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Senate committee narrows bill to bar DUI convictions on an owner’s private property, replaces 'curtilage' with 'property' and advances measure
Summary
Senators debated SB 918, a bill that would limit DUI prosecutions on a person’s residential property; committee members amended the bill to replace the word 'curtilage' with 'property' and reported the amended bill for further consideration.
Senate Bill 918, a high-profile measure to limit or clarify when a motor vehicle DUI can be prosecuted on private property, generated prolonged debate in the Senate Courts Committee.
Sen. Stewart and other proponents described the bill as protecting private-property activities—sitting in a vehicle on the owner’s land, driving a lawn mower or tractor on one’s property—from routine DUI prosecutions that had resulted in unexpected criminal exposure in some cases. Stewart described examples raised in court decisions and said the intent was to prevent arrests for conduct that took place entirely on a property owner’s land: "You ought to be able to drink as much as you want on your own property if you're not bothering anybody," he said, arguing the law should not criminalize such private conduct.
Opponents—including Commonwealth’s attorneys and public-safety groups—said the bill could create dangerous loopholes and complicate prosecution of impaired driving when it creates a risk to others, including cases that lead to deaths or serious injury. Justin Griffith, Commonwealth’s Attorney for Pulaski County, told the committee that police decisions and prosecutorial review provide multiple safeguards before a DUI charge is pursued and cautioned against carving out broad exemptions.
Committee members wrestled with the statutory language and where the line should fall—activity strictly within an owner’s private property versus activity on adjoining property, mobile-home parks, campgrounds or apartment complexes. In committee the patrons agreed to replace the term "residential curtilage" with "residential property" to tighten the scope, and the amended bill was reported by the panel.
Why it matters: The bill seeks to draw a statutory boundary around when impaired operation of vehicles on or near private land is subject to DUI prosecution. Supporters framed it as a property-rights protection; opponents warned it could endanger bystanders and complicate enforcement of drunk-driving laws.
