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Federal Driving Under the Influence (DUI)

Driving under the influence is considered a Federal offense if it occurred on Federal property or property which is under Federal jurisdiction. This includes National Parks (such as the Presidio National Park in San Francisco), military bases, some airports and airfields (Moffett Federal Airfield), post offices, government compounds, parking lots on Federal land, Federal courthouse driveways and parking lots, national cemetaries and national monuments. If a driver is arrested for DUI on any of these properties, it is considered a Federal DUI. Different laws and procedures apply to driving under the influences cases which occur on different types of federally owned land.

National Park Service DUI Laws

If the Federal DUI occurred on land administered by the National Park Service, the DUI offense is governed by federal law as defined by the Code of Federal Regulations (CFR). Pursuant to the Code of Federal Regulations, a person can be charged with driving under the influence 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 breath 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 if more restrictive.

A Federal DUI is a class B misdemeanor and is punishable by up to six months in Federal custody, monetary fines (maximum of $5,000.00), and supervised probation for up to five years. The probation is supervised by the United States Probation Office and includes home visits by a probation officer.

If you are asked to submit to a chemical test by a National Park Service police officer, you cannot refuse the test. You also cannot choose which blood alcohol test they administer. Failure or refusal to submit to blood alcohol testing when suspected of driving under the influence on federal land is considered a separate criminal offense. The Intoxilyzer 5000 is the breath alcohol testing device presently used by the National Park Service Police for DUI arrests within the Presidio National Park.

Under the laws of the National Park Service, DUI is a class B misdemeanor and is punishable by up to six months in jail, monetary fines (maximum of $5,000.00), and supervised probation.

As with an arrest made by a California Highway Patrol Officer, San Francisco Police Officer, San Francisco Sheriff's Deputy or other state law enforcement officer initiating a California state prosecution, the National Park Service Police Officer are authorized to seize the California driver's license of anyone arrested for driving under the influence who submits a breath test yielding a result of 0.08 percent or greater, a blood test without a result, or who refuses to submit to a chemical test. The person whose driver's license has been seized (or who has been arrested regardless of which state, if any, issued a license) has only ten (10) calendar days within which to request a Hearing with the California Department of Motor Vehicles' Driver Safety Office. Failure to request a DMV Hearing within ten (10) calendar days of the DUI arrest on Federal property will result in an automotic suspension of the person's driver's license (or driving privilege, if an out of state licensee) for a minimum of four (4) months.

Other Federally Owned Land DUI Laws

A DUI that occurs on any other type of federally owned land may be subject to the laws of the individual state through the Assimilative Crimes Act. Pursuant to the Assimilative Crimes Act, if a person is convicted of DUI, he or she may be subject to Federal law punishments as well as state law punishments. Upon arrest, the person will be asked to submit to a chemical test.

Under the Implied Consent Law, the person must submit to a blood, urine, or breath alcohol test. The individual may refuse to take the chemical test; however, refusal to take the chemical test will most likely result in an Enhanced DUI being charged and prosecuted. Additionally refusal to submit to a chemical test following a DUI arrest can be expected to result in loss of driving privileges for a minimum of one year.

San Francisco DUI Attorney

If you have been arrested for driving under the influence on Federal property, it’s important to contact an experienced California DUI attorney immediately. This is a complex area of DUI law that requires the expertise of an attorney specializing in Federal DUI defense who is licensed to practice before the Federal Court for the Northern District of California. A Federal DUI attorney can protect your rights, inform you of your legal options, investigate the circumstances surrounding your arrest, and question law enforcement officers and other potential witnesses. Additionally, a qualified DUI attorney can also provide the resources and aggressive defense you will need to successfully fight your DUI case or minimize the impact of the consequences.

At the Law Office of Robert Tayac we have been successful in obtaining successful results for our clients and will work relentlessly to challenge your charges, negotiate with prosecutors, and obtain the best possible result. Furthermore, we provide all of our clients with viable options, personalized attention, and compassionate legal care. If you are in need of an experienced California federal DUI attorney, contact the Law Office of Robert Tayac today for your free consultation at 415-552-6000!

Robert Tayac has been helping people arrested and charged with Federal DUI's for over fifteen years. Mr. Tayac has specialized education, training, and experience to represent you in Federal Court in the driving under the influence case and before the California Department of Motor Vehicle Driver Safety Office.

When you are represented by Robert Tayac, you know that you will obtain the best possible result because you have retained one of the most knowledgeable DUI lawyers in California.

Contact The Office

Mr. Tayac and the DUI investigators and experts working with him stand ready to help you or your family member. A member of the office is available to speak with you regarding the case any day of the week between the hours of 8:00 a.m. and 8:00 p.m. Pacific Standard Time at 415-552-6000.

If you hire the Law Office of Robert Tayac, you will know that you have retained the services of the most knowledgeable and experienced DUI defense team.