Duis On A Federal Level
Sometimes, a DUI charge can be much more serious than you might would think
. If you are caught driving under the influence inside of a national park or monument, or on a military base, regardless of what branch, it is not just a state offense. It becomes a federal DUI, which is much more serious. Those that are prosecuted as federal offenses can receive stricter and longer punishments, have a more serious impact on your criminal background for the rest of your life, and can make a huge difference on what type of penalty you will likely receive.
Different federal agencies prosecute a federal DUI, depending on where you were caught driving under the influence of drugs or alcohol. For example, if you were driving in a national park and were arrested for DUI, the National Park Service would likely be the agency that prosecutes you. There are exceptions to every rule though, and sometimes it falls under a different agency's jurisdiction, depending on the circumstances.
The penalty for a federal DUI is also based on where you got the DUI in the first place, since each agency has its own set of rules, much like various states. The National Park Service typically penalizes first offenders with at least $5000 in fines, six months in jail, and 5 years loss of driving privileges. Some agencies replace the loss of driving privileges with time on probation, based on the individual case.
Like state-specific DUIs, refusing to submit to sobriety testing, especially breathalyzer, urine, or blood tests, can result in much more serious penalties. It is admissible as evidence in court for most agencies, and both judges and juries frown upon this attempt to hide your blood alcohol content, BAC, level of intoxication, and so on. In fact, you may receive more leniency with a high BAC than with a refusal.
Refusing to submit to sobriety tests of some sort normally carries punishments such as those imposed by state courts, such as loss of driving privileges on federal land, hefty monetary fines, time in jail, or some combination of several. In addition, if you drive on federal land, you are subject to a federal version of the infamous Implied Consent law, meaning that when you drive on federal land, you agree to cooperate with BAC testing should the officer have just cause to believe that you are driving while alcohol-impaired or under the influence of drugs.
Much the same as a state-specific case, you will need an attorney on your side to fight for your rights and your future if you are charged with a federal DUI. Consider searching for an attorney with special experience in federal DUI cases in order to ensure the most favorable outcome in your case.
This information is provided solely for informational purposes and does not constitute legal advice.
by: William Bly
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