April 13, 2022 Last Updated: September 30, 2024 by Anthony Riccio
Driving under the influence of alcohol or drugs is a serious offense, but can you still face DUI (Driving Under the Influence) or OUI (Operating Under the Influence) charges if you’re driving on private property or in your own driveway? In Massachusetts, the answer is yes, but the application of these laws can be nuanced. In this blog post, we’ll break down the key aspects of DUI/OUI laws in Massachusetts, how they apply to private property, and what you should do if you find yourself facing these charges.
In Massachusetts, DUI is officially referred to as OUI, or Operating Under the Influence. The state takes a strict stance against impaired driving, punishing those who operate motor vehicles with a blood alcohol concentration (BAC) of 0.08% or higher, or those who are impaired by drugs or alcohol. The primary goal of these laws is to protect public safety by deterring impaired driving.
Yes, you can be charged with DUI/OUI on private property or in a driveway. However, this is not as straightforward as it might seem. The applicability of DUI/OUI laws on private property depends on several factors, primarily whether the location can be classified as a “public way” or a place where the public has a right of access.
A “public way” in Massachusetts is any driving path that is open to the public and maintained by the government. This includes:
If you are driving on a public way, DUI/OUI laws definitely apply. These areas are clearly marked with pavement, street lights, traffic signs, and curbings, making it easy to recognize them as public roads.
Private property can sometimes be subject to DUI/OUI laws if the public has a right of access. This typically includes places such as:
The critical factor here is whether the place is designated for vehicle traffic and not merely an area for other purposes. If a private driveway or parking lot is used primarily by residents or employees and not intended for public use, DUI/OUI laws might not apply.
In legal terms, invitees and licensees are individuals who have permission to be on a property. An invitee is usually a customer or client of a business, while a licensee is someone visiting for personal reasons. For DUI/OUI laws, what matters is whether the public, in general, has permission to use the area.
If a location is open to the public, even if it’s a private property like a parking lot for a business, DUI/OUI laws are likely to apply. The key is whether the public’s access is allowed and whether the area is meant for vehicular traffic.
To illustrate how these laws are applied, consider the case of Commonwealth vs. Lisa Virgilio. In this 2011 case, Virgilio challenged her OUI conviction, arguing that the private driveway where she was driving should not be considered a public way.
The court agreed with Virgilio, noting that the driveway was used solely by the residents of two buildings and did not serve as a public thoroughfare. The appearance of the driveway, including its lack of public signage and its restricted use, led the court to conclude that it was not a public way. This case highlights the importance of context and the specifics of the location when determining whether DUI/OUI laws apply.
If you are facing DUI/OUI charges, it’s crucial to mount a strong defense. The penalties for a DUI/OUI conviction in Massachusetts can be severe, including fines, jail time, and a driver’s license suspension. Additionally, the social stigma and future repercussions of a conviction can be significant.
Here are a few defense strategies to consider:
Facing DUI/OUI charges can be daunting, but having an experienced attorney on your side can make a significant difference. A skilled defense lawyer can thoroughly investigate the details of your case, challenge the prosecution’s evidence, and use their expertise to provide you with the best possible defense.
Attorney Anthony Riccio of Riccio Law is renowned for his expertise in defending DUI/OUI cases. With a track record of achieving not guilty verdicts in over 80% of his trials, Attorney Riccio uses his extensive experience as a former prosecutor to fight for your rights effectively. His dedication to justice and proven success make him a strong ally in your defense.
Navigating DUI/OUI charges in Massachusetts can be complex, especially when it comes to private property and driveways. Understanding the nuances of where DUI/OUI laws apply is crucial for building a solid defense. If you’re facing these charges, consulting with a knowledgeable defense attorney is essential to safeguard your rights and future.
If you need expert legal assistance with DUI/OUI charges, contact Riccio Law today. Attorney Anthony Riccio offers a free consultation to discuss your case and provide you with the best defense strategy. Don’t let a DUI/OUI conviction impact your life—call 617-404-8878 to schedule your consultation and take the first step towards protecting your rights.
