DUI Articles

Federal DUI Cases Different than California Ones

Written Feb 23, 2010 Last Modified Feb 23, 2010

Federal DUI Law

Federal driving under the influences (DUI ) cases are different than regular California DUI cases. If you have been arrested for Federal DUI, it is important that you consult a DUI attorney with specific experience in Federal DUI laws. Because there are far fewer Federal DUI arrests than California ones, there are far fewer DUI lawyers with experience handling them. Even some of the best California DUI lawyers might not be very familiar with current Federal DUI law.

Federal DUI law is complex – this article in no way intends to provide comprehensive coverage of it. Instead we will focus on types of question to ask a DUI lawyer to help evaluate if they understand your case and some other key points.

Federal DUI Defined

While it might seem obvious that a Federal DUI case is one that involves driving under the influence on federal land, it is really not that simple. Make sure your DUI lawyer knows that the type of federal land makes a difference — lands administered by the National Park Service fall under U.S. Code of Federal Regulations Title 36 (36 C.F.R. § 4.23) and military bases are covered by Title 32 (32 C.F.R. § 634.34). Further, if arrested on a military base with a blood alcohol content of 0.10% or more, you are also subject to Title 10 of the Uniform Code of Military Justice (10 U.S.C. § 911).

Other types of federal land such as those administered by the Bureau of Land Management, the U.S. Forest Service, or the Department of Agriculture may come under different regulations. While this article cannot explore all the specifics of different Federal DUI cases, make sure your lawyer knows, for example, that a DUI in Yosemite is different than one at Camp Pendleton.

Federal DUI Penalties

The specific place where you are charged with a federal DUI is largely what dictates the types of charges that you will be subjected to. For instance:

  • National Park Federal DUIs — In the case of being charged with a federal DUI while on national park land, specific charges and fines may apply. A federal DUI received while on national park land is a class B misdemeanor. For that reason, you could face up to $5,000 in fines, up to six months in jail and up to five years of probation.
  • Other Federal DUIs — If you are charged with a federal DUI on other kinds of federal land, including military bases, the potential charges, penalties and fines can be a bit more complex. In this instance, you could be subject to state and federal laws due to the Assimilative Crimes Act. At minimum, you will face charges under the laws of the state of California. These may include fines of up to $1,000 and jail time if you are convicted of misdemeanor DUI. If you are convicted of a felony DUI under California law, though, you could face up to $5,000 in fines and a longer jail term.

    • Other Key Differences

    For National Park Federal DUI cases, the statute does not actual reference driving, but defines the proscribed activity as "operating or being in actual physical control of a motor vehicle." Physical control can be interpreted much more broadly – sleeping it off in the backseat is not a strong defense.

    For military base DUI cases, persons aged 18-21 might possibly not be considered underage DUI. In most situations military base DUI rules mirror the state where the base is located, so under 21 ius underage DUI. However, if the base is located within 50 miles of the Canadian or Mexican border or in a foreign country, the base commander has latitude to set the cutoff age.

    For all types of Federal DUI, there is currently no possibility of future expungement. Unless you are somehow able to obtain a Presidential Pardon or Congress passes new legislation (see status of H.R. 1529 - Second Chance for Ex-Offenders Act of 2009), once convicted for Federal DUI you will have a Federal criminal record. This can adversely affect security clearances and job opportunities.

    For all types of Federal DUI, you are not entitled to a jury trial. Final decision of quilt or innocence will be from a judge or judicial panel.

    For all types of Federal DUI, if you choose to have legal representation, you must be represented by a lawyer who has been admitted to the Federal Bar.

    Summary

    Hopefully this article has provided a good starting point in answering your questions about Federal DUI cases. However, it is by no means complete. We highly recommend that anyone who has been charged with DUI while on federal land, consult with one or more attorneys experienced in this area.