As Buffalo DWI defense lawyers, we would never advise anyone to drive a vehicle after having consumed too much alcohol, even if it is not actually illegal to do so.
Drinking and driving is not always illegal on private property, but this does not make it a good idea.
Under older versions of New York State law, several DWI convictions were reversed because of the law limited the location where the alcohol-related offense had to occur to a “public highway.”
In response to this problem, New York State changed its anti-drinking and driving laws. They now specifically apply not just to public highways, but also to private roads open to motor vehicle traffic and any other parking lot.
The updated statute also provided a definition of the term “parking lot” as meaning any area of private property, including a driveway, near a premises and used as a means of entering and leaving a highway adjacent to the premises.
The parking lot also must have the capacity to park four or more motor vehicles. It specifically does not apply to any area of private property on which is situated a one or two family residence.
Under this definition, it is not a violation of New York’s drinking and driving laws to operate a motor vehicle under the influence of alcohol on private land, unless that private property is a road open to traffic or a parking lot with four or more parking spaces and not attached to a one or two family residence.
When defending against a charge of Driving While Intoxicated, it is important to have an attorney who understands the law.
We are experienced DWI defense lawyers who can be reached at 716-542-5444.