Driving On Public Or Private Property For DUI

The DUI statute does not specify that a person has to be on a public roadway or highway or on private property in order to be in violation of the statute. Under Illinois law, there is no requirement that a DUI violation must occur on a public roadway or highway in order to be enforceable and under that same principle being on private property is also not a requirement. In short, being on private property does not constitute a defense to the charge of DUI. However, being on private property can be used as a defense against a Statutory Summary Suspension that would normally follow a DUI arrest. The Statutory Summary Suspension can only be invoked if the DUI offense occurred in a public area. #publicroadway, #privateroadway, #statutorysummarysuspension,