Nearly all DWI arrests in the Rochester area involve a driver operating a motor vehicle on a public highway – a location where New York’s rules of the road would clearly apply.

When a driver is accused of drinking and driving when not on a public highway, however, whether New York’s DWI laws apply depends on the nature of the location.

Aside from public highways, DWI laws apply on private roads open to motor vehicle traffic – such as access roads to stores – and in parking lots that fit certain criteria.

New York’s DWI laws define a “parking lot” as any area of private property, including a driveway, that is near or adjacent to a premises, used in connection with that premises, and having a capacity for the parking of four or more motor vehicles.

It specifically excludes private property on which is situated a one or two family residence.

Based on this definition, DWI laws apply in most business parking lots (provided there are four or more parking spaces) and the parking lots and driveways for any apartment complexes where more than two families may reside and there is parking for four or more vehicles.

It does not apply to the driveways or other property attached to a private home or duplex.

As a result, a lawful arrest for drinking and driving cannot be made where a driver, for example, only moved his car within his own driveway for the purpose of allowing another vehicle to get out.

All drivers should be aware, however, that the fact that a vehicle was ultimately stopped on private property does not necessarily protect a driver from being charged with DWI if it can be established that he or she drove on public property to get to that location.

If you have been arrested for DWI, it’s important to have a lawyer who understands your rights.

We are experienced DWI attorneys who can be reached at 585-484-7432.