Charged for DUI, Officer Didn't Witness, Arrested in my home.

[Zigner]

360. "Highway" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Highway includes street.

I don't think a parking lot is maintained publicly...maybe..but I'm betting not

And this may be a factor in respect to jurisdictional and subject matter inquiries. Just turning stones.

Who says it has to be "publicly maintained" Can you read?

It is maintained and open to the use of the public.

 

[HighwayMan]

Just turning stones.

Why don't you go out to your back yard and turn stones there? This forum is for legal advice and you have repeatedly made it obvious that you know nothing about law.

 

[CdwJava]

360. "Highway" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Highway includes street.

I don't think a parking lot is maintained publicly...maybe..but I'm betting not

And this may be a factor in respect to jurisdictional and subject matter inquiries. Just turning stones.

Yep, that's the definition of a "highway" all right - it must be publicly maintained and open to the general public (though retail parking is considered an "offstreet parking facility" and is included in many sections along with highways ... but, DUI does not require it being on a highway.

From CPOLS:

Example: Defendant was guilty of violating section 23152 where he drove a vehicle on a privately owned and paved area that was part of a locked storage facility. The facility was not open to the public, but lessees and others with business on the property could enter. (Malvitz (1992) 11 Cal.App.4th Supp. 9, 11.)​

23100. The provisions of this chapter apply to vehicles upon the
highways and elsewhere throughout the State unless expressly provided
otherwise.

23152. (a) It is unlawful for any person who is under the influence
of any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a vehicle.​

No mention of the offense being applicable solely to a highway. VC 23152(a) and (b) (for driving at .08 or greater) are enforceable on PRIVATE property as well. Drive impaired even on the back forty of your own spread, and you could get busted. Granted, it will generally only happen as a result of a crash, but it does happen ... around here in farm country, it happens a great deal. Those darn DUI ATV accidents have killed more than a few people in the last few years!

Jurisdiction or location here will NOT be an issue.