In the past, it was not illegal to drink and drive in areas that were designated as private property. Although some states still restrict the offense of a DUI to public property, in Oklahoma, you can be charged with a DUI while operating a motor vehicle on private property. It is not safe to assume that just because you are on private property, you are immune from an arrest or conviction.
There are very few places left where a person can legally drive drunk anywhere. In fact, you do not even need to be actually driving a vehicle to be charged with a DUI in Oklahoma. You simply need to be intoxicated and “in control” of that vehicle. This would include sitting in the driver’s seat of a car or truck with the keys in the ignition. This means that technically, you could be arrested in your own driveway, even if you do not have your vehicle started.
There are three different field sobriety tests which the alleged offender will be given in order to determine whether he or she has in fact been driving under the influence: the horizontal gaze test, the walk and turn, and the one leg stand test. Failure of one or more of these tests can result in an arrest.
Some common scenarios where DUI arrests may occur on private property:
- Bar parking lots
- Convenience store parking lots
- Stadium parking lots
- Dirt roads used for ATV and motorcycle riding
- Golf courses
If you have any further questions, please contact Atkins and Markoff immediately.