Driving under the influence is considered a federal crime if it occurred on federal land.  Federal land could be a military base or a any other property owned by the Federal Government, such as national parks.  When a person is arrested for suspicion of Driving Under the Influence (DUI) on such land, it is considered a Federal DUI.  There are different laws that are applicable to different types of properties owned by the Federal Government.  These DUI cases are prosecuted in Federal Court. The potential punishment for a federal drunk-driving conviction depends on which laws are applicable to a specific DUI case.

Federal DUI in National Parks

Federal DUI offenses occurring in national parks are governed by the Code of Federal Regulation (CFR).  Accordingly, a person can be charged with DUI if:

He/she is under the influence of alcohol, drugs, or any combination thereof to render the operator incapable of safe operation; OR

If the alcohol concentration in the operator’s blood or breath is – .10 grams or more of alcohol per 100 milliliters of blood, or .10 grams or more of alcohol per 210 liters of breath; OR

The BAC limit established pursuant to state law if more restrictive than the above standards.

Under the Code of Federal Regulations, an arrest for drunk driving (DUI) in a national park is a Class B misdemeanor. Therefore, a person charged with a DUI in a national park can be punished up to six months in a federal prison, a fine of up to $5,000 and a maximum of five years of probation.

It is imperative to hire a DUI defense attorney that is familiar with the distinctions in the Federal Law as it pertains to driving under the influence arrests on Federal land. If you refuse to submit to a chemical test you may be charged with an additional, separate crime.  Thus, hiring a DUI lawyer that is experienced with these types of DUI’s will only increase the effectiveness of the defense strategy that you put forward.

Federal DUI cases involving a chemical test refusal can lead to increased punishments. As stated above, a refusal to submit to a chemical test is a misdemeanor in accordance with the CFR.  Therefore a person who refused a chemical test during an arrest in a national park faces additional fines and potential incarceration in Federal prison.  Also, if convicted, a person who refused a chemical test can be denied the driving privilege on federal lands for one year.

The Federal authorities will notify the DMV of a chemical test refusal conviction.  The DMV will then impose a license in the same manner it does after a State Court conviction.

Federal DUI on Federal Land other than National Parks

A DUI that occurs on any other type of federally owned land is subject to the laws of the individual state through the Assimilative Crimes Act.  Under the Assimilative Crimes Act, if a person is convicted of DUI, he or she may be subject to federal law punishments as well as state law punishments.   Upon arrest, the person will be asked to submit to a chemical test. 

Under the Implied Consent Law, the person must submit to a blood or breath alcohol test.  The individual may refuse to take the chemical test; however, refusal to take the chemical test can lead to loss of driving privileges on federal land for up to one year.  

If the Federal DUI arrest took place on any other federally owned land, the court will apply the law of the state in which the arrest took place, through the Assimilative Crimes Act. A California lawyer who has experience defending federal DUI cases can determine the applicable law in each case, and devise a strategy to fight the charges.

An arrest for a DUI on federal land (other than national parks) is prosecuted pursuant to the laws of the state where the DUI occurred. In California drunk-driving convictions can result in criminal consequences of fines possible jail sentences and fines up to $1,000 in misdemeanor cases. A Felony DUI can result in a jail sentence and fines up to $5,000.

If you have been arrested for a Federal DUI in Los Angeles, retaining an aggressive, experienced and knowledgeable attorney is the most important decision you can make.  A qualified DUI lawyer can educate you as to your options, assist you in making critical decisions, investigate the factors that led to your arrest, and skillfully examine law enforcement personnel. Qualified DUI attorney will be in your corner aggressively defending your rights with the goal of successfully fighting your DUI charges.

In dealing with a Los Angeles DUI case whether involving alcohol or controlled substances, you will need an experienced Los Angeles DUI attorney that will test the validity of the field sobriety tests and/or blood/breath tests in your case and work diligently to provide you with the best possible outcome of your Los Angeles DUI case.  The Los Angeles DUI defense lawyers at the Gurovich, Berk & Associates are familiar and experienced with the DMV along with all the criminal courts.  Our DUI defense attorneys will aggressively defend your interests so that you will receive the best outcome of your Los Angeles DUI case.

Los Angeles Federal DUI Lawyer

If you have been charged with a DUI, please call us to set up an appointment for a FREE CONSULTATION so we can assess your particular case and provide you with the best legal advice on how to proceed. Please allow us to offer you the assistance and support of a criminal defense law firm that has extensive experience with the State court system throughout the Los Angeles, Orange, Ventura, and San Diego Counties as you face this most unfortunate experience. We are solely a Criminal Defense Law Firm. That is all we do and have done since our inception.

EARLY INTERVENTION BY COUNSEL IS KEY TO A PROPER DUI DEFENSE

It is extremely important to have an experienced and knowledgeable criminal defense attorney begin working on your case as early as possible. Critical issues, such as how your particular case will be filed and what charges will be leveled against you, are decided, many a time, very soon after your arrest or during the investigatory period. Early intervention gives our DUI defense attorneys an opportunity to potentially reduce or dismiss either felony or misdemeanor charges against you before the first court date.

Please feel free to call for an initial FREE CONSULTATION in one of our offices, or in the privacy and convenience of your own home, during which we can explore how best to defend and resolve your criminal case. Our 24-hour telephone numbers are (818) 205-1555; (310) 288-0795; (626) 356-0447; and (213) 385-1555.