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Did you know that almost 85% of Nevada is owned by the federal government? In fact, the federal government owns more land in Nevada than any other state. Locals and tourists alike enjoy the scenic beauty of federal lands in southern Nevada through hiking in Red Rock Canyon, boating at Lake Mead, camping at Mt. Charleston and off-roading in the desert.
Often, people drink while enjoying themselves during many of these activities mistakenly believing they can’t be arrested for drinking on federal lands. Of course, that is simply not true. People get charged with DUI on federal land all the time.
Here’s what you need to know: if you drink and drive on federal land or property while intoxicated, you can be charged with a federal crime (specifically a federal DUI). There should be nothing surprising about this since common sense dictates that federal law governs conduct on federal land.
Locations subject to federal law include national parks, conservation areas, military bases, national forests, Native American reservations, public airports, post offices, federal courts and federal office buildings.
At The Vegas Lawyers, we have a strong team of attorneys and paralegals that can represent you if you’re facing federal DUI charges. If you’ve been charged with a DUI on federal land, you need to call us. We know the law, we understand the process and we regularly practice in Las Vegas federal court and can defend you against federal DUI charges.
If you didn’t get charged with a DUI but instead only got a ticket, click here to find out more about how to resolve a federal citation. Either way, call us today at (702) 707-7000 or get in touch with us through our website for a free and confidential consultation.
If you’re caught driving on federal land or property while impaired and your blood alcohol content (“BAC”) is greater than 0.08 grams of alcohol per 100 ml of blood, you can be charged with a DUI by federal authorities. In most cases, the authorities that will charge you with the DUI will be either the National Park Service or the Bureau of Land Management.
The federal law governing what authorities will consider before charging a person with a DUI is set forth at Title 36 of the Code of Federal Regulations, Section 4.23 (36 C.F.R. § 4.23). The law provides a person is subject to being charged with a DUI if (1) he or she is rendered incapable of safely operating a vehicle, (2) the person has a BAC of 0.08 or greater or (3) the person has a BAC that is greater than the limit established by state law in which the federal lands and/or property is located.
If you drive on federal land, you’re subject to the implied consent laws. What this means is that when you choose to drive on federal lands, you implicitly consent to certain rules established under federal law.
Among these is that you must submit to a blood, breath or urine test for the determination of your BAC if stopped on suspicion of DUI. If you refuse to submit to any of these tests, you can face severe penalties such as six months in jail and a steep fine.
It’s very important to have legal counsel on your side that understand the intricacies of federal laws and how the federal courts work. The federal laws differ significantly from state laws. At The Vegas Lawyers, our team is comprised of former federal prosecutors and the Chief Judge of the DUI Court in Las Vegas. Our team has the skills, knowledge and experience to help you get the best results.
Most federal DUIs are misdemeanors and carry the following penalties:
● A maximum term of imprisonment of 6 months in jail;
● A maximum fine of $5,000;
● A maximum term of probation of 5 years.
● Loss of driving privileges on federal lands for 1 year.
Most federal DUI charges are misdemeanor offenses. Therefore, there is no right to a jury trial. In the federal system, and the same is true for state crimes, there is no right to a jury trial if the maximum term of incarceration is less than a year. Instead, a federal judge will be acting as the jury in a federal misdemeanor DUI case.
Federal law carries strict penalties. If you’re facing charges of a DUI on federal land, you can’t afford to gamble with your lawyer. You need an attorney that understands federal laws and the process.
At The Vegas Lawyers, we have a talented team of lawyers and paralegals that know what it takes to win. Call us today at (702) 707-7000 or get in touch through this website. We can help you resolve your federal DUI.
At The Vegas Lawyers, we know that it’s not just about your case… it’s about your life!
Anthony Abbatangelo ESQ.
Michael Humphreys ESQ.
Arelice Parra
Paul Padda ESQ.
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Disclaimers: The information contained herein is not intended, nor should it be relied upon as legal advice. Because each situation is different, a person seeking advice regarding a particular situation should consult in person with an attorney.
