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Published on 8/1/2025, 10:30:00 AM

Can You Get a DUI on Private Property in Maryland?

Yes, you can be charged with a DUI even if you're on private property in Maryland. The law doesn't restrict DUI enforcement to public highways. If you're impaired and operating a vehicle you could face the same penalties as if you were on a public road.

Maryland DUI Laws Apply Broadly - Not Just on Public Roads

A common misconception is that DUI laws only apply on streets and highways. But under Section 21-902 of the Transportation Article, Maryland criminalizes driving under the influence anywhere "on or about a highway or on private property that is used by the public in general." That means you can be charged:

  • In a shopping center parking lot
  • On a private driveway
  • In a gated neighborhood
  • Even on farmland, depending on use

The key factor is whether the property is accessible or used by the public - not who owns it.

What Counts as "Driving" Under Maryland Law?

Even sitting behind the wheel in your driveway with the keys in the ignition while intoxicated could trigger a DUI charge. Maryland courts have held that actual physical control of a vehicle can be enough for a conviction. For example, having the engine running while parked.

Learn more about what constitutes physical control in DUI cases.

Examples of DUI on Private Property

Here are scenarios where DUI charges can stick, even off public roads:

  • Backyard parties: Driving a golf cart or ATV while drunk
  • Farmers: Operating a tractor while impaired on a dirt path
  • Private parking lots: Doing donuts in a store parking lot at night
  • Apartment complexes: Driving through internal roadways under the influence

If there's evidence you were impaired and operating a vehicle, police can and often do make arrests.

What About Truly Private Land?

If the land is completely restricted from public access (think a locked gate, no trespassing signs, or fenced private farmland), DUI charges may be harder to justify. But this is a narrow exception. Most private property open to any guests, residents, or customers counts as "used by the public."

Possible Defenses to DUI on Private Property

While the DUI laws are expansive, there are still legal strategies that may apply:

  • Challenging the stop: Was there a legal basis for the officer to be on private land?
  • No operation: You weren't driving or in actual control of the vehicle.
  • Lack of access: The area was not accessible to the general public.
  • Improper testing: Issues with field sobriety or breathalyzer results.

These are just a few options. A case review with an experienced Maryland DUI lawyer is essential.

Penalties Are the Same-No Matter the Location

Don't expect leniency just because it happened on your own land. Maryland penalties for DUI include:

  • Jail time
  • Fines
  • License suspension
  • Mandatory ignition interlock for repeat offenses
  • Alcohol treatment programs

If this is your second or third offense, the consequences can be even more severe.

Arrested on Private Property? Here's What to Do

First, don't assume the charge is bogus just because of where it happened. Maryland takes DUI enforcement seriously in all locations.

Second, consult a lawyer right away. At FrizWoods, we routinely handle complex DUI cases involving private property and know how to challenge overreaching prosecutions.

FAQs

Q: Can police enter private property for a DUI stop?

A: In many cases, yes, if they're responding to a public safety concern or observed you driving beforehand.

Q: Does a gated neighborhood count as public or private?

A: It depends. If non-residents can still access it (via deliveries, guests, etc.), it likely counts as "used by the public."

Q: Is a DUI charge more defensible if it happened in my driveway?

A: Possibly. If no one else had access and there was no risk to the public, that can be part of a legal defense.

For more information, visit our DUI Defense page or schedule a free consultation with a local DUI lawyer.