If you get a DUI in a national park, you face consequences that are at least as harsh as state laws and potentially even harsher. Driving under the influence (DUI) is a serious offense, and the consequences can be even more complicated if the incident occurs outside the state’s jurisdiction.
National parks are federal lands, which means DUI charges in these areas fall under federal jurisdiction. This makes the legal process different from a typical DUI case handled under state law.
An experienced Los Angeles DUI lawyer can help you understand your rights and work through the unique challenges of a federal DUI case. Below, we’ll break down what you can expect if you’re charged with a DUI in a national park.
Federal DUI Laws in National Parks
If you’re arrested for driving under the influence in a national park, federal laws will generally apply. These cases are prosecuted under one or both of the following legal frameworks:
36 CFR 4.23: DUI on Federal Lands
This regulation specifically prohibits operating a motor vehicle while under the influence of alcohol or drugs on federal property, including national parks. Here’s what you need to know:
- Legal BAC Limit: The legal blood alcohol concentration (BAC) limit is defined by the state where the national park is located. In most states, this limit is 0.08%.
- Impairment Standards: In addition to BAC, you can be charged if law enforcement determines your ability to drive is impaired by alcohol or drugs, even if your BAC is below the legal limit.
Assimilative Crimes Act (ACA)
The Assimilative Crimes Act allows federal authorities to apply state DUI laws to federal cases when specific details of the offense aren’t covered by federal regulations. For example:
- State–Level Penalties: The ACA enables prosecutors to use state DUI statutes to determine penalties for factors such as elevated BAC levels, the presence of minors in the vehicle, or property damage caused while driving under the influence.
- Consistency With State Laws: This ensures that DUI offenses in national parks are treated similarly to those committed under state jurisdiction.
Penalties for a DUI in a National Park
The penalties for a DUI in a national park can be severe, and they often include both federal and state-level consequences. These may include:
- Fines: Federal DUI charges can result in substantial fines, often in addition to state-level penalties. You may also face court fees and costs associated with mandatory programs.
- Jail Time: Depending on the circumstances, you could face a federal prison sentence, particularly for repeat offenses or DUIs involving aggravating factors, such as causing an accident or having a high BAC.
- Probation: You may be placed on probation for a DUI, during which you’ll need to comply with strict conditions such as attending DUI education programs, undergoing regular drug and alcohol testing, and avoiding further legal trouble.
- Driver’s License Suspension: The state where the incident occurred may suspend or revoke your driver’s license, making everyday tasks like commuting or running errands more difficult.
- Criminal Record: A federal DUI conviction will remain on your criminal record, potentially impacting your future employment, housing opportunities, and even professional licenses.
How are Federal DUIs Different from State DUIs?
While state DUIs are prosecuted in state courts, federal DUIs are handled in federal court, which is governed by different procedures and penalties. Here are some key differences:
- Federal Court Process: Federal criminal cases often involve stricter sentencing guidelines and less flexibility than state courts.
- Jurisdiction: Federal DUIs are prosecuted by federal prosecutors, not state district attorneys.
- Complexity: Federal DUI cases require attorneys with experience in both federal and state DUI laws to ensure the best possible defense.
Defending Against DUI Charges in a National Park
If you’re charged with a DUI in a national park, it’s critical to have a skilled attorney on your side. DUI lawyers use a variety of defense strategies to protect your rights, including:
- Challenging the Evidence: We’ll scrutinize the accuracy and reliability of BAC testing equipment and procedures.
- Questioning Law Enforcement Conduct: If the traffic stop or arrest violated your constitutional rights, we’ll work to have the evidence suppressed.
- Examining the Circumstances of the Arrest: We’ll analyze whether your impairment was wrongly assessed or if other factors contributed to the incident.
What Should You Do if You’re Arrested for a DUI in a National Park?
If you’re arrested for a DUI on federal land, it’s important to take immediate action to protect your rights. Here’s what you should do:
- Remain Calm and Cooperative: Avoid making any statements that could be used against you.
- Contact an Attorney Immediately: Federal DUI cases are complex, and you’ll need an experienced attorney who understands both federal and state laws.
- Document the Incident: Write down everything you remember, including the actions of law enforcement and the events leading up to your arrest.
Get a Free Consultation from a DUI Lawyer
If you’ve been charged with a DUI in a national park, you don’t have to face it alone. The stakes are high, but with the right legal representation, you can protect your rights and work toward the best possible outcome.
Los Angeles DUI Lawyer can connect you with a local attorney for a free consultation. Let us help you find the right DUI attorney for you.
