Federal Driving Under the Influence
When a person drives under the influence of drugs or alcohol on federal property, he/she will be charged with a federal DWI. A federal crime is considered any criminal act that takes place on federal property, or property that is under federal jurisdiction. The two most common places where federal DWIs occur are national parks and military bases. Federal DWIs can also occur at airports, post offices, government compounds and parking lots, courthouse driveways, or national monuments, etc. A person can be charged with federal DWI if the following conditions are true:
- The person was impaired by drugs or alcohol at the time he/she was operating a motor vehicle
- The person was driving with a BAC above the legal limit
- The person was driving with a BAC of either -.10 grams of alcohol or more per 100 milliliters of blood, or .10 grams of alcohol or more per 21 liters of breath
The location where the DWI took place will determine how the driver will be prosecuted. If the DWI took place on land administered by the National Park Service, the driver will be tried under the Code of Federal Regulation. If the DWI occurred on any other federal property, the driver will be tried under the DWI laws and penalties of that particular state through the Assimilative Crimes Act.
The federal DWI process is almost identical to the regular DWI process. When an individual is pulled over for drunk or drugged driving on federal property, he/she is required to take either a breath, blood, or urine test. Failure to do so will result in a misdemeanor charge, and may carry additional monetary fines, prison sentences, and denial of driving privileges on federal land. Furthermore, he/she will be subject to such legal penalties as steep fines, probation, and time in a federal penitentiary. Factors such as refusing a breath, blood, or urine test, the presence of minors in the car, or reckless driving, can also result in additional penalties.
Austin DWI Defense: The Charles Johnson Law Firm
If you have been charged with a federal DWI, it is important to contact the Charles Johnson Law Firm immediately. This is a complex area of DWI law that requires the expertise of a skilled attorney. We have been successful in obtaining successful results for our clients charged with a federal DWI. We work relentlessly to challenge your charges, negotiate with prosecutors, and obtain the legal justice you deserve. Furthermore, we provide all of our clients with viable options, personalized attention, and compassionate legal care.