You get home late after a few drinks. You’re not on the road anymore. The keys are in your pocket. The car is in your driveway. You figure you’re safe. But then the police show up and you’re being arrested for DUI. How is that even possible?
Most people assume DUI laws only apply to public roads. In South Carolina though, that’s not how it works. You can be charged with DUI even if you never leave your own property. The law doesn’t stop at the curb and if you’re behind the wheel while impaired, you could face serious consequences no matter where you are.
This catches a lot of folks off guard. Maybe you were just moving your car a few feet or warming it up. Maybe you never even planned to drive anywhere. But if an officer believes you were in control of the vehicle while under the influence, private property won’t protect you.
That’s why it’s so important to know your rights and to talk with someone who knows the system inside and out. If you’ve been charged with DUI anywhere in South Carolina, reach out to Truslow and Truslow PA. Their team has the experience and the local insight to help you fight back and protect your future.
Legal Basis: No Private Property Exception in South Carolina
It often surprises people to find out that South Carolina’s DUI laws apply everywhere within the state, not just on public roads. Many assume that if they are on their own land or in a private area, they are beyond the reach of DUI enforcement. That assumption can lead to serious trouble.
According to South Carolina law, it is illegal to drive under the influence of alcohol or drugs anywhere in the state. The wording is broad on purpose. It does not say highways or public streets only. It says anywhere. That includes your driveway, a private parking lot, a gated neighborhood, even your own farm path.
The thinking behind this is simple. A person who is impaired can be a danger no matter where they are. Whether you are backing out of your garage or taking a golf cart across private land, the law still applies. Police officers have the right to investigate and charge you with DUI if they believe you are operating a vehicle while under the influence, no matter the location.
The key takeaway is this. There is no private property loophole in South Carolina when it comes to DUI. The law follows the person, not just the road.
What Counts as “Driving” on Private Property?
In South Carolina, driving does not always mean being in motion on a public road. The law looks at whether you were in control of the vehicle, not just whether the vehicle was moving.
For example, if you are sitting in the driver’s seat with the keys in the ignition, that might be enough to count as driving. If the engine is on or you move the car even a short distance in a driveway or private lot, police can consider that operation of a vehicle.
This includes more than just regular cars. Golf carts, four wheelers, and even riding lawnmowers are covered under the law if they are motorized and being used while you are impaired.
The bottom line is that the location and the type of vehicle do not offer protection. If you are in control of it and you are under the influence, it can lead to a DUI charge.
Penalties for DUI on Private Property
The penalties for a DUI in South Carolina are the same whether you are on a public road or private land. The law does not make exceptions based on where the incident took place.
For a first offense, you might face a fine of several hundred dollars, up to three months in jail, and a license suspension that lasts half a year. If your alcohol level is high, the penalties can become more severe. You may also have to attend alcohol safety classes or complete a set number of community service hours.
If you have past DUI convictions, the consequences become more serious. You could spend more time in jail, pay larger fines, and be required to use a breath test device that checks your alcohol level before your car will start.
Regardless of where it happens, a DUI is a criminal charge that can leave a lasting mark.
Why You Need a Skilled Defense
Being charged with DUI on private property can feel confusing and frustrating. Many people do not expect to face criminal charges for something that happened in their own driveway or on land they own. But South Carolina law treats all DUI cases seriously, no matter where they occur.
This is why having the right defense matters. An experienced attorney will examine every part of your case. Were you really in control of the vehicle? Did the officer follow proper procedures? Was the arrest lawful? These questions can make a big difference in the outcome, but they require someone who knows the law and how to use it in your favor.
At Truslow and Truslow, you will get legal support that is focused on your rights and your future. Their team knows how to handle DUI cases with care and precision, using their experience to push for the best possible result.
If you are facing a DUI charge on private property, do not wait. Contact Truslow and Truslow today to schedule a confidential consultation and take the first step toward protecting your future.