Lunceford v. City of Northport

Rodney Joe Lunceford was convicted of driving under the influence of alcohol. He raises two issues on this appeal from that conviction.

I

The defendant argues that the results of a breath test for intoxication should not have been admitted into evidence because he was not driving on a "public highway."

The defendant was observed sitting in an automobile parked behind a drug store in a shopping center. This was a private parking lot and not a public highway.

The offense of driving under the influence (DUI) as defined by Alabama Code 1975, § 32-5A-191, applies "upon highways andelsewhere throughout…