DUI on Private Property

An individual in Las Vegas, Nevada can be charged with a DUI on many roads. Surprising to some, is that an individual can be arrested and charged with a DUI if the individual was driving on private property. Under Nevada law, NRS 484C.110, an individual may be arrested and charged for driving under the influence if the person is driving, or in physical control, of a vehicle that is on a highway, or that is on any premise to which the public has access to.

If a road is open to the public, under Nevada DUI law, that can be considered a “highway,” regardless of who owns the property. Further, any premises to which the public has access to is any property, either in private or public ownership, of which members of the public regularly enter, are reasonably likely to enter, or are invited or permitted to enter, whether or not access to the property by some members of the public is restricted or controlled by a person or a device, pursuant to NRS 484A.185. Examples of a premise like this includes parking garages or parking lots, gated residential communities, unpaved road or paved roads where a vehicle is parked or is reasonably likely to park, and any road that provides access to a business or a building. A truly private road, like a driveway, is not considered to be a public road under Nevada law. Thus, if an individual is pulling out of a driveway while under the influence of a substance, and hits a wall of his or her driveway, the individual cannot be arrested for driving under the influence.

If a person is arrested for driving under the influence on what is believed to be private property, and is convicted, the driver faces consequences with both the Department of Motor Vehicles and the Court system. In Nevada, if convicted of a first offense DUI, the defendant faces two (2) days to six (6) months in the City Jail or the County Detention Center. At the Defendant's own expense, he or she will have to pay to take, and successfully complete, a series of classes. These classes include a DUI School, Victim Impact Panel, and potentially a Coroner's Class. The Defendant may have to complete twenty-four (24) hours to ninety-six (96) hours of community service at a Court approved, non-profit organization. The fines that a Defendant will have to pay, separate from court costs, fines ranging up to $1,000.00, not including fees and court costs. In some cases, such as a second or subsequent offense DUI, or if the individual's blood alcohol concentration or breath alcohol concentration was higher than 0.18%, he or she will have more serious charges or sentencing requirements, including jail time.

In addition to the criminal consequences of a DUI case, there are collateral consequences related to a person's ability to drive as well. Upon the receipt of a blood or breath test showing a BAC of 0.08% or higher, or a conviction in a criminal case for DUI, the Department of Motor Vehicles will be notified. The DMV will send a certified letter to the Defendant notifying the individual of his or her start date and end date for a ninety (90) day revocation of driving privileges. After fort-five (45) days of the suspension have been completed, the Defendant is eligible to apply for a restricted license.

Las Vegas DUI Attorney Josh Tomsheck is recognized as one of only two criminal defense attorneys in the State of Nevada who is a registered as a Certified Specialist in Criminal Trial Advocacy with the State Bar of Nevada. The National Trial Lawyers has named him as one of the Top 100 Criminal Defense Trial Lawyers of 2018. Additionally, Mr. Tomsheck is one of only three (3) lawyers Statewide who are board certified in Criminal Trial Advocacy by the National Board of Trial Advocacy. Mr. Tomsheck is a lifetime member of the National Association of Criminal Defense Lawyers, is a member of the National College for DUI Defense and is a member of the DUI Defense Lawyers Association. Mr. Tomsheck has over a decade of working with both misdemeanor DUIs and Felony DUIs. Las Vegas DUI Attorney Josh Tomsheck has hundreds of satisfied DUI clients, as he has been able to get charges reduced, or dismissed entirely. For his case results, please click here. For your free consultation, please contact him here today!