The act of driving under the influence is considered a federal crime if it occurred on federal land. Federal land could be a military base or a nationally owned park. When a person is arrested for DUI on such land, it is considered a Federal DUI. Different laws govern different types of federally owned land.
National Park Service DUI Laws
If the land is presided over by the National Park Service, the DUI offense is governed by the Code of Federal Regulation. According to the National Park Service, a person can be charged with DUI if:
- He/she is under the influence of alcohol, drugs, or any combination thereof to render the operator incapable of safe operation; OR
- 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; OR
- The limit established under state law if more restrictive.
Under the laws of the National Park Service, DUI is a class B misdemeanor and is punishable by up to six months in jail, monetary fines (maximum of $5,000.00), and probation for up to five years.
If you are asked to submit to a chemical test by the National Park Service, you cannot refuse testing. You also cannot choose which blood alcohol test they administer. Failure or refusal to submit to blood alcohol testing is considered a criminal offense.
Other Federally Owned Land DUI Laws
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, urine, or breath alcohol test. The individual may refuse to take the chemical test; however, refusal to take the chemical test can lead to loss of driving privileges on federal land for up to one year.
San Francisco DUI Attorney
If you have been arrested for Federal DUI, obtaining a qualified attorney is the most important decision you can make. A DUI attorney can protect your rights, inform you of your legal options, investigate the conditions of your arrest, and question law enforcement and witnesses. A skilled attorney can also provide the resources and aggressive defense you will need to successfully fight your DUI charges.
The Law Office of Robert Tayac has been helping people charged with DUI in San Francisco for over a decade. Attorney Robert Tayac has the education, training, and experience to defend your drunk driving case. When you work with Robert Tayac, you can be assured that you are retaining the services of a knowledgeable and trustworthy DUI defense lawyer.
Contact the Law Office of Robert Tayac for your free case evaluation!
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