Law Offices of Thomas Wallin
CONTACT US
Be assured your matters will be in experienced & caring hands.
9891 Irvine Center Drive
Irvine, CA 92618
Toll Free: (888) 444-7210
Tel: (949) 679-9494
Fax: (888) 444-7211
We offer credit card processing & payment plans.
DUI Punishment in Federal Court
DUI / DWI arrests that take place on federally owned land, such as national parks and military bases, are prosecuted in federal court. The possible punishment for a federal drunk driving conviction depends on the laws that applied to the case.
If the arrest took place in a national park, the offense is governed by the Code of Federal Regulation. Under the Code of Federal Regulations, a drunk driving arrest in a national park is a Class B misdemeanor. Class B misdemeanors can be punished with up to six months in a federal penitentiary and a fine of up to $5,000. The driver also can be placed on probation for up to five years.
If the DUI arrest took place on any other federally owned land, the court will apply the law of the state in which the arrest took place, through the Assimilative Crimes Act. In California, a misdemeanor drunk driving conviction can result in court punishment that includes fines of up to $1,000 and a possible jail term. Felony DUI can result in a jail sentence and fines up to $5,000.
Individuals driving on federal lands are subject to implied consent – just as under state law, drivers arrested on suspicion of DUI are required to submit to a chemical test of their blood, breath, or urine. Federal DUI / DWI cases involving a chemical test refusal carry additional punishments.
Refusal to submit to a chemical test is a misdemeanor under the Code of Federal Regulations, and the driver faces additional fines and imprisonment. The driver also will be denied driving privileges on federal lands for one year, beginning on the date of arrest.
The Code of Federal Regulations does not provide for mandatory driver’s license suspensions in refusal cases, but the driver’s state DMV will be notified of a chemical test refusal conviction, and will then impose the same license restrictions associated with a DUI / DWI conviction under state law.
Because the possible penalties in a federal DUI / DWI case can be so severe, it’s important to have excellent legal representation. An attorney experienced in defending federal drunk driving cases can devise the best legal strategy to fight and win each case. A California lawyer who has experience defending federal DUI / DWI cases can determine the applicable law in each case, and devise a strategy to fight the charges.
If the arrest took place in a national park, the offense is governed by the Code of Federal Regulation. Under the Code of Federal Regulations, a drunk driving arrest in a national park is a Class B misdemeanor. Class B misdemeanors can be punished with up to six months in a federal penitentiary and a fine of up to $5,000. The driver also can be placed on probation for up to five years.
If the DUI arrest took place on any other federally owned land, the court will apply the law of the state in which the arrest took place, through the Assimilative Crimes Act. In California, a misdemeanor drunk driving conviction can result in court punishment that includes fines of up to $1,000 and a possible jail term. Felony DUI can result in a jail sentence and fines up to $5,000.
Individuals driving on federal lands are subject to implied consent – just as under state law, drivers arrested on suspicion of DUI are required to submit to a chemical test of their blood, breath, or urine. Federal DUI / DWI cases involving a chemical test refusal carry additional punishments.
Refusal to submit to a chemical test is a misdemeanor under the Code of Federal Regulations, and the driver faces additional fines and imprisonment. The driver also will be denied driving privileges on federal lands for one year, beginning on the date of arrest.
The Code of Federal Regulations does not provide for mandatory driver’s license suspensions in refusal cases, but the driver’s state DMV will be notified of a chemical test refusal conviction, and will then impose the same license restrictions associated with a DUI / DWI conviction under state law.
Because the possible penalties in a federal DUI / DWI case can be so severe, it’s important to have excellent legal representation. An attorney experienced in defending federal drunk driving cases can devise the best legal strategy to fight and win each case. A California lawyer who has experience defending federal DUI / DWI cases can determine the applicable law in each case, and devise a strategy to fight the charges.
Case Results
1st offense DUI in North Court (Fullerton) – Client had a BAC of .10 reduced...
1st offense DUI Under 21 BAC 0.16 Harbor Court (Newport Beach) – Client was in the Fire Academy and facing both DMV and criminal charges...
3 arrests for DUI in a 3 month span. All cases out of Orange County...
Felony Case Results.... Read More
Learn More
