If you are facing a charge of Driving Under the Influence (DUI) in Idaho, the location of the incident—whether it was on a public highway or private property—is one of the most critical factors in your case. Many people mistakenly believe that if they were on private land, they cannot be charged with a DUI. In Idaho, this is not always true. The state's DUI law covers more locations than just public streets, and understanding this distinction is key to protecting your rights and mounting a defense.
A DUI charge brings a great deal of anxiety and uncertainty about the future. It can lead to loss of driving privileges, significant fines, and even jail time. You deserve to know the law and have a fierce advocate.
If you or a family member is facing an Idaho DUI charge, do not wait. Every hour counts in a criminal case. Contact the determined legal team at Boise DUI Guy right now for a completely confidential case review. We will act immediately to protect your rights and help you navigate this serious challenge. Call us at (208) 415-9943 or complete our online contact form now.
The Crucial Definition: Public or Private Property Open to the Public
In Idaho, the law against driving under the influence is laid out in Idaho Code § 18-8004. This statute clearly states where a DUI offense can take place. The law makes it illegal to drive or be in "actual physical control" of a motor vehicle in Idaho, not just on a highway, street, or bridge, but also "upon public or private property open to the public."
This phrase—"private property open to the public"—is the most important thing to understand in these cases. It significantly broadens the locations where you can be charged with a DUI.
What is "Private Property Open to the Public"?
The Idaho law does not provide a strict list, but the courts generally consider whether the public is allowed or invited to use the property. A DUI charge can apply if the public can access the area, even if a private business or person owns the property.
Common examples of private property in Idaho that are considered "open to the public" and can result in a DUI charge include:
- Shopping Center or Retail Store Parking Lots: These are owned by the business, but anyone can drive into them.
- Apartment Complex Roads or Parking Areas: They may be included if the public can freely drive through or access them.
- Hotel and Restaurant Parking Lots: These are private but open to all customers and visitors.
- Roads in Some Gated Communities: If the gate is often left open or visitors are readily admitted, a prosecutor might argue the streets are "open to the public."
- University or Business Park Parking Structures: These are often considered public access points, like other commercial parking areas.
The core idea is that if the public can use the property for travel or parking, it falls under the DUI law's location requirements.
What About Your Own Private Property?
This is where the law is often misunderstood. If the property is entirely private and not open to the public, you generally cannot be charged with a DUI for simply being on that property.
When a DUI Charge Likely Does NOT Apply
For a DUI law to apply, the state must prove the offense happened on a public road or on private property open to the public.
A charge is unlikely to stick if the incident occurred in a location like:
- A driveway of a single-family home (unless the driveway is shared and acts as a common road).
- A completely fenced-off private ranch or farm road where the public is barred.
- A fully private, locked storage facility area that requires a key or code to enter.
- A personal garage.
If you were on your own residential property that is clearly not used by or open to the public, this may provide a strong defense against the location element of the DUI charge.
The Second Key Element: "Actual Physical Control"
Even if you were stopped on a public street or private property open to the public, the prosecutor must still prove you were either driving the vehicle or had "actual physical control" of it.
What is Actual Physical Control?
In simple terms, "actual physical control" means you had the ability to put the vehicle into motion. The Idaho Code defines this as "being in the driver's position of the motor vehicle with the motor running or with the motor vehicle moving."
You do not have to be speeding down the road to be charged. You can be charged with a DUI if the police find you:
- Sleeping in the driver's seat with the engine running.
- Parked on the side of a road with the keys in the ignition and the engine on.
However, the definition contains two precise requirements that we can challenge: being in the driver's position AND the motor running or the vehicle moving.
Defending Against "Actual Physical Control"
A knowledgeable defense team will carefully review the facts of your case to see if the state can truly prove "actual physical control." Questions we would ask include:
- Was the engine running or off?
- Were the keys in the ignition or elsewhere (e.g., in your pocket or the back seat)?
- Were you in the driver's seat or a passenger seat?
- Was the vehicle operable? (For example, was it out of commission or out of gas?)
If the vehicle was truly immobilized, or if you were simply sleeping in the back seat with the keys out of the ignition, it becomes much harder for the prosecution to meet its burden of proof.
Why the Location Matters So Much
The location of the incident is one of the essential facts that the prosecution must prove to get a conviction. If they cannot prove the vehicle was operated or controlled on a public road or "private property open to the public," the entire case may fail.
- It challenges a core element of the crime. The location is a required part of the DUI law. If the location is incorrect, the charge is invalid.
- It can limit police action. For officers to enter truly private property, they may need a warrant or a specific reason that gives them legal authority. An unlawful entry or search can lead to the evidence being thrown out.
Understanding these details is the foundation of building a strong defense, especially for a DUI on private property. A dedicated attorney can examine every part of the police report and challenge whether the location was, in fact, "open to the public."
Immediate Action is Necessary
If you have been charged with a DUI—no matter where the stop occurred—you are fighting two separate, urgent processes: the criminal court case and an administrative license suspension process through the Idaho Transportation Department (ITD).
The ITD process has very short deadlines. You could lose your license automatically, even before your court case begins, if you miss them.
Working with an experienced Boise DUI lawyer is the best way to ensure these critical deadlines and legal processes are handled correctly and promptly.
How Boise DUI Guy Can Protect You
When you trust Boise DUI Guy to defend your case, we can immediately begin a thorough investigation. Our approach is to fight every element of the charge, including the location and whether you were in "actual physical control."
Our defense work includes:
- Challenging the Location: We can work to establish that the property was strictly private and not "open to the public." This may involve gathering ownership records, video evidence, and testimony about the property's access points.
- Scrutinizing "Actual Physical Control": We can examine the position of the keys, the engine status, and your intent to determine if the state can prove you had the capacity to drive.
- Reviewing Police Conduct: We can ensure the officer had a legal reason to be on the property and followed all required procedures and constitutional rights during the arrest.
- Explaining Your Options: We can clearly explain all potential outcomes and work diligently toward the most favorable resolution possible for your circumstances.
You do not have to face this challenge alone. We are committed to fighting for your rights and your future.
Boise DUI Law Firm
A DUI conviction, regardless of where it happened, can severely impact your life, leading to thousands of dollars in costs, loss of your license, and possible jail time. A path forward exists if you were arrested for a DUI on private property in Idaho.
The time to act is now. The team at Boise DUI Guy is ready to stand with you, analyze the details of your case, and build a vigorous defense to protect your freedom and driving privileges.
Do not let fear and uncertainty control your future. Take a strong step forward by contacting a dedicated legal advocate who will fight for you every step of the way.
Call (208) 415-9943 right away or or contact us online to learn how we can defend your case.