Drink Driving on Private Land: Is It Legal in the UK?

It’s a common misconception: “I’m on private property, the drink driving laws don’t apply here.” But in reality, this belief could land you in serious legal trouble.

We’re often asked whether it’s legal to drive after drinking alcohol if you're on private land. The answer isn’t as simple as many think, and the consequences of getting it wrong can be significant.

In this blog, we break down the law and clear up the confusion surrounding drink driving on private property.

The Legal Framework

Under Section 4 and Section 5 of the Road Traffic Act 1988, it is an offence to drive, or attempt to drive, a motor vehicle whilst unfit through drink or over the prescribed alcohol limit. 

What’s crucial to understand is where that law applies. 

The legislation doesn’t just refer to “roads” in the everyday sense. Instead, it uses the phrase “a road or other public place.”

So, what qualifies as a public place?

When Private Property Is Still ‘Public’

Just because land is privately owned doesn’t mean it’s exempt from drink driving laws. The test is not about ownership, but accessibility.

If members of the public can access the area, whether on foot, by car, or otherwise, it may be considered a public place in the eyes of the law.

Common examples of private land that may still count as public places:

• Pub car parks
• Supermarket car parks
• Farmyards open to suppliers or visitors
• Private estates without gated entry
• Driveways with shared access

If the public can and do access the area, whether they’re invited or not, then drink driving laws are likely to apply.

What About Genuinely Private Land?

There are rare situations where the land is truly private and inaccessible to the public. For example:

• A locked and gated private driveway
• A field or private estate with no public access or right of way
• Land where the owner has taken active steps to exclude public entry

In such cases, the legal reach of the drink driving laws may not extend to that location. However, even then, you may not be fully in the clear. If someone is injured, or if another offence is committed, other laws may come into play.

Why This Distinction Matters

A tragic real-world example highlights how this distinction can affect legal outcomes.

In 2013, Harry Whitlam, an 11-year-old boy, was killed by a reversing tractor on a farm. The driver was over the legal drink-drive limit. However, the CPS did not prosecute under drink driving laws because the incident occurred on private land.

The case prompted widespread public concern and calls for reform, but the law as it stands still draws a line based on public access, not just private ownership.

Police Powers on Private Land

Police officers can investigate and charge someone for drink driving on private property if it qualifies as a public place under the legal definition.

They can:

• Carry out breath tests
• Arrest the driver
• Seize the vehicle
• Prosecute the offence just as they would on a public road

If the land is truly private and inaccessible, then police may not have jurisdiction to pursue a drink driving charge, but they can still investigate other offences that may have occurred.

Can You Be Prosecuted If You Weren’t Driving?

Yes — the law also applies to those who are:

• Attempting to drive, or
• In charge of a vehicle while over the legal alcohol limit

So even sitting behind the wheel with the engine off could put you at risk of being prosecuted, depending on the circumstances.

What to Do If You’re Facing a Drink Driving Charge

If you’ve been charged with drink driving on private land or otherwise,  it’s vital to seek immediate legal advice. These cases can be complex, and a strong defence often hinges on technical legal arguments around access, public use, and police procedure.

At M.A.J , our team of specialist motoring defence solicitors have vast experience in successfully defending drink driving charges, including those involving private land disputes.

Next Steps: 

If you’re unsure whether your situation qualifies as a “public place” under the law, or you’re facing prosecution for an offence involving alcohol and a vehicle, don’t leave it to chance.

📞 Call us today on 0151 422 8020 for a free, confidential consultation.

 

In Summary

• Drink driving laws can apply on private land if the public has access to it.
• Ownership is not the deciding factor — public access is.
• You can be prosecuted for drink driving, attempting to drive, or being in charge of a vehicle in a public place.
• The consequences of misjudging the law can be serious — always err on the side of caution.