The short is yes. The offense of driving under the influence (DUI) as defined by Alabama law “upon highways and elsewhere throughout the state.” The offense of DUI may be committed on private property. However, the implied consent law which requires that motorist perform a alcohol breath test or face a 90 day suspension does not apply on private property, if there was no evidence that you had been driving on a highway. Alcohol breath test under this circumstance are voluntary.
Remember, you have a constitutional right not to incriminate yourself by giving information to the police regarding whether you were driving the vehicle on a public road, whether you had consumed alcohol, or otherwise. As it pertains to field sobriety tests, there is no law requiring you to perform field sobriety test.
If you find yourself in this situation, immediately and politely inform the police that you would like to call your attorney at BHM Law Group.