Can you be charged with DWI on private property in North Carolina?

If you were in a shopping center lot and charged with DWI, you may be confused about why you were arrested. How can you be arrested for DWI when you weren’t driving on a public road or highway?   

At Browning & Long, PLLC, our experienced Mecklenburg County DWI defense lawyers are former prosecutors who have successfully defended people in our county who faced exactly this kind of charge. We understand when you can and can’t be charged with DWI on private property and how to challenge where your arrest happened.

When Can You Be Arrested for DWI on Private Property in Mecklenburg County? 

North Carolina does not limit DWI charges to highways or public streets. The law includes “public vehicular areas,” which cover many places people assume are private.

Under N.C. Gen. Stat. § 20-138.1, a person commits the offense of impaired driving by operating a vehicle on any highway, street, or public vehicular area within the state while impaired or with a blood alcohol content  of .08 percent or more. Under this law, a highway and a street are synonymous. 

The third category — public vehicular area — is where things get complicated. The roadway need not be publicly owned to be considered a public vehicular area. It simply has to be property accessible to the public for vehicular traffic.

What Counts as a Public Vehicular Area in North Carolina?

The definition of a public vehicular area is broad. Under N.C. Gen. Stat. § 20-4.01(32), a public vehicular area is defined as any area “used by the public for vehicular traffic at any time.” The statutory list of qualifying locations is extensive and includes many places people typically think of as private. Examples of locations that commonly fall within the definition include:

• Shopping centers, supermarkets, stores, and restaurants
• Hospitals, service stations, and office buildings
• Colleges, schools, universities, and churches
• Parks, government facilities, and property owned by the United States
• Drive-in theaters, orphanages, and business or residential establishments with parking
• Roads within or leading to gated and non-gated communities
• Beach areas used by the public for vehicular traffic. 

North Carolina law also allows private property owners to formally designate their property as a public vehicular area by registering it with the Department of Transportation and posting signs identifying it as such. Once that designation is in place, the law applies there just as it would on any public road.

Are There Locations Where a DWI Charge on Private Property Won't Hold Up?

Yes. The North Carolina Court of Appeals clarified in State v. Ricks (2014) that not every location used by the public at some point automatically qualifies as a public vehicular area. There must be evidence showing the property is similar in nature to the examples listed in the statute. In that case, the court found that a dirt driveway cutting through a vacant lot was not a public vehicular area.

How Can a DWI Defense Lawyer Challenge a Drunk Driving Charge on Private Property?

When a DWI charge rests on whether a location qualifies as a public vehicular area, the burden falls on the prosecution to prove it. That proof isn't always as straightforward as it looks. 

Our skilled DWI defense lawyers can examine how the location was used, who had access to it, and whether it bears any meaningful resemblance to the statutory examples. Questions our legal team considers in these cases include:

• Was the area actually open to the public? Access restricted by gates, signs, or property use may undercut the prosecution's argument.
• Was the property a commercial or institutional premises? A purely private lot with no business activity attached may fall outside the definition.
• What evidence did law enforcement rely on? If officers assumed a location qualified without investigating its actual use or designation, that assumption can be challenged.
• Were there procedural issues with the stop? The circumstances leading to the encounter matter, including whether the officer had sufficient grounds to approach in the first place.

Why You Can Trust Browning & Long, PLLC, to Defend You

DWI charges tied to private property or parking lots aren't rare in Mecklenburg County, and they aren't automatically winnable for the prosecution. The legal question of whether a location qualifies as a public vehicular area can be genuinely contested. 

Our dedicated DWI defense lawyers at Browning & Long, PLLC, will review every detail of how and where your alleged offense occurred, challenge the prosecution's evidence at each stage, and build a defense strategy grounded in the specific facts of your case. From the initial arrest through any court proceedings, our attorneys will work hard to protect your rights and pursue the best possible resolution of your criminal case.