CAN I GET A DUI/DWI ON PRIVATE PROPERTY IN MISSOURI?

DUI/DWI

Most people think DUI charges only apply on public roads. It’s a common myth that driving drunk on private property, like your own driveway, a field, or private land — is somehow “safe” from DUI laws.

But in Missouri, that’s not the case.

At KC Defense Counsel, our experienced Missouri DUI/DWI attorneys in Kansas City regularly answer this question for clients throughout the KC metro as well as the entire state:

“Can I be charged with DUI on private property in Missouri?”

Here’s the clear, professional answer: Yes, You Can.

Missouri law doesn’t limit DUI charges to public streets or highways. Under Missouri Revised Statutes 577.010, you can be charged with Driving While Intoxicated (DWI) if:

  • You operate a motor vehicle
  • While in an intoxicated condition

The statute doesn’t specify “public roads.” It applies to anywhere you’re operating a vehicle, including:

  • Your own driveway
  • Private parking lots
  • Private farmland or ranch roads
  • Golf courses
  • Private industrial facilities

MISSOURI COURTS ON DUI/DWI AND PRIVATE PROPERTY

Missouri courts have consistently held that DWI laws apply broadly, even on private property.

The reasoning is simple:

  • Drunk driving is dangerous anywhere.
  • The state has an interest in preventing harm to people, even on private property.

If you’re operating a vehicle while drunk, you can be arrested and charged, no matter where you are.

COMMON SCENARIOS THAT LEAD TO A DWI ON PRIVATE PROPERTY CHARGE

You might be surprised how often people get arrested for DWI on private property. Examples include:

  • Driving a truck or ATV around your property while drinking
  • Moving your car in your driveway after drinking
  • Driving in a private parking lot after leaving a bar
  • Operating farm equipment while drunk

If police see you driving impaired, even on your own land, they can arrest you for DWI.

Wait — What About Private Driveways?

One of the most common questions is:

“If I’m just moving my car in my driveway, can I get a DUI?”

Yes.

If you’re intoxicated and operating the vehicle, even just backing it up or moving it 10 feet, that’s enough for a DWI charge under Missouri law.

PENALTIES FOR DUI/DWI IN MISSOURI

Whether you’re on public roads or private property, the penalties are the same.

First Offense:

  • Up to 6 months in jail
  • Up to $1,000 fine
  • License suspension (30–90 days)
  • Possible ignition interlock device

Repeat Offenses:

  • Felony charges possible
  • Longer jail or prison sentences
  • Longer license revocations

DUI with aggravating factors (like a child in the car or causing injury) can lead to even harsher penalties.

DEFENDING AGAINST A DUI/DWI ON PRIVATE PROPERTY IN MISSOURI

Just because you’re charged doesn’t mean you’re guilty. A skilled Missouri DUI defense lawyer can:

  • Challenge whether you were actually operating the vehicle
  • Dispute the validity of field sobriety or breath tests
  • Question whether the stop or arrest was legal
  • Argue lack of probable cause for the arrest

At KC Defense Counsel, we know how to fight DWI charges, even those that happen on private property.

WHY YOU NEED AN EXPERIENCED KANSAS CITY DUI DEFENSE ATTORNEY

Police and prosecutors treat DUI on private property just as seriously as on public roads. Don’t assume you can talk your way out of it. Don’t plead guilty without a fight.

An experienced DUI lawyer can:

  • Review every detail of your case
  • File motions to suppress evidence
  • Negotiate for reduced charges or penalties
  • Defend you aggressively at trial if needed

CALL KC DEFENSE COUNSEL TODAY AND BEGIN YOUR DEFENSE

Yes, you can absolutely get a DUI in Missouri even if you’re on private property. The safest move? Don’t drive if you’ve been drinking — anywhere. But if you’re charged, don’t panic. Get the right defense.

If you’re facing DUI charges in Kansas City or anywhere in Missouri, call KC Defense Counsel for a free case evaluation. Our affordable Missouri DWI attorneys can explain your options, fight the charges, and protect your future.

Cities we serve: Adrian, Archie, Bates City, Belton, Blue Springs, Buckner, Butler, Cameron, Claycomo, Cleveland,  Drexel, Fairview,  Ferrelview,  Gladstone, Grain Valley, Grandview, Greenwood, Houston Lake, Independence, Kansas City Missouri, Kearney, , Knob Noster, Lake Lotawana, Lake Tapawingo, Lake Waukomis, Lake Winnebago, Lawson, Lee’s Summit, Liberty, North Kansas City, Oak Grove, Oakview,  Parkville, Peculiar,, Platte City, Platte Woods, Plattsburg, Pleasant Hill,  Raymore, Raytown, Riverside, Smithville, Sugar Creek, Tracy,  Warrensberg, Weatherby Lake, and Weston.

Statewide: Missouri State Highway Patrol and Sheriff Counties we serve: Bates County, Cass County, Clay County, Jackson County, Platte County, Ray County.

Contact us if your ticket is not on this list so our experienced Kansas City traffic defense lawyers near me in Missouri can be of assistance.