Many of my clients are surprised when they come to me after being arrested and facing prosecution for DUI. They explain they were driving on private property. I tell them, that Florida's DUI statute allows for arrest and prosecution when someone operates or is in actual physical control of a motor vehicle while under the influence of alcohol or drugs, including prescription drugs, to the extent their normal facilities are impaired anywhere in the State of Florida, not just roads or highways. This means an individual may be arrest off road, on private property, a parking lot or even passed out in their driveway.
This is unlike the statue controlling driving while license suspended or revoked which specifically states, “… who drives a vehicle upon the highways in this state while such license is suspended….,” This statute makes it a crime only when driving with a suspended license on the highways of Florida. Although the statute does not specify that a parking lot is considered a highway case law has upheld convictions for driving with a suspended license in parking lots.