Can I get a DUI in a parking lot or on private property?

A widespread belief holds that DUI applies only on public roadways, and that a parking lot, a private driveway, or a gated community is safe ground. It isn't.

Florida's statute applies to driving or actual physical control within this state, without the roadway limitation some other states use. Apartment complex lots, shopping centers, private drives, and beach access areas have all produced arrests here.

Where location does matter is in the stop itself. An officer's basis for approaching a parked vehicle on private property can differ from a traffic stop on Federal Highway, and that difference is worth examining.

It also matters to proof. If nobody observed the vehicle move, the State is relying entirely on actual physical control, which is a harder case than one with an observed driving pattern.