WHAT WILL CAUSE A DUI CHARGE ON FEDERAL LAW?
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.
YOU CAN’T REFUSE TO BE TESTED IF STOPPED ON SUSPICION OF DUI
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.
FEDERAL DUI PENALTIES
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.
FEDERAL DUI TRIALS
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.