Federal DUI Charges in California
Understand the differences of a "federal DUI charge"... and make sure your lawyer does too.
An intoxicated California driver is charged with federal DUI- as opposed to a charge in California state court- when law enforcement alleges that the intoxicated driver committed the offense on property of the United States Government. What's more, driving on different kinds of federal property can result in different forms of federal DUI charges.
For example, DUI within the grounds of a national park is governed by section 4.23 of Title 36 of the Code of Federal Regulations (36 CFR 4.23) and carries penalties that include up to 6 months in federal prison and $5,000 in fines for a standard offense (meaning one that does not injure or cause another person's death). Our Los Angeles DUI Lawyers point out that "standard offense" federal DUI charges do not entitle the defendant to a jury trial because the U.S. Supreme Court has ruled that defendants threatened with a maximum penalty of 6 months or less do not have a right to one. In such cases, a defendant can still demand his or her right to a trial, but it will be one with a judge "sitting alone," both as judge and jury.
DUI on most other forms of government property is governed by the laws of the state where the federal property is located. So even though the case takes place in federal court, that court will apply state law. (cases of DUI on military bases are sometimes an exception.)
Our Los Angeles DUI Lawyers encourage people not to hesitate to commit to a full and vigorous defense of a federal DUI case just because they're being charged by the U.S. government instead of a state prosecutor. An experienced Los Angeles DUI Lawyer who understands the complex combination of California DUI laws and federal DUI charges will be able to act on any advantage or benefit a client's case may hold. That includes contesting the legality of the traffic stop that leads to the DUI investigation and the accuracy of chemical and/or breath test results.
The bottom line is this. Innocent people are charged with DUI in California, whether by the state or federal government. They certainly should not assume that they can't fight your DUI charge, because that simply isn't the case.