Can You Get a DUI on Private Property in Nevada?

Many people assume a DUI can only happen on a public road. In Nevada, the law works differently. A DUI arrest can happen in a parking garage, an apartment complex, or a gated neighborhood, and the fact that the property is “private” is often not a defense. This guide explains where Nevada’s DUI law applies, where it does not, and what to do if you are arrested somewhere you thought was outside the law’s reach.

The Short Answer: Yes, If the Public Has Access

Nevada’s DUI statute, NRS 484C.110, applies to driving or being in actual physical control of a vehicle while impaired on a highway or on “premises to which the public has access.” That means the real question is not whether the property is private. It is whether the public has access to it.

The Legislature explains what that phrase means in NRS 484A.185. In everyday terms, it reaches any place the general public actually goes, can be expected to go, or has been welcomed onto. It does not matter whether a business, a homeowners association, a government agency, or an individual owns the land. The law carves out only two places: a private road on a farm, and the driveway of a single home. Everything else deserves a second look.

What Counts as a Place the Public Can Access

Instead of relying only on that general definition, the statute names several types of places. In plain terms, they fall into three groups:

• Places to park: garages and multi-level parking structures, plus any lot or open area where cars are, or are likely to be, left, whether it is paved or just dirt.
• Roads and drives that lead to certain properties: the ways that serve a business, a government building, an apartment building, or a mobile home park.
• Residential communities with controlled entry: neighborhoods that are gated, walled, or closed off by a guard, a keypad, or another device.

The list is not exhaustive. The statute also reaches similar areas, communities, buildings, and structures that it does not name.

Putting up a gate or posting a guard does not turn a place like this into a private one. The law treats restricted entry as irrelevant. If the property otherwise fits, the barrier does not take it out of the statute.

Is It Covered? A Las Vegas Walk-Through

Here is how the statute applies to places people in Las Vegas commonly find themselves.

A casino or hotel parking garage

Covered. A parking structure is named in the statute, and a casino garage also serves as a place of business. It is private property, but it is exactly the kind of place the law has in mind.

A shopping center, restaurant, or bar parking lot

Covered. Parking lots are named in the statute, whether paved or unpaved, and they serve places of business that the public is invited to enter.

An apartment complex

Covered. This is where people make what we call the “I’m already home” mistake. Someone pulls into their own complex after a night out and assumes they are safe because they have arrived. The statute lists apartment buildings and the ways that serve them. Being close to your front door does not change that.

A gated community

Likely covered. The statute specifically lists gated and enclosed residential communities, so the streets that serve them can fall within it. The driveway of an individual home inside the community is a separate question, covered next.

Your own driveway

Generally not covered. The statute excludes the driveway of an individual dwelling. The exclusion is narrow, though. It applies to the driveway of a single home, not to the street in front of it, a cul-de-sac, or a shared lot. Other charges may still apply if something happens, such as damage to property or injury to someone else.

Private land the public does not enter

It depends. A private way on a farm is excluded by the statute. Other private land that the public does not regularly enter, is not likely to enter, and is not invited onto may also fall outside the definition. These are fact-heavy questions, and the details matter.

Where the Line Gets Blurry

Some situations do not fit neatly into either category, and they are the ones most likely to be disputed:

• The end of the driveway. A car that starts in an excluded driveway and backs out onto a covered street crosses a legal line in a matter of seconds.
• Townhomes and condominiums. If a unit has its own driveway but shares an access road or a lot with other units, whether it counts as “the driveway of an individual dwelling” is a real question.
• Mixed-use properties. A residential building with ground-floor businesses may be treated differently from a single-family home, even if the parking looks similar.
• Unmarked or unfinished lots. The statute covers unpaved areas where vehicles are parked or are reasonably likely to be parked, so a dirt lot or an empty lot people regularly use can qualify.

It Is Not Only About Driving

Nevada’s DUI law also covers being in actual physical control of a vehicle. A person sitting in a parked car in a garage or a lot can face a DUI charge even if the car never moved. We explain how that works in our article on whether you can get a DUI for sleeping in your car in Nevada. Location and control are separate questions, and both can be challenged.

If You Are Arrested on Private Property

What you do in the first few minutes and the first few days can matter. A few practical steps:

• Do not argue that it is private property. A roadside debate will not change the arrest, and whether the location qualifies is a legal question for your attorney.
• Remember exactly where it happened. Write down the lot or building, the level if it was a garage, and whether there were gates, signs, guard booths, or posted hours.
• Photograph the location soon after. Entrances, gates, signs, and parking layout can change. Take the photos from public areas and do not trespass.
• Be careful about what you say afterward. Anything about the incident can be used in the case, including on a recorded call from jail. Our guide on what not to say on a jail phone call in Nevada explains what to avoid.

The location is one part of what the State has to establish. The penalties for a DUI do not change based on where the arrest happened, so if you are facing a charge, a Las Vegas DUI defense lawyer can review the facts of your case, including whether the property qualifies.

Final Thoughts

In Nevada, “private” is not the same as “outside the DUI law.” Parking garages, apartment complexes, shopping center lots, and gated communities can all be covered, while your own driveway generally is not. If you were arrested somewhere that felt private, the specific facts of the location may matter a great deal, so do not assume the location alone settles the question either way.

If you or someone you know is facing a DUI charge, contact Lipp Law LLC at (702) 745-4700 for a free consultation.

Frequently Asked Questions

Can you get a DUI in a parking lot in Nevada?

Yes. Nevada’s statute names parking lots and parking structures, paved or unpaved, as premises to which the public has access. Whether the lot is privately owned does not matter.

Can you get a DUI in your own driveway in Nevada?

Generally no, because the statute excludes the driveway of an individual dwelling. The exclusion is narrow, and other charges can still apply depending on what happened, so the details of your situation matter.

Can you get a DUI in a gated community or apartment complex?

Yes, it is possible. The statute specifically lists apartment buildings and gated or enclosed residential communities, and it applies even when access is restricted by a gate, a guard, or a device.

Is a DUI on private property treated differently?

No. It is charged under the same law as any other DUI. The location is one of the things the State has to establish, but the penalties do not change because of where it happened.

Can you get a DUI for sitting in a parked car on private property?

Possibly. Nevada’s law covers being in actual physical control of a vehicle, not just driving. Whether you were in control depends on the facts, such as where you were sitting, where the keys were, and how you got there.

Is “it was private property” a defense to a DUI in Nevada?

It can be, but only if the location truly falls outside the statute, such as the driveway of an individual dwelling. Private ownership alone is not enough, because the law looks at whether the public has access.