Federal DUI / DWI

Generally, driving under the influence (DUI) or driving while intoxicated (DWI) cases are prosecuted in State Superior Courts. Arrests that take place on federally-owned land such as national parks and military bases are prosecuted in Federal Court. Federal courts are different from State courts in that they are controlled by different procedures. A California criminal defense attorney who is experienced in defending federal drunk driving cases understands the difference between state and federal prosecutions, the potential penalties that each may carry, and the many methods that are available to mitigate the consequences of a conviction for either.

Arrests in national parks come under the jurisdiction of the National Park Service, and are therefore governed by the Code of Federal Regulations. Under the Code of Federal Regulations, drunk driving in a national park is considered a Class B misdemeanor. A person convicted for a Class B misdemeanor will face up to six months in a federal penitentiary and a fine of up to $5,000. The driver may also face up to five years of federal probation.

People driving under the influence of alcohol on federal land that does not fall under the jurisdiction of the National Park Service face the same punishment as those prosecuted in State Superior Courts. Pursuant to the Assimilative Crimes Act, DUI / DWI arrests on any land other than National Parks and military bases that is owned by the federal government fall under the law of the state where the arrest took place.

The federal government has Implied Consent Laws similar to California’s Implied Consent Law. When a driver refuses to submit to a chemical test in a federal DUI investigation, there will be additional consequences. Refusal to submit is a misdemeanor under the Code of Federal Regulations and could lead to six months in a federal prison. A convicted driver will be restricted from driving on federally-owned land for one year. Although there is no automatic license suspension under the federal laws, the California DMV will be notified of the refusal to submit and it will suspend the driver’s California license for one year.

A DUI case in the federal system is similar to state court proceedings in some ways, yet it is distinctly different in other ways. Federal courts are governed by a separate code of criminal procedure than the code that governs procedure in California criminal cases. The codes govern deadlines and requirements for filing motions with the court. If timelines are missed or guidelines for filings are not followed exactly, the case of the defendant may be damaged. It is crucial that an attorney handling a federal case be readily familiar with the federal process. Anything less is unacceptable.

A conviction for federal drunk driving can result in fines, imprisonment, or both. A lawyer experienced in handling federal DUI / DWI cases can develop a strategy to fight the charges and keep consequences to a minimum.