FREE CASE EVALUATION

Question: Can I be charged with DUI if I am on private property in Maryland?

Answer: Yes, you can be charged with a DUI on private property in Maryland. So, and the interesting thing is if you are driving a car on private property, or actually driving a motorcycle like a dirt bike or a quad, or even a bicycle, believe it or not, or even a golf cart on private property, you can still receive a DUI because first of all, a vehicle is defined as anything that is engineered to move a human being. So that’s where a golf cart, bicycle or a horse actually could come into play as far as a vehicle is concerned.

But the fact that you are on private property, the definition of private property would be some property that is owned privately, however that the public could use in general. So for example, private property of a parking lot that the general public may use to park on would qualify as accessible for a DUI. If it was somebody’s front yard, for example, that they were driving a dirt bike on their own front yard, I think that would be a little more arguable that a DUI would not qualify in that situation.

But then again, the police are unlikely to give you a DUI for driving on your own front yard. But it’s these access streets that you see or some other type of an off-the-beaten-path street, a utility street or private parking lot or anything like that and the test is, is it private property that’s used by the public at large? And that’s fairly expansive term, and anything in that situation would qualify for a DUI unless it was a very strictly, strictly private and nobody drives on it except for the owner, and then you might have a better argument under those circumstances.

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