While on federal land, you may be subject to various laws that will affect where and what DUI charges will be filed against you.
If you are charged with a DUI/DWI, the location and type of land, federal or state, will determine who has jurisdiction and what charges you may be facing.
The most common offenses occur at national parks, such as Lake Mead, and military bases. If you have been charged with a DUI/DWI that took place on National Park Service Land, such as Lake Mead National Recreational Area, or a military base, you will be charged under federal law. This means you will have to go to federal court and be fighting federal DWI charges.
For example, federal DUI/DWI law for National Park Service land is found in the Code of Federal Regulations, Title 36, Chapter 1, Part 4, Section 4.23. This is a typical impairment and per se statute. However, there are important differences between state DUI/DWI laws that an experienced attorney will know.
Federal DWI charges can be more severe. For example, being charged with driving under the influence under federal law is a Class B Misdemeanor and includes:
- A fine up to $5,000
- Up to 6 months in federal prison
- Five years probation
There are also factors that can increase the penalties depending on the circumstances of your case.
If you are charged with a DUI/DWI while on federal land that is not part of the National Park Service or a military base, you will still go to federal court but you will be charged under the state’s DUI/DWI law where the federal land is located and may be subject to federal penalties.
It is important that you contact an experienced DUI lawyer to handle the complexities of DUI/DWI charges. The Law Offices of Garrett T. Ogata has extensive experience with federal DUI/DWI charges and knows your rights and defenses to such charges.
Call our office to receive a free consultation on your DUI case.