A federal DUI offense is federal crime that occurs in a location that is under the auspices of a federal government entity. A state DUI charge and a federal DUI charge have many similarities. There is a Blood Alcohol Content (BAC) limit component and the offender must be operating a motor vehicle while his or her BAC is over that legal limit. However, there is one major aspect of a federal offense that differs from the state offense, and that is location.
How Does One Receive a Federal DUI Charge?
Federal DUI law stems from the U.S. Code of Federal Regulations where the crime is codified. A defendant is guilty of a federal DUI offense if he or she is driving under the influence of alcohol and is found to have a BAC of over 0.08 grams per 100 milliliters of blood. The location of the offense is the factor that primarily gives rise to the federal offense. Federally owned places such as national parks, airports, post offices, federal government compounds, national monuments, and military bases are all locations where a federal DUI charge can occur. The most common of the these places where a federal DUI offense occurs are military bases and national parks.
Another difference between a state state DUI charge and a federal charge is found in the judicial procedure. Given that a federal DUI charge is a violation of federal law, the judicial proceeding will start in a U.S. Federal District Court. Members of the armed services who receive a DUI charge on a military base are also prosecuted in federal court. When in federal court, the process is similar to the process in a state court. An arraignment occurs and the defendant has the opportunity to proffer a defense. In some states, although the law under which the person is sanctioned is federal law, the case law and penalties that apply is that of the state in which the federal district court sits. This aspect of federal criminal law brings forth some complexity to the DUI court proceedings.
Federal DUI Penalties
Federal penalties for a DUI conviction include jail time, probation, and mandatory alcohol safety education courses. However, military personnel who receive a DUI conviction are subject to additional penalties including demotions, letters of reprimands, or even dismissal, depending on the severity of the charges. Under the U.S. Code, a DUI is a Class B Misdemeanor. A Class B Misdemeanor is punishable by a fine of up to $5,000, up to six months in federal prison, and up to five years federal probation.
Your DUI Attorney
Attorney James Robert Ferguson is an experienced DUI attorney with years of experience defending DUI cases. Driving Under the Influence is a serious crime. If you have been charged with DUI, you need an experienced attorney. Attorney Ferguson is well-versed is DUI defense strategies tailored to your unique case. Attorney Ferguson understands the importance of putting these charges behind you. Call us now for a consultation.
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