We all know that if you are pulled over for a driving violation after having a few drinks can lead to charges of DUI. This is why it is important to make other arrangements for your transportation if your plans include alcohol. A designated driver or calling a taxi or other driving service are good ideas, and can save you a lot of trouble later. However, not every circumstance lends itself to alternate forms of transportation, so the chances of being charged with DUI can be high. The punishment for DUI can be harsh, and might include jail time along with high fines and penalties. But, if you are charged with DUI while on federal land, the stakes are completely different.
In Florida there are eleven national parks. This gives you eleven reasons to be careful when drinking while on federally regulated land. A few of the differences between a DUI at the state level versus one on federal land include:
- In state court you have the right to a jury trial, even though many cases are resolved without that necessity. But with a charge of DUI on federal property, the Judge is responsible for hearing the case and making decisions.
- If convicted of DUI on federal land, the conviction is marked on your federal criminal history rather than a state court notation being made. This makes seeking an expungement out of the question, which can result in a permanent record that prevents you from certain employment and other licenses.
One familiar point of law for a federal DUI is that of implied consent. The implied consent laws of the state hold that by driving a car you have “implied” that you will consent to a breath test if pulled over for possible DUI. You can refuse this test and the implications in state court may be that the refusal is used against you in your DUI case, but in federal court the refusal is a separate charge. This means you face not only a federal DUI, but also a charge of refusing to submit to the field sobriety test. In order to develop a defense strategy that works for DUI’s taking place on federal land, call a knowledgeable attorney today.
If you have been arrested for DUI, on state or federal property, call our office for help. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.