If you have been charged with impaired driving that occurred on land owned by the National Parks Service, you are facing a Federal DWI charge. This charge is far different then getting a regular DWI since it must be taken care of in the Federal court system and is subject to Federal sentencing structures and guidelines. There are also different laws and procedures involved depending on what type of Federal land you were on when charged with a DWI.
As such, it is important to hire an attorney that is experienced in dealing with Federal DUI charges in order to obtain a favorable result. Our attorneys at Minick Law are experienced and knowledgeable in dealing with Federal DWI charges and you should feel free to Contact Us for a free consultation to learn how Minick Law can help you with your charges.
DWI While In On National Park Service Land
If you are charged with a DWI while on land that is overseen by the National Park Service, the DWI charge is covered under the Code of Federal Regulations. A person can be guilty if:
- He/she is under the influence of alcohol, drugs, or any combination thereof to render the operator incapable of safe operation; OR
- If the alcohol concentration in the operator’s blood or breach is 0.08 grams or more of alcohol per 100 milliliters of blood, or 0.08 grams or more of alcohol per 210 liters of breath; OR
- The limit established under state law is more restrictive
If a person is found guilty of a Federal DWI, they are guilty of a Class B misdemeanor and can be sentenced to up to six months in Federal custody, a fine of up to $5,000, and supervised probation of up to five years.
Additionally, if you are asked to undergo a chemical test to determine your BAC level, you are not allowed to refuse. If you refuse, you are typically taken to the nearest hospital for a blood test. You are also not given the choice of which blood test to undergo. Refusing to undergo a chemical test is grounds for another separate Federal criminal offense.
Trials for DWIs on National Park Service land are typically heard before a United States Magistrate judge and an individual does not have the right to a jury trial. A Federal DWI also does not have probation available before judgment, so if you are found guilty, it will immediately result in a conviction. Convictions do have an appeals process, but an appeal does not grant a new trial.
DWI While On Other Federally Owned Land
If you are charged with a DWI while on any other Federal land (military bases, government buildings, airports, post offices, etc.), you will be prosecuted under the laws of the state that you are in under the Assimilative Crimes Act. By doing this, a person will be subject to Federal and state law punishments. Once arrested, you will be asked to undergo a chemical test. Under the Implied Consent Law, you will be required to provide a blood, urine, or breath alcohol test. If you refuse, you will lose driving privileges on Federal land for up to one year and the DMV will be informed of your refusal and will suspend your license in the same way as a DWI under state law.