Can I be charged with DUI in Utah if I am driving on private property?
A DUI charge in Utah can be filed against you whether you are driving on a public road or highway, or are stopped in your own driveway. Utah DUI laws apply both on public roads and on private property, and the consequences can be serious.
A first misdemeanor DUI can be punished with 180 days in jail and more than $1000 in fines (including surcharge). Penalties increase for second or subsequent DUI charges, or in cases involving accidents, or in cases where a child is present in the vehicle. For a third DUI in a ten-year period, prosecutors can file a felony charge carrying the potential of substantial prison time.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
If you are facing DUI or other criminal charges in Utah, the assistance of an experienced defense attorney can be critical. Contact us now to arrange for an confidential consultation.
Private Property Exceptions under Part 5 of the Utah Traffic Code
Utah’s DUI statutes are a part of the “traffic code” under Title 41, Chapter 6a of the Utah Code. Section 41-6a-201 provides that the crimes under the traffic code generally apply only to public roads. But this section also specifically states that Part 5 (DUI and Reckless Driving) of the traffic code applies both upon public roads as well as “elsewhere throughout the state.” This phrase has been interpretted by Utah courts as making the DUI and reckless driving provisions of the traffic code applicable on both public and private property.
For most Utah traffic code violations, to be charged you must be driving or operating a vehicle on a public road or in a public place. But under the “elsewhere throughout the state” exception of Section 41-6a-201, Utah’s drunk driving laws apply without regard to whether you are on private property. Even if you are just pulling your car from your own driveway into your garage, an officer may still cite you for DUI.
A good attorney will talk with you about how your case can affect your job, education, family, and future.
The crimes that come under this private property exception include:
- 41-6a-502 – DUI
- 41-6a-502.5 – Impaired Driving
- 41-6a-517 – Driving with Measurable Controlled Substance or Metabolite
- 41-6a-518.1 – Tampering with Ignition Interlock System
- 41-6a-518.2 – Interlock Restricted Driver
- 41-6a-528 – Reckless Driving
- 41-6a-530 – Alcohol Restricted Driver
(Note: Utah Code 41-6a-526, prohibiting the consumption of alcohol or possession of anย open containerย of alcohol in a vehicle, is found in Part 5 of the traffic code. But the specific provisions of this section limit its applicability to public roads.)
Many of the offenses listed under the traffic code are not viewed as being serious offenses, and do not count against a person’s expungement eligibility. But the offense in Part 5 of the traffic code involving DUI and related offenses are often treated very seriously by prosecutors and by judges. These offenses can also be included in a person’s official criminal history, and will considered by BCI in determining expungement eligibility for other offenses as well.
A good defense strategy should be designed to help you achieve your goals.