DUI Punishment in Federal Court - California DUI Law and Legal Information

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Driving under the influence of alcohol or drugs (DUI) arrests that take place on federal lands in California are prosecuted in federal court. The punishment faced by drivers charged with federal DUI depends on the type of federal land where the arrest took place and the laws applied in the case.

DUI arrests that occur in California national parks are governed by the Code of Federal Regulations. Arrests that take place on any other federal land are prosecuted under the law of the state in which the arrest took place, under the authority of the Assimilative Crimes Act.

Driving Under the Influence (DUI), or Driving While Intoxicated (DWI) arrests in national parks are Class B misdemeanors. Class B misdemeanors can be punished with up to six months in a federal penitentiary and a fine of up to $5,000. If convicted, the driver also will be placed on probation for up to five years.

Drinking and driving arrests on other types of federal land are prosecuted under the law of the state where the arrest took place. In California, misdemeanor drunk driving convictions are punishable by fines of up to $1,000 and a possible jail term. Felony DUI can result in a jail sentence and fines up to $5,000.

California drivers who refuse a chemical test after a federal DUI arrest face additional punishment. Just as under California State Law, drivers arrested on suspicion of driving under the influence of alcohol or drugs (DUI) on federal land are required to submit to a chemical test of their blood, breath, or urine.

Chemical test refusals are charged as misdemeanors under the Code of Federal Regulations, and the driver faces additional fines and imprisonment. The driver also will be denied driving privileges on federal lands for one year, beginning on the date of arrest.

Motorists prosecuted under the Code of Federal Regulations aren't subject to mandatory driver's license suspensions in refusal cases, but the driver's state DMV will be notified of a chemical test refusal conviction, and will then impose the same license restrictions associated with a DUI conviction under state law.

The penalties associated with a federal DUI conviction can be harsh, so it's critical to have excellent legal representation. A criminal defense lawyer with experience defending federal DUI charges will devise a legal strategy to obtain the best possible result.