Claiborne Ferguson is THE Memphis DUI lawyer, with his practice, the Claiborne Ferguson Law Firm in Memphis, Tennessee, devoted to DUI defense and capital murder cases. Both require a vast knowledge of science and law, which is why he has extensive training in both areas. In this article, he talks about what constitutes a “highway”, for purposes of DUI.
Typically, in order to be in violation of DUI statute, a driver must be operating his vehicle not only under the influence but on a highway or other road open to public use. A highway is typically defined as the entire width between boundary lines of every roadway which is open to public use for purposes of vehicular traffic.
“Highway” can also be interpreted to include malls, parking lots, and apartment complexes, so long as these areas are open to each and all public use. In general, the roadway must be open to public use and not limited to a limited group of individuals such as private businesses or any area that requires special license or privilege to enter.
For example, the parking lot of a private corporation which requires the driver to pass a manned security gate showing a badge to enter into that parking lot would not be defined as open to the public, and therefore not driving upon said lot would not be subject to DUI prosecution.
Parking lots or apartment complexes are generally considered open to the public and fall under the definition of public use even if they are restricted to the tenants and their guests. At times, parking lots to private clubs, restaurants, churches and banks have been held subject to DUI laws.
However, testimony concerning those private businesses, restrictions and exclusions of the private citizen in general may show that those roads were not sufficiently open to the public use to come within the definition of “highway” for purposes of DUI prosecution. Clearly, private residential driveways should not be considered open to the public.
