DUI in Your Driveway: Connecticut’s Surprising Law

 Posted on September 30, 2025 in Driving Under the Influence

Most drivers assume they can only be charged with a DUI (CGS § 14‑227a) when they are driving on a public road. In Connecticut, DUI laws extend further than you might think – even to private property and your own driveway. The consequences of a DUI in your driveway can be just as severe as a DUI on the highway.

If you have been charged with a DUI on private property, it is a mistake to assume your case is minor or will automatically be dismissed. These cases carry the same weight as any DUI, meaning a conviction can affect your driving privileges, your record, and your future. An experienced Stamford, CT DUI lawyer will carefully evaluate the facts of your DUI charges, attempt to challenge the legality of the stop, and fight for your rights.

Understanding Connecticut DUI Laws

In Connecticut, "operation of a motor vehicle" means that the driver is in the driver’s "position," and is either affecting or could affect the movement of the vehicle, regardless of whether the car is actually moving. Essentially, if a driver is in the driver’s seat while impaired and has the ability to start the vehicle or change the vehicle’s course, he or she is "operating" the vehicle for the purposes of DUI charges.

"Impaired" can either mean that the officer judged your actions and driving behaviors to be impaired driving, or your blood alcohol reading was 0.08 percent or above. Regarding public and private property, the primary distinction in Connecticut is ownership and control.

Public properties are owned and controlled by federal, state, or local governments. Private properties are owned by individuals or private entities. Private property owners usually have exclusive rights to their land, controlling who enters. That said, being impaired on private property does not automatically protect drivers from DUI prosecution.

The Legal Gray Area of Private Property and DUI Charges

In 2006, Connecticut expanded its DUI laws to include operating a motor vehicle "anywhere in the state," including private property. This means that a person who is backing out of his or her driveway while impaired could conceivably be charged with DUI. The caveat to DUIs on private property is that the DUI arrest must be based on probable cause.

An officer must observe a person operating a vehicle on private property in an impaired manner to provide reasonable cause. However, when Connecticut law says "operating" the vehicle, sleeping it off in the driver’s seat falls under the state’s definition of operation because the individual could drive the car if he or she chose to.

This means that an intoxicated person sleeping off impairment while sitting in the driver’s seat with the keys in the ignition in his or her own driveway could be charged with DUI. It would obviously be problematic for a police officer to find probable cause in this case, but legally, it could happen.

Some Scenarios That Could Lead to a DUI Arrest

Some of the more common scenarios where an individual on private property could potentially be charged with DUI include:

• Backing out of one’s driveway while impaired
• Driving across a private access road after drinking
• Sleeping in a running vehicle in a private lot after drinking

Constitutional Questions and Defenses

There are obviously some very gray areas regarding DUIs on private property. Is an officer legally allowed to enter private property to investigate? The answer is generally "yes" if he or she feels there is probable cause of wrongdoing. Probable cause could include a complaint from a neighbor or other person, visible operation, or a safety risk to others. Legal defenses may include challenging the validity of the "stop," disputing breathalyzer results, identifying procedural errors, and, if the DUI occurred on private property, a possible Fourth Amendment challenge (illegal entry on the property).

Contact a Fairfield County, CT Criminal Defense Lawyer

If you were charged with DUI on private property, you may have certain defenses you might not otherwise have, but the charges are just as serious and the penalties are just as severe if you are convicted. You need a strong, aggressive Stamford, CT DUI attorney from Law Offices of Daniel P. Weiner who will fight for your rights and your future. Call 203-348-5846 to schedule your free consultation.