Many people assume they can avoid a DWI charge if they are on private property, but that is not always true. Missouri law does not always make a clear distinction between public roads and private property in these cases.
Missouri DWI laws and private property
Missouri’s DWI laws prohibit driving while intoxicated anywhere within the state. The law states that a person commits a DWI if they operate a motor vehicle while under the influence of alcohol or drugs. The law does not specify that this must happen on a public road, which means someone can get a DWI even when driving on private property.
Police officers have the authority to investigate DWI offenses in many places, including private roads, parking lots, and driveways. If an officer sees someone driving erratically or receives a report about an intoxicated driver, they may take action. This includes giving field sobriety tests, breath tests, or making an arrest.
Examples of DWI charges on private property
There are several situations where someone could get a DWI on private property. One common example is a person driving drunk in a large parking lot. Even though the lot is private property, officers can still charge the driver with a DWI.
Another example is a person driving intoxicated on a private road or in a gated community. If the road is open to multiple residents or visitors, police can enforce DWI laws there. A person could also get a DWI in their own driveway if they are operating the vehicle while impaired.
Some places, such as farmland or large private estates, rarely get close monitoring. However, this does not mean a DWI is impossible. If an intoxicated driver causes an accident or injury on private property, law enforcement may still investigate and file charges.
Getting a DWI on private property can have the same consequences as one on a public road. The safest choice is to never drive under the influence, but anyone who does face DWI charges has options for fighting the accusations.