The last thing anyone wants is to get charged with a DUI in California. Depending upon how your case proceeds, you might have to face severe DUI penalties as well as deal with the degrade of your reputation and the embellishment on your criminal and driving record. However, what most people don’t know is that if you commit a DUI on federal property, you can be charged with a federal crime. If you commit a DUI in California, one can expect that they would face the penalties determined by the state.
However, jurisdiction for a DUI committed on federal property would fall under federal law and federal penalties would then be enforced. If the DUI occurs in a national park, then the Code of Federal Regulations would apply. On any other federal property, federal law would take over but they would apply the penalties in California. Some federal property sites you should be aware of include:
- Military Bases
- National Parks
- Federal Courthouses
- National Historic Places
If you have found yourself in a situation where you have been arrested for a DUI on federal property, the penalties can be severe with a possible prison sentence in a federal prison. This is an urgent matter and requires the expertise from a respected DUI lawyer in San Jose / Santa Clara County.
Federal DUI Charge in San Jose, Santa Clara County, Sunnyvale
As stated briefly, committing a DUI on federal property carries a different weight compared to committing one elsewhere in the state. The rules and regulations can be complex and difficult to understand which makes it much more urgent that you get help from an experienced DUI lawyer in San Jose. There are key differences between the two that should be noted before you proceed with your DUI. First, if your DUI occurred on federal property, it will be charged as a federal crime and prosecuted by a district attorney. For a federal crime, there is no trial by jury and instead, the proceeding is overseen by a group of federal judges instead.
Under U.S. Code, DUIs occurring on federal lands would be prosecuted under federal law but would enforce California state penalties. However, the case would still be tried as a federal crime and it would occur in a federal court. Some penalties that would be enforced, under California statutes, for a first time offense includes:
- Driver’s license suspension
- 6 months in prison
- DUI school
- Possible installation of an ignition interlock device
In the case of national park DUIs, the prison sentence would be for the same period but the fines could exceed $5,000. If a DUI is committed on federal property and a DUI conviction requires that a jail sentence is to be served, then it will have to be completed in a federal prison.
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Spread all throughout California are several federal properties including military bases, national parks, and more. As we have covered, committing a DUI on any of these properties can warrant a federal DUI and, depending on the location, might involve either federal or state penalties. Some locations of federal properties in California are:
- Marine Corps Air Station Miramar
- Joshua Tree National Park
- Camp Pendleton
- Death Valley National Park
- Yosemite National Park
On a military base, if you are non-military and you are caught drinking and driving, the military police, at this point, would turn you over to the federal prosecutors where you would be tried under federal law but, if found guilty, would face California penalties. However, if you are military and are arrested for a DUI, you would have to be tried under the military justice system. Getting a DUI on a federal property is a serious matter and one that shouldn’t be taken lightly.
The Ticket Crushers law firm understands how vital a federal DUI is and has 40+ years of experience assisting clients with similar situations. The last thing you need is to try and tackle this alone. Instead, you need to put your faith in the hands of expert DUI attorneys who have DUI defenses at their disposal and who can effectively defend your rights.
The DUI Lawyers at Ticket Crushers Law serves clients in the San Jose area
Receiving a DUI charge can be a frustrating and terrible experience especially if it is a federal DUI. You may feel that there is no way of winning your case and that you are better off just pleading guilty. However, if you trust us with your case, we can help you get the best possible outcome for your case and we will aggressively defend your rights till the end.
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- San Francisco
- San Mateo
- Elk Grove
- Palo Alto
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Call Ticket Crushers Law For Help With Your Federal DUI!