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Federal DUI laws were signed into law in 2000 and work in combination with state DUI laws. Being convicted of a federal DUI frequently results in individuals facing very strict penalties, including prison time and large fines.
If you or a loved one were charged with a federal DUI charge, a Midland federal DUI lawyer can walk you through the legal process you face. Let a skilled criminal defense attorney defend your case.
What Constitutes a Federal DUI Charge?
If a DUI occurs on federal property, that DUI might be found to constitute a federal violation. DUIs are classified as federal offenses if they occur on or near federal courthouses, government compounds, military bases, national monuments, national parks, parking lots, post offices, some airports, or any other type of property that is owned by the federal government.
To be charged with a DUI, a person must often satisfy several elements including having a blood alcohol content of .08 percent or above, noticeably being impaired due to drug usage, and possessing the inability to safely control a motor vehicle.
There is also a zero-tolerance law that prohibits anyone under the age of 21 from having a blood alcohol content of .001 percent or higher while on federal government property.
Penalties Related to a DUI Offense
The consequences of a Federal DUI do not change based on the state where the offense occurred. Some of the penalties for DUI offenses include fines of up to $5,000, imprisonment for a maximum of six months, and probation for a maximum of five years.
The consequences of a federal DUI charge can be even more severe if an intoxicated driver’s blood alcohol content was significantly higher than .08 percent. A strong defense from a Midland federal DUI lawyer could help mitigate these consequences.
Federal DUI Charges in a National Park
Individuals who receive DUIs at national park are charged under the Assimilated Crimes Act, which is a distinct federal statute. A person who is charged under this statute must submit to a blood or breath test to determine their blood alcohol content. Failure to do so results in that individual facing the penalty of law.
This statute applies if a person is operating or in actual control of a motor vehicle, under the influence of alcohol or drugs to such a degree that they cannot safely operate a vehicle, and has a blood alcohol concentration of .08 or more. This statute does not have a specific time requirement within which a person must have this blood alcohol content level.
Defenses to Federal DUI Charges
Constitutional challenges arise in a large number of DUI cases. Some of these defenses include:
- Blood or breath samples were improperly obtained from a defendant
- Law enforcement provided incorrect information about the consequences of refusing a blood alcohol test
- The constitutionality of how a field was conducted was unlawful
- The due process right of a defendant was violated
Speaking with a Midland Federal DUI Attorney
It is a wise idea for individuals to fully prepare before going to court to defend against a DUI charge. Speak with a criminal defense attorney who is knowledgeable and experienced in the area of DUI charges.
If you have been charged with a federal DUI, a Midland federal DUI lawyer can help you understand the charges you face, and your best legal options moving forward.