Can You Get Arrested for Driving Under the Influence in Nevada Even If You Are Driving on A Road That Is Privately Owned?
In Nevada, you can get charged with DUI while driving on both public roads, and several private properties.
Under NRS 484C.110, a driver can be guilty of DUI while in control of or driving a vehicle on:
- A highway, or
- Premises with public access.
Definition of “Highway” In Nevada Law
In Nevada, a “highway” is defined as:
- The whole width between one boundary line, of all ways that are devoted to a public authority, to another, when any or all parts of the way are open to public use for vehicular traffic purposes, regardless of if the way is maintained by a public authority or not, and
- Sidewalks that run adjacent to a highway.
Effectively, any road that is open to public use in Nevada is a highway for DUI law purposes, not taking into consideration to whom the property belongs.
“Premises With Public Access” As Defined by Nevada Law
“Premises with public access” in Nevada law is defined as follows:
Property that is either in public or private ownership, that is entered by public members in a regular manner, or onto which public members are permitted or invited to access or are likely to enter, regardless of if some public members are not allowed onto the property their entry is controlled by a device or a person.
Examples of such kinds of premises include (but are not limited to):
- Parking garages, parking decks, or any other structures dedicated to parking,
- Unpaved or paved areas or unpaved or paved parking lots onto which vehicles are either parked or are expected or likely (reasonably) to get parked,
- Ways or roads that provide entrance to:
- Apartment buildings
- Governmental buildings
- Places of business
- Mobile home parks
- Residential communities or residential areas the access to which is controlled or restricted by a device or a person or that are gated or enclosed; or
- Any other similar structure, building, community, or area
Nevada law does not deem truly private driveways or roads, like the ones leading to individual farms or dwellings, as public.
Therefore, if someone tries to pull their car out of their driveway while under the influence and crashes into the garage door, or one of the walls on their driveway, they cannot be charged with DUI.
However, looking at the definitions of “public premises” and “highway” in Nevada, if you drive under the influence of alcohol or drugs on a property that you think is not public, the odds are that you might get charged with a DUI.
Let Us Help You…
Have you or someone who is related to you gotten arrested for DUI somewhere in Nevada? Get in touch with us for an expert consultation.
Our caring, talented, and experienced Las Vegas DUI defense lawyers in Nevada have the expertise and knowledge required to put up a strong defense against a Nevada DUI. We are well versed and aware of the problems with DUI chemical tests performed in Nevada and have designed exceptional strategies for challenging their results.
Above all, we have the experience and knowledge of negotiating plea bargains that can help dismiss or at least reduce your DUI charges in Nevada. So, if you require help, we will work hard to make sure that you get it.
What is more, is that we have an excellent track record at DMV license suspension hearings in Nevada of successfully helping our clients keep their licenses.
You can call us for scheduling your consultation with our expert attorneys for Las Vegas DUI or fill out the form on this page, which is completely confidential.