Understanding Your Rights, Police Limitations, and the Role of a Florida DUI Defense Attorney
When people think of DUI arrests, most picture traffic stops on public highways. But what happens when you're on private property—like your own driveway, a gated neighborhood, or a private parking lot? Can the police still charge you with DUI even if you never left private property? The answer may surprise you. As a Florida DUI defense attorney, I’ve represented countless clients who believed that being on private land offered some level of immunity. Unfortunately, Florida law doesn’t always work that way.
Let me break this down clearly. DUI laws in Florida apply whether you’re on a public road or, in some cases, on private property. But that doesn’t mean every arrest is valid. Law enforcement must still follow constitutional requirements. I’ve seen cases fall apart because officers overstepped their boundaries—stopping someone unlawfully, failing to properly administer a breath or blood test, or relying on body cam footage that contradicted their report.
The Basics: Can You Be Charged With DUI on Private Property?
In Florida, DUI is defined as being in actual physical control of a vehicle while impaired by alcohol or drugs to the extent your normal faculties are affected, or having a blood alcohol level (BAL) of 0.08% or higher. Florida Statutes do not require that the driving take place on public roads. That means technically, a DUI arrest can happen on private property—even if the vehicle isn’t moving.
The key phrase is “actual physical control.” If you’re sitting in the driver’s seat with the keys in the ignition—even in a private parking garage—you may fall within the scope of Florida’s DUI statute. However, that doesn't mean the arrest is automatically lawful.
Police still need a legal basis for their contact with you. If they were trespassing on private land or lacked probable cause or reasonable suspicion, that could make your arrest invalid.
Common Scenarios Where DUI Charges Happen on Private Property
I've defended clients in situations like:
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Sitting in their car in a private driveway after a night out
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Passed out in the driver’s seat in a parking lot with the engine running
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Attempting to move a vehicle inside a gated residential community
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Driving inside a privately owned campground or mobile home park
In each of these cases, the location was not on a public highway—but arrests were still made. The good news? Many of those charges didn’t stick because officers failed to follow proper procedures, or there were serious flaws in the investigation.
Body Cam Footage and DUI Defense on Private Property
One of the most powerful tools in any DUI defense is the officer’s own body cam footage. Body cam video often tells a very different story than what the police report claims.
In one case I handled, my client had pulled into a privately-owned apartment complex to sleep it off in their car. The officer’s report stated my client was belligerent, slurring, and nearly fell over. But the body cam footage? It showed my client was calm, polite, and cooperative. That footage was a game changer. We filed a motion to suppress the evidence, and the prosecutor dismissed the case before it even went to trial.
That’s why it’s crucial to get a private attorney who knows how to obtain and review every second of available footage. You can’t afford to rely on what the arresting officer claims.
Faulty Test Procedures: Another Common Problem
Many DUI arrests rely on chemical tests—breath, blood, or urine. But these tests are only valid if administered properly. On private property, things often get rushed or done out of order.
I’ve reviewed cases where:
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The officer skipped the observation period before giving a breath test
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Breathalyzer calibration logs were missing or incomplete
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Blood was drawn without consent or a warrant
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Urine tests were taken under questionable conditions
All of these issues can create reasonable doubt or lead to suppression of key evidence. But spotting these flaws takes experience and determination. A public defender might not have time to do a deep dive into testing procedures. I will.
When Is a Stop on Private Property Illegal?
Let’s say you're parked in a private parking lot. You’re not blocking traffic. You're not creating a danger to others. Can police just walk up, start asking questions, and demand you perform field sobriety exercises?
In many cases, no. Unless the officer had a lawful reason to enter the property or make contact—such as a 911 call, a welfare check, or witnessing an actual crime—the stop may be unlawful. Without reasonable suspicion or probable cause, anything gathered during that encounter could be thrown out.
Florida courts have ruled that the Fourth Amendment protections against unreasonable searches and seizures still apply on private property. I’ve filed countless suppression motions based on illegal entry or unlawful detention, especially when there’s no warrant, no consent, and no emergency.
Real Case Example: DUI Dismissed After Private Property Arrest
I represented a client who was arrested for DUI while parked in their own driveway. A neighbor had called the police about a loud radio. When officers arrived, they claimed they saw the client "move" the car slightly.
Here’s what we found after reviewing the body cam and speaking with witnesses:
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The vehicle never left the driveway
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There was no engine movement or driving
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Officers entered the gated property without consent or exigent circumstances
We filed a motion to suppress all evidence based on an unlawful warrantless entry. The judge agreed. Case dismissed.
This result wouldn’t have happened without a private DUI defense attorney reviewing every detail. A public defender may not have the time or resources to push back that hard.
Defenses Against DUI on Private Property
Here are just a few defenses that might apply:
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No actual physical control: You weren’t operating or capable of operating the vehicle
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Unlawful entry: Police entered private property without consent or legal justification
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No reasonable suspicion or probable cause: The stop was not supported by evidence of wrongdoing
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Improper test procedures: Breath, blood, or urine tests were flawed
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Body cam contradiction: Video undermines the officer’s version of events
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Medical explanations: Your behavior was due to a health issue, not impairment
Each of these defenses must be tailored to the facts of your case. And that takes time, strategy, and aggressive legal representation.
Florida Statutes and Legal Considerations
Florida’s DUI laws are found in Chapter 316, particularly under §316.193. The law covers actual physical control of a vehicle while impaired. It does not limit that control to public highways.
That said, other legal principles still apply—such as Fourth Amendment rights, warrant requirements under Florida Constitution Article I, and the legal standards for consent, exigency, and lawful entry. If the officer’s contact with you began unlawfully, everything that followed can be challenged.
A skilled Florida DUI defense attorney will evaluate every statute and precedent that applies to your arrest. That’s what makes a real difference in outcomes.
Why a Private Attorney Matters in Private Property DUI Arrests
Here’s the reality. When police make questionable arrests on private property, the burden shifts to the defense to challenge it. You need someone who will go beyond the surface, who will:
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Subpoena all available footage and testing logs
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Demand proof of proper officer conduct
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Fight to suppress illegally obtained evidence
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Push prosecutors toward dismissal or reduced charges
Public defenders, while often capable, are overworked and may not have time to dig into every corner of your case. That’s why hiring a private DUI attorney is one of the most important decisions you can make.
Florida DUI Defense Attorney – Frequently Asked Questions
Can I be charged with DUI if my car wasn’t moving?
Yes. Florida law allows DUI charges if you were in “actual physical control” of the vehicle, which can include sitting in the driver’s seat with the keys in the ignition. However, your attorney can argue you were not intending to drive or were using the car as shelter, which may be a defense.
Do DUI laws apply to private property in Florida?
They can. Florida statutes don’t require DUI offenses to happen on public roads. But the legality of the officer’s actions—such as how they entered the property—can affect whether the evidence is admissible.
What if I was parked in my own driveway?
If you were on your private property, the police may need a warrant, valid consent, or emergency circumstances to enter and arrest you. If they lacked those, your defense lawyer can seek to suppress the arrest and evidence.
Can body cam footage help me in court?
Absolutely. Body cam footage can reveal if officers made mistakes, exaggerated your behavior, or violated your rights. It's one of the first things I request when taking on a new DUI case.
What if the breath test was done incorrectly?
Improper administration of a breath test can result in suppression of that evidence. Officers must observe you for a set period before the test and use a properly calibrated machine. A private attorney will check every part of the testing protocol.
Can a DUI on private property still lead to license suspension?
Yes. A DUI arrest, regardless of where it occurs, can trigger administrative license suspension. You must act quickly—within 10 days—to request a hearing with the DMV. I handle this as part of the defense process.
Will a public defender fight this the same way a private lawyer would?
Public defenders do important work, but they carry heavy caseloads and often can’t give your case the time it deserves. A private Florida DUI defense attorney can thoroughly investigate your arrest and tailor a stronger defense.
How do I know if the police violated my rights?
That’s what I help you figure out. I analyze every part of the case: how the officer arrived, what they saw, how they made contact, how tests were conducted, and what the footage shows. Many violations are subtle—but they can be the key to beating the charge.
Contact a Florida DUI Defense Attorney Now
If you’ve been arrested for DUI on private property, don’t assume it’s an open-and-shut case. You may have strong defenses—but only if someone takes the time to find them.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.