Were you arrested by Rhode Island police for operating a vehicle under the influence? Were you on private property when you were detained? In this blog, we explain if you can be charged with DUI if you were arrested on private property.
Private Property DUI Laws
In the state of Rhode Island, law enforcement will not care whether you are driving on a public road or private property, if you are operating a motor vehicle under the influence of drugs or alcohol, you can be charged with a DUI. This is because state law does not distinguish between public and private roads when it comes to DUI cases. Rhode Island does not have a “public way” requirement for DUI. Prosecutors in states with “public way” requirements have to prove a DUI suspect was operating the vehicle on a public road, which has a separate definition that does not cover private property.
Arrested for DUI on private property? You still have legal options! Contact us today to protect your rights. Call (401) 312-4385 for a free consultation.
According to Rhode Island DUI law, “Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty.” Under this language, a person can be charged with DUI on both public and private property.
Although you can face DUI charges if you were arrested on private property, a skilled attorney can build a strong legal strategy and raise crucial issues in court to fight the charges against you. This is why it is important to get in touch with a reputable law firm if you have been arrested for DUI.
Legal Defenses for a Private Property DUI
Being charged with DUI on private property does not mean an automatic conviction. Several legal defenses can be used to challenge the charges.
Lack of Probable Cause
Police officers must have a valid reason, known as probable cause, to investigate or detain someone for DUI.
If you were on private property and not causing harm or danger, an officer may have lacked probable cause to approach or arrest you.
If the stop was unlawful, any evidence gathered may be suppressed in court.
Improper Arrest Procedures
Law enforcement must follow proper legal procedures when making an arrest.
If your Miranda rights were not read or officers violated search and seizure laws, this could weaken the prosecution’s case.
An attorney can examine whether police followed protocol and use any violations to challenge your arrest.
Challenging Evidence
DUI cases often rely on breathalyzer results, field sobriety tests, and officer observations.
Breathalyzer Issues – If the device was not calibrated correctly or administered improperly, the results may be inaccurate.
Field Sobriety Tests – These tests are subjective and can be influenced by medical conditions, poor lighting, or uneven surfaces.
Officer Observations – Signs of intoxication like slurred speech or unsteady movement can be caused by fatigue, stress, or medical conditions.
Differences Between Public and Private Property DUI Cases
While Rhode Island law allows DUI arrests on private property, certain legal challenges may arise.
Jurisdictional Challenges
Law enforcement typically has clear authority on public roads, but jurisdiction on private property can be complicated.
If you were on private land not open to the public, such as a farm or private driveway, an attorney may argue that officers had no legal grounds to investigate.
Some locations may have limited law enforcement access, making it harder to prove a valid stop or arrest.
Gated Communities, Driveways, and Parking Lots
Gated Communities – If you were stopped inside a private community, the rules of entry and enforcement can impact the case.
Driveways – If you were parked or just sitting in your car, it may be argued that you were not "operating" the vehicle under DUI law.
Parking Lots – While open to the public, some lots are considered private property, which can lead to legal questions about an officer’s authority.
If you were charged with DUI on private property, an experienced attorney can evaluate your case and explore defense strategies to challenge the charges.
Consult with Our DUI Attorneys
Do you need legal representation for your DUI case? If so, contact our law firm to find out what we can do to protect your rights. At The Law Office of Thomas C. Thomasian, Esq, we are committed to serving DUI clients throughout Rhode Island, and we are prepared to put our skills and experience to work for you today.
Facing DUI charges in Rhode Island? Don’t fight it alone. Contact us now—our experienced attorneys are ready to defend you. Call (401) 312-4385 24/7!