DUI on a Private Road: No one saw Tiger Woods in the vehicle. The probability that he drove it is not enough. Yes, an individual can be legally convicted of a DUI on private property in Florida. Because Florida Statute § 316.193 applies anywhere "within this state," prosecutors are not required to prove the vehicle was driven on a public road or highway to secure a conviction. Elements Required for Conviction To obtain a conviction for a private property DUI, the state only needs to prove two core elements beyond a reasonable doubt: Control: The person was driving or in "actual physical control" of a vehicle. Impairment: The person was under the influence of alcohol, drugs, or chemical substances to the extent that their normal faculties were impaired, or had a blood/breath alcohol concentration (BAC) of 0.08 or higher. How Florida Courts Treat Private Property Driveways and Parking Lots: Sitting in the driver's seat with the keys in the ignition—even if parked in a private residential driveway, a private parking lot, or a gated community—meets the legal threshold for actual physical control. Golf Courses and Private Fields: Operating a vehicle or golf cart while impaired on a private golf course or private land falls fully under statutory jurisdiction. Judicial Precedent: Florida appellate courts (e.g., State v. Lopez) have affirmed that the Florida Legislature deliberately omitted "upon the highways of this state" language from the DUI statute to ensure public safety anywhere a motor vehicle can be operated. CLICK HERE.

DUI on a Private Road:  Yes, an individual can be legally convicted of a DUI on private property in Florida. Because Florida Statute § 316.193 applies anywhere "within this state," prosecutors are not required to prove the vehicle was driven on a public road or highway to secure a conviction.

Elements Required for Conviction To obtain a conviction for a private property DUI, the state only needs to prove two core elements beyond a reasonable doubt:

• Control: The person was driving or in "actual physical control" of a vehicle.
• Impairment: The person was under the influence of alcohol, drugs, or chemical substances to the extent that their normal faculties were impaired, or had a blood/breath alcohol concentration (BAC) of 0.08 or higher.

How Florida Courts Treat Private Property

• Driveways and Parking Lots: Sitting in the driver's seat with the keys in the ignition—even if parked in a private residential driveway, a private parking lot, or a gated community—meets the legal threshold for actual physical control.
• Golf Courses and Private Fields: Operating a vehicle or golf cart while impaired on a private golf course or private land falls fully under statutory jurisdiction.
• Judicial Precedent: Florida appellate courts (e.g., State v. Lopez) have affirmed that the Florida Legislature deliberately omitted "upon the highways of this state" language from the DUI statute to ensure public safety anywhere a motor vehicle can be operated.

Defenses Specific to Private Property DUIs While the private nature of the property does not grant immunity, it often opens up distinct legal defenses that can prevent a conviction:

• Unlawful Police Entry (Fourth Amendment): Law enforcement cannot enter the "curtilage" of a home (a private driveway, gated yard, or garage) without a warrant, consent, or exigent circumstances (such as hot pursuit). If officers trespassed to conduct the DUI investigation, any evidence gathered (breath tests, field sobriety observations) can be suppressed.
• Inoperable Vehicle Defense: If the car was broke down or mechanically incapable of running while on private property, the state may fail to prove "actual physical control."
• Relinquished Control: If the driver was using the car purely as a shelter (e.g., sleeping in the back seat with the engine off and keys placed in the trunk or outside the vehicle), courts may rule there was no actual physical control.