A DUI is a serious offense with potentially life-changing consequences, making it essential to take immediate legal action to protect your rights and future. A DUI arrest can result in the immediate suspension of your license, followed by possible jail time, hefty fines, probation, and community service. It is possible for someone to be charged with a DUI on public and private property within the state. If you’ve been charged with a DUI in California, it is critical to contact an experienced criminal defense attorney as soon as possible to plan your DUI defense.
Understanding California DUI Laws
California Vehicle Code 23152 outlines the state’s definition of “driving under the influence”, or a DUI. A person is legally considered as “under the influence” when their blood alcohol concentration (BAC) exceeds the legal limit of .08. DUI charges can also apply when a driver is impaired by drugs, whether prescription, over the counter, or illegal, if those substances affect their ability to drive safely.
Can You Be Arrested for a DUI on Private Property?
A person can be arrested for a DUI on private property in California. A common misconception is that DUI laws only apply to public roads. However, state law makes it clear that DUI law can extend to both public and certain private properties, as they are still under the jurisdiction and control of the state of California. This includes private driveways, business parking lots, and other privately owned business or areas that are accessible to the public. If you’re impaired and driving in these areas, even if you’re technically on “private property”, you can still be arrested and charged with a DUI.
You Don’t Even Have to Be Driving to Get a DUI
Another surprising aspect of California DUI law is that you don’t have to be driving to be charged. Under the law, having actual physical control of a vehicle while intoxicated can be enough to warrant an arrest. This means that even if you’re parked in your own driveway, pulled over on the side of the road, or simply resting or sleeping in the driver’s seat while parked. It doesn’t matter whether you’re on public or private property, if your BAC is over the legal limit and you’re found to be in control of a vehicle, you can be arrested and prosecuted for a DUI.
Penalties for DUI in California
Even a first-time DUI offense carries serious consequences, including:
- Jail time: Up to 6 months
- License suspension: 6 to 10 months
- Fines: Between $390 and $1,000
- Probation: Ranging from 3 to 5 years
- DUI education programs: Ranging from 3 to 9 months
- Community service: Often 30+ hours
These penalties increase dramatically for repeat offenses or if the DUI incident involved an accident, injuries, or fatalities.
Why You Need a DUI Attorney on Your Case
Navigating the legal and administrative process after a DUI arrest can be overwhelming. You must not only deal with criminal court but also the administrative process with the California DMV, which will suspend your license automatically unless you request a hearing within 10 days of your arrest. Hiring a skilled DUI attorney early in the process can make a significant difference. An experienced lawyer can examine the evidence against you, challenge the legality of the traffic stop or arrest, and argue for reduced penalties or even a dismissal.
Contact The Law Office of Nicolai Cocis Today
Whether your DUI arrest occurred on a public highway or in your own private driveway, the legal consequences are real and potentially serious. California law does not make exceptions for private property when public access is involved, and simply being in control of a vehicle while intoxicated is enough to bring DUI charges. At The Law Office of Nicolai Cocis, we understand the intricacies of California DUI law and are committed to aggressively defending your rights. If you’ve been arrested for DUI, don’t wait. Our office is conveniently located near the Southwest Justice Center in Murrieta, California. Contact us to schedule a confidential consultation.
