Federal DUI

Driving under the influence is considered a federal crime if it occurred on federal land.  Federal lands include military bases and National Parks such as the Presidio National Park in San Francisco.  When a driver is arrested for DUI on these lands, 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 the Code of Federal Regulations.  According to Federal law, 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.   
 
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 can lead to loss of driving privileges on federal land for up to one year.  

San Francisco DUI Attorney

If you have been arrested for a Federal DUI, hiring a qualified attorney is the most important decision you will make.  A 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.  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. 

Robert Tayac has been helping people charged with DUI in San Francisco for over a decade.  DUI lawyers are not the same.  Robert Tayac has specialized education, training, and experience to represent you in a Federal driving under the influence case.  When you are represented by Robert Tayac, you know that you have retained the services of one of the most knowledgeable DUI lawyers in California.

Contact the Law Office of Robert Tayac for your free case evaluation!