There are a lot of misconceptions surrounding DWIs in North Carolina. Although many people think you can only be charged with a DWI on a public road or highway, this is not always the case. There are many other locations where you could find yourself facing DWI charges if you get behind the wheel after consuming alcohol - including private property. Specifically, to be convicted of driving while impaired , the prosecution needs to prove that you were driving under the influence in a location that is a “public vehicular area.”

Can You Be Arrested for a DWI on Private Property in North Carolina?

In North Carolina, you can be arrested for a DWI on private property or public property if you were found to be in physical control of a vehicle with a BAC of .08% or higher. However, if the property is privately owned, the key question in the case will hinge upon whether it meets the definition of a “public vehicular area.” In the event the prosecution is unable to prove that you were in a public vehicular area, the charges against you may be dismissed.

While the relevant statute specifies what constitutes a “public vehicular area,” for the purposes of a DWI charge, it does not require that the roadway be publicly owned. Rather, it simply needs to be an area that is generally open to the public for traffic. In other words, if privately owned property has a street that can be accessed by the public for vehicular traffic, you could be arrested for a DWI on private property.

What is a Public Vehicular Area in North Carolina?

Under NCGS § 20-4.01(32), a public vehicular area is broadly defined as an “area used by the public for vehicular traffic at any time.” This includes any drive, driveway, road, roadway, street, alley, or parking lot. The law clarifies that “highway” is synonymous with “street" and is defined as “the entire width between property or right-of-way lines” when any part is open to the public for the purposes of vehicular traffic.

The statute sets forth the following grounds as public vehicular areas:

• Public or private hospitals
• Colleges, schools, or universities
• Churches
• Orphanages
• Parks and facilities maintained by the state
• Service stations
• Drive-in theatres
• Supermarkets
• Stores and restaurants
• Office buildings
• Business, residential, and municipal establishments providing parking spaces
• Property owned by the United States

The statute also lists beach areas used by the public for traffic, and roads within or leading to gated and non-gated communities — regardless of whether the roads were meant to be dedicated to the public. Importantly, the statute specifies that a public vehicular area is not limited to the examples contained within the text.

Additionally, North Carolina law provides that a public vehicular area may be designated as such by a private property owner. This can be done by registering the private property with the Department of Transportation and putting up signs that identify the area as a public vehicular area. There are certain rules regarding the requirements and procedures for registration.

What Does Not Qualify as a Public Vehicular Area?

Although the statute’s definition of a “public vehicular area” is interpreted broadly, the Court of Appeals ruled that there are limitations. A good example is the case of State v. Ricks.

In the 2014 case, State v. Ricks, the primary issue was centered around whether a dirt driveway cutting through a vacant lot within the city’s business district constituted a public vehicular area. In Ricks, the defendant was found intoxicated on his running moped at the dirt cut through and subsequently arrested. He argued that the DWI charges against him should be dismissed because the State failed to prove that the cut through was a public vehicular area.

The State contended that it was only required to show that the area was used by the public at any time for vehicular traffic. However, the court found that a vacant lot was not comparable to the examples of public vehicular areas specified in the statute. The court held that the foot and bicycle traffic in the area was not enough to show that the lot was a public vehicular area - and there was no evidence that it had been designated as one. Critically, this case law establishes that a public vehicular area must be ‘generally open’ to the public for vehicular use.

Contact an Experienced North Carolina DWI Attorney

If you were arrested for a DWI on private property in North Carolina, it’s essential to have a knowledgeable defense attorney by your side who can protect your rights and fight for the best possible outcome in your case. The Johnston County criminal defense attorneys at Reece & Reece, Attorneys at Law provide skillful representation and aggressive advocacy for a wide range of criminal offenses in North Carolina, including DWI matters. Call (919) 300-1249 to schedule a consultation and learn how we can help.