I Was Charged With a DUI While I Was Parked?

To be charged with a DUI, you must be in actual physical control of your vehicle.  If you were in your car, the keys were in the ignition, and the vehicle was running, this is typically enough to qualify as “actual physical control.” It is recommended that you consult with an experienced criminal defense lawyer if you have been charged with a DUI.

Savannah Criminal Defense Lawyers at Kicklighter Law Represent Clients Facing DUI Charges

If you were charged with a DUI while on private property, speak with our skilled Savannah criminal defense lawyers at Kicklighter Law. To schedule a confidential consultation, call 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients throughout Effingham County, Savannah, and the surrounding areas.