San Francisco DUI Lawyer California DMV Hearing Attorney

• Introduction
• What To Do First
• Elements of the Offense
• BAC Calculator
• Misdemeanor DUI Case
• Criminal Jury Trial
• Criminal Court Punishment
• Alternative Sentencing
• Sentencing Enhancements
• Refusal Cases
• Felony DUI Case
• Medication Cases
• Drug Cases
• Federal DUI Case
  • Implied Consent
  • DUI Prosecutions
  • Punishment in Court
• Out-of-State Drivers
• Drowsy Driving
• Post-Conviction Relief
• Ignition Interlock Devices
• Motorcycles, Boats, Planes
• California Highway Patrol
• California DUI Resources

Punishment in Court

Driving Under the Influence (DUI), or Driving While Intoxicated (DWI) arrests that take place on federal land are prosecuted in federal court. Federal drunk driving prosecutions are similar to trials in state superior courts, but different laws may apply depending on where the arrest took place.

DUI arrests that occur in California national parks are governed by the Code of Federal Regulation and regarded as Class B felonies. Arrests that take place on any other federally owned land are prosecuted under the law of the state where the arrest took place, under the authority of the Assimilative Crimes Act.

Just as in state superior court, a motorist accused of federal DUI will be arraigned. The charges are read and the driver is required to enter a plea - either not guilty, nolo contendre or no contest, or guilty. If the driver pleads not guilty, a pretrial conference will be set.

Some federal DUI cases don't go to court, because the defendant and prosecutor reach a plea agreement. In a plea bargain, a driver pleads guilty in exchange for a reduced charge or sentence. If a plea bargain is struck before the pretrial conference takes place, the driver may plead guilty or no contest at the hearing. If no agreement is reached, the defense lawyer likely will bring pretrial motions before the court during the conference. Common pretrial motions involve motion for supplemental discovery, evidence suppression, and motions to dismiss.

Federal DUI defendants have the right to a jury trial only if the potential punishment exceeds six months in prison. For charges that carry less than six months in prison, the trial is overseen by a federal magistrate who decides the defendant's guilt or innocence.

A federal driving under the influence of alcohol or drugs conviction can bring serious repercussions, so it's critical to have skilled legal representation. Anyone arrested for drinking and driving on federal land should contact an experienced California DUI lawyer.

Home > Bay Area DUI > Federal DUI Case > Punishment in Court