Driving under the influence is considered a federal crime if it occurs on federal land. Federal land could be a military base or 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. Different laws apply to other types of property 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 apply 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:
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The person is under the influence of alcohol, drugs, or any combination thereof, to render the operator incapable of safe operation.
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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.
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The BAC limit established pursuant to state law is 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’s imperative to hire a DUI defense attorney who 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 who is experienced with these types of DUIs 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 under the CFR. Therefore, a person who refuses 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 conviction for refusing a chemical test. 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, such refusal may result in a loss of driving privileges on federal land for up to 1 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, including 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 critical decision you can make. A qualified DUI lawyer can educate you as to your options, assist you in making essential decisions, investigate the factors that led to your arrest, and skillfully examine law enforcement personnel. A qualified DUI attorney will be in your corner, aggressively defending your rights to fight your DUI charges successfully.
In dealing with a Los Angeles DUI case, whether involving alcohol or controlled substances, you will need an experienced Los Angeles DUI attorney who 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 law firm are familiar with and experienced in the DMV and all 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’ve been charged with a DUI, please call us to schedule a FREE CONSULTATION so we can assess your 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 with extensive experience in the State court system throughout Los Angeles, Orange, Ventura, and San Diego Counties as you face this most unfortunate experience. We’re 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’s essential to have an experienced and knowledgeable criminal defense attorney begin working on your case as early as possible. Critical issues, such as how your case will be filed and what charges will be leveled against you, are often decided very soon after your arrest or during the investigatory period. Early intervention allows our DUI defense attorneys to reduce or dismiss felony or misdemeanor charges against you before your 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.
Gurovich Berk 24-Hour Telephone Numbers
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Los Angeles: (213) 385-1555
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Sherman Oaks: (818) 205-1555
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Beverly Hills: (310) 288-0795
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Pasadena: (626) 356-0447