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| Federal DUI/DWI |
Jurisdiction of California DUI ChargesThe majority of (DUI) cases are prosecuted in state superior courts. However, DUI/DWI arrests that take place on federally owned land such as military bases and national parks fall under federal jurisdiction and are prosecuted in federal court.The major issue to be considered is which law applies, federal or state. The laws that will be applied in a federal driving under the influence arrest depend on where the arrest occurred. Arrests that occur in national parks fall under the jurisdiction of the National Park Service, and are governed by the Code of Federal Regulations. Drunk driving arrests on any other federally owned land fall under the law of the state in which the arrest took place under the authority of the Assimilative Crimes Act. DUI Arrest on National ParklandsDrinking and driving in a national park is prosecuted as a Class B misdemeanor. It is punishable by up to six months in a federal prison and a fine of up to $5,000. The driver also may be placed on probation for up to five years.DUI Arrests on Federally Owned Land (Not National Parklands)A federal DUI / DWI conviction stemming from an arrest on non-national-park federal lands will result in the same punishment as cases prosecuted in state superior court. The law of the state that the federally owned lands are located is applied. In this situation the defendant may face fines, jail time, and other consequences.California DUI Test RefusalA driver who refuses to submit to a chemical test after being lawfully arrested for DUI / DWI on federal land faces additional punishment. Individuals who drive on federal lands do so under an implied consent law, (See Implied Consent Law) meaning that they must submit to a blood, breath or urine test to determine blood alcohol content (BAC) if lawfully arrested on suspicion of driving under the influence. Refusing a chemical test after a lawful drunk driving arrest is a misdemeanor under the Code of Federal Regulations. If convicted, the driver faces a fine, up to six months in a federal prison, or both. In addition, the motorist will lose his or her driving privileges on federal lands for one year, beginning on the date of arrest. There are no mandatory driver’s license suspensions in refusal cases under the Code of Federal Regulations. However, the motor vehicle department in the driver’s home state likely will be notified of a chemical test refusal conviction, and will suspend the driver’s license.Federal DUI charges can result in imprisonment, fines, or both, but conviction is far from automatic. THESE DUI CASES CAN BE DEFENDED. Additionally, federal criminal records are non-expugnable. So a federal DUI can potentially hold lifelong consequences. Call us now. We can help. DON’T FACE THE FEDS ALONE! Call the DUI GUY 1-888-DUI-1-GUY 1-888-384-1489 |
