While most people know that South Carolina’s DUI laws prohibit drunk driving on public streets and highways, many people do not realize that the state’s DUI laws apply on private property as well. In South Carolina, the law does not distinguish between driving under the influence on public and private roads—or even between driving under the influence on public and private property in general.
This means that it is possible to get a DUI just about anywhere in the state.
As a result, if you got a DUI on private property in South Carolina, the fact that you were on private property is not a defense in your case. However, you may have other defenses available—and, due to the penalties you are facing, it is important that you defend yourself by all means available.
South Carolina’s DUI Law Applies to Driving on Public and Private Property
The fact that South Carolina’s DUI law applies to driving on both public and private property is made clear in the language of the law itself. Section 56-5-2930 of the South Carolina Code of Laws states:
“It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired . . . . A person who violates the provisions of this section is guilty of the offense of driving under the influence and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished [in accordance with the law].”
As you can see, the law makes no mention of where a person is driving under the influence. While many people find this surprising, it makes sense when you think about it.
Assaults and other violent crimes can be prosecuted regardless of where they occur. While DUI isn’t generally classified as a violent crime (although it can lead to DUI manslaughter or reckless vehicular homicide charges in some cases), like violent crimes, driving under the influence is illegal because of the dangers it presents. Thus, just as it is possible to face criminal prosecution for assaults and other violent crimes on private property, it is possible to face criminal prosecution for driving under the influence on private property as well.
Since it is illegal to drive under the influence on both public and private property in South Carolina, prosecutors can (and do) pursue convictions following DUI arrests in all types of locations. This includes, but is not limited to, locations such as:
- Parking lots and parking garages
- Private neighborhood roads and homeowners’ association (HOA) property
- Private driveways
- Farm tracks and other private roads
- Golf courses, private boat landings, and other similar types of locations
Given that this is the case, if you were arrested for DUI in your neighborhood, in a bar parking lot, or on any other private property, you need to be prepared to fight your drunk driving charge just as you would if you had been arrested on a public road. How can you fight your DUI on private property? Keep reading to find out.
Defense Strategies in DUI Cases Involving Arrests on Private Property
Broadly speaking, there are three ways to deal with any type of DUI charge in South Carolina. If this is your first DUI, your options include: (i) entering into a pretrial diversion program; (ii) seeking a plea deal; or, (iii) fighting your DUI in court. If this is not your first DUI, then entering into a pretrial diversion program likely isn’t an option, and you will need to either target a plea deal or fight to avoid unnecessary consequences in court.
1. Entering Into a Pretrial Diversion Program
First-time offenders can often avoid the consequences of a DUI conviction by entering into a pretrial diversion program. The key features of these programs are as follows:
- They are an option for first-time offenders who are facing a DUI conviction at trial;
- Completing the program involves complying with requirements similar to being on probation; and,
- If you complete a pretrial diversion program successfully, your DUI will be dismissed.
If successfully fighting your DUI in court isn’t a realistic option in your case, then entering into a pretrial diversion program could be your best option under the circumstances at hand. While completing the program will require time and effort, avoiding the life-altering consequences of a DUI conviction will be well worth it in the end.
2. Seeking a Plea Deal
If entering into a pretrial diversion program isn’t an option in your case, then avoiding unnecessary consequences could involve securing a plea deal. Prosecutors will often be willing to consider plea deals in DUI cases; and, while accepting a deal still means facing consequences (typically the consequences associated with a reckless driving conviction), these consequences are nowhere near as severe as the consequences of having a DUI on your permanent record. If you got a DUI on private property, an experienced DUI defense lawyer will be able to help you decide whether seeking a plea deal is your best option.
3. Fighting Your DUI on Private Property in Court
If seeking a plea deal isn’t your best option, then the alternative is fighting your DUI in court. An experienced DUI defense lawyer may be able to use various strategies to fight for a pretrial dismissal, and your lawyer will be able to fight for a “Not guilty” verdict at trial if necessary. If your best option is to fight your DUI in court, you will want to get started on your defense as soon as possible.
Schedule a Free Consultation with a Rock Hill DUI Defense Lawyer Today
Did you get a DUI on private property in South Carolina? If so, we encourage you to contact us promptly to discuss your case. To schedule a free consultation with an experienced Rock Hill DUI defense lawyer, call 803-328-8822 or tell us how we can reach you online today.