đźš— Can You Get a DUI on Private Property in Florida?
Most people think DUI laws only apply on public roads. But in Florida, that’s a costly misconception. If you’re arrested for DUI in a parking lot, gated community, or even your own driveway, you could still face full penalties under the law.
Let’s break down what you need to know if you’re charged with DUI on private property in Fort Lauderdale or South Florida.
đź‘® Can Police Arrest You for DUI on Private Property?
Yes. Under Florida law, DUI statutes apply to any location within the state—not just public highways.
You can be arrested for DUI in places like:
- Apartment complex parking lots
- Private driveways or farmland
- Gated communities
- Shopping center garages
- Private club or resort roads
If you’re found to be driving or in physical control of a vehicle while impaired or with a BAC of 0.08% or higher, you can be charged—regardless of the setting.
📌 Related: 👉 Know Your Rights After a DUI Arrest
🏠What Qualifies as Private Property?
Florida law broadly defines private property for DUI purposes. It includes:
- Mobile home parks
- Condo and apartment roads
- Business and retail parking lots
- Privately owned fields, trails, or rural roads
In short, anywhere you can drive—even if it’s not open to the general public—can fall under DUI laws.
🪑 What Is “Physical Control” Under Florida DUI Law?
You don’t have to be actively driving to get a DUI. Florida also prosecutes drivers who are in physical control of a vehicle while impaired.
Examples include:
- Sitting in the driver’s seat with keys in the ignition
- Sleeping in your car with the engine running
- Sitting behind the wheel in a parking lot while impaired
🛺 What Types of Vehicles Count for DUI in Florida?
Florida DUI laws apply to more than just cars. You can be arrested while operating:
- Golf carts
- ATVs or dirt bikes
- Electric scooters or e-bikes
- Ride-on lawnmowers
- Motorized wheelchairs
- Horse-drawn carriages
If it moves and you’re operating it while impaired—it qualifies.
🚨 Penalties for DUI on Private Property
The penalties are the same as if the offense occurred on a public road. These include:
- Fines starting at $500
- Jail time for repeat offenses
- License suspension (minimum 6 months)
- Mandatory DUI school and community service
- Ignition interlock device (for certain offenses)
📌 Related: 👉 License Suspension After a DUI in Florida
🛡️ Why You Need a Fort Lauderdale DUI Lawyer
At Michael White, P.A., we defend clients throughout Fort Lauderdale, Broward County, and South Florida who are charged with DUI—whether on public streets or private property.
We may be able to challenge:
- The legality of the stop or arrest
- Whether you were in actual physical control
- The reliability of chemical tests
- Gaps in officer testimony or procedure
📲 Call (954) 270-0769 or schedule your free consultation today.
đź’¬ Frequently Asked Questions: DUI on Private Property in Florida
Q1: Can you get a DUI in a parking lot in Florida?
A: Yes. DUI laws apply to parking lots, apartment complexes, and other private spaces.
Q2: Do penalties differ if I was on private land?
A: No. The penalties are the same—fines, license suspension, jail time, and more.
Q3: Can I be arrested while sitting in my car?
A: Yes. If you’re impaired and in physical control, you can be charged—even if not actively driving.
Q4: Do DUI laws apply to golf carts and scooters?
A: Absolutely. DUI laws cover any motorized vehicle, including golf carts, e-bikes, and even lawnmowers.
Q5: Will my license be suspended for a DUI on private property?
A: Yes. Administrative and criminal DUI penalties apply, no matter the location.
