Can You Get a DWI on Private Property in Arkansas? What the Law Really Says

⚖ What the Arkansas Code Says

Arkansas Code § 5-65-103 defines DWI broadly:

“It is unlawful for a person to operate or be in actual physical control of a motor vehicle while intoxicated or while the person’s blood alcohol concentration is 0.08% or more.”

Nowhere does the law limit this to public roadways.

This means DWI charges can—and do—occur on private property, as long as there is proof that:

• The person was impaired

• The person was in control of a vehicle

Where You Can Be Charged

In Arkansas, you can be arrested for DWI in locations such as:

• Driveways and private home lots

• Parking garages or private business lots

• Gated communities and shared private roads

• Rural property or farmland

Even if the road isn’t marked or maintained by a city or county, you’re still subject to DWI enforcement if law enforcement finds probable cause.

DWI Risk on Private Property

Many Arkansas drivers are shocked to find themselves charged with driving while intoxicated (DWI)—even though they weren’t on a public road.

At Ludwig Law Firm, we’ve handled countless cases where clients were arrested for DWI while parked

in their own driveway, leaving a private gathering, or driving on a farm road. Here's what the law says, what to expect, and how we can help.

Key Legal Concepts: “Actual Physical Control”

You don’t even need to be driving. Courts have found that sitting behind the wheel with keys in the ignition can be enough to support a conviction—if the driver is impaired and could operate the vehicle.

The law focuses on risk of harm, not the road surface.

Our Defense Approach

At Ludwig Law Firm, we know how to build a defense that takes your unique situation into account. We examine:

• Whether the property was truly private or restricted

• Whether you were actually operating the vehicle

• Whether officers had legal grounds to be on the property

• Whether your rights were violated during the stop or arrest

We advocate for dismissal when the evidence is weak, or seek reductions and diversions when appropriate.

We Simply Win DWIs

Arkansas DWI laws don’t stop at public roads. If you’ve been charged while on private property, the stakes are still high—but so are your defense options. Call Ludwig Law Firm today for a free case review: 501-838-4043 | ludwiglawfirm.com

Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.

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