Pennsylvania DUI law applies “upon highways and traffic ways throughout this Commonwealth.” Accordingly, a criminal defendant may only be convicted of a DUI if he is driving on a roadway or traffic way in Pennsylvania. A highway is defined as “the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. DUI basics The term includes a roadway open to the use of the public for vehicular travel on grounds of a college or university or public or private school or public or historical park.” A traffic way is defined as “the entire width between property lines or other boundary lines of every way or place of which any part is open to the public for purposes of vehicular travel as a matter of right or custom.” Thus, when considering the issue of a DUI, a criminal defendant may only be convicted of this crime if he is driving within the boundary lines of a roadway.
When a road is closed by the state or by competent municipal authority, it ceases to be a highway subject to provisions of the vehicle code and DUI charges. DUI warrant less blood draw It still may be a traffic way if “open to the public for purposes of vehicular travel as a matter of right or custom. The conclusion as to whether or not a roadway is closed or open depends on whether a Defendant is in an open portion of the road when in violation of the law that gave rise to probable cause in the eyes of the officer. If a Defendant was proceeding in the normal course of traffic, it appears that he was driving on a highway or traffic way due to its being open to the public for use by vehicular travel.