DUI, DWI

Can You Get a DUI on Your Own Property in Roseville, Minnesota?

7 months ago by Justin M. Schiks

Many wonder, “Can you get a DUI on your own property?” in Roseville, Minnesota. The answer is yes, and it might surprise you to know that driving while impaired, even in your driveway or backyard, can still lead to serious legal trouble. At JS Defense: Minnesota Criminal Defense Lawyer, we explain how Minnesota law works and what you should know if you face DWI charges on private property.

Understanding DUI Laws

In Minnesota, DWI laws are taken seriously to keep everyone safe. You can be arrested for DWI if your blood alcohol concentration (BAC) is 0.08 or higher. Even lower levels can lead to charges if your driving is impaired. A conviction can mean losing your driver’s license for up to a year, paying hefty fines, or facing jail time.

If your BAC is 0.16 or higher or you have prior offenses, Minnesota law requires you to install an ignition interlock device. This system checks your breath and prevents the car from starting if your BAC exceeds 0.02. It has helped many individuals drive safely after a DWI.

Can You Get a DUI on Your Own Property?

Yes, you can get a DUI even on your own property, as DUI laws generally apply to operating a vehicle while impaired, regardless of whether it’s on public or private property, especially if the area is accessible to the public or poses a safety risk. Minnesota Statute 169A.20 makes it illegal to operate or be in control of a vehicle while impaired anywhere in the state.

This means driving while intoxicated in your driveway, a private parking lot, or on farmland can still result in charges. It’s not just about owning the property — it’s about the potential risk to others.

What Is Considered a ‘Public Way’ for DUI Charges?

In Minnesota, a “public way” is where vehicles are commonly driven, like city streets, highways, alleys, or parking areas used by many people. Courts focus on how the area is used rather than who owns it. If your property is open or easy for the public to access, it could be treated like a public way. For example, an open store parking lot without gates or signs could meet this definition.

What Qualifies as a ‘Public Access’ for DUI Cases

When officers examine whether an area counts as “public” for a DWI case, they focus on how easy it is for people to get in and out. Even if you believe your driveway or yard is private, the law might say otherwise if there are no barriers or restrictions.

A few signs that a property could be seen as public include:

• No fences, gates, or “No Trespassing” signs around the property
• Delivery drivers, visitors, or others regularly coming and going
• Easy, open access directly from a main road without any clear restrictions

DWI laws can still apply if your property feels open to anyone passing by, even if you never intended it to be public.

Examples of Private Properties Where You Could Be Charged with DUI

Being on private property does not shield you from a DWI charge. You could be arrested while driving impaired in several types of locations, such as:

• Your own driveway
• A business parking lot
• Private farmland
• A campground open to the public

If your property is easy to access or open to others, you could still face DWI charges, even if you consider it private.

Legal Consequences of Getting a DUI on Your Own Property

According to DUI.org, Minnesota imposes serious penalties for DWI convictions, even if the incident happens on private property. Some of the consequences include:

• License revocation, which can last up to a year
• Mandatory enrollment in education or treatment programs
• Use of ignition interlock devices for certain offenses
• License cancellation and longer ignition interlock periods for repeat offenders

For example, if a first-time offender is arrested with a BAC of 0.16 or higher, ignition interlock may be required to regain driving privileges. Repeat offenses within 10 years can lead to extended periods of interlock use or complete license cancellation.

These penalties reflect Minnesota’s strict approach to keeping impaired drivers off the roads, whether the offense occurs on public streets or private property.

Speak with Our Minnesota DUI Defense Attorneys for Expert Legal Help

Facing a DWI charge on your own property can be confusing and stressful. Don’t wait to get the help you need. Call us today at 952-945-7824 and schedule your free consultation. Let JS Defense: Minnesota Criminal Defense Lawyer help you take control of your situation and start building a strong defense.

JUSTIN M. SCHIKS

Award-winning criminal defense attorney with a proven track record of dismissals, acquittals, and positive resolutions for his clients. For over a decade, Justin has dedicated himself to criminal and DWI defense. He has advocated for individuals through every step of a case, from pre-charge representation through pretrial hearings and trials.