Understanding What Is Federal DUI Charge In Houston
Driving under the influence of drugs or alcohol or driving while impaired is considered a crime in all parts of the country. While every state has its own laws for DUI/DWI, there are also federal DUI laws and penalties. You might face federal DUI charges in case you get arrested for DUI on federal property. Since the DUI happened on federal property or on a property that is under federal jurisdiction, it comes under federal law.
In most cases, federal DUI comes into play when it happens on military bases or national parks. It might also happen at post offices, parking lots on federal land, certain airports, national monuments as well as government compounds. If you get convicted under federal DUI, you should know that there are significant social and legal consequences that last for a really long time.
Blood Alcohol Concentration Criteria – Federal DUI
As far as the blood alcohol concentration criteria are concerned when it comes to federal DUI, the limit stands at 0.08 g per 100 mL of blood or 0.08 g of alcohol per 200 L of breath. A DUI offense is defined by the National Park Service as:
- When a driver is not capable of operating a vehicle safely
- When their blood alcohol concentration level is 0.08% or higher
- When their blood alcohol concentration level crosses the limit defined by the state law in case the DUI limit in the state is stricter
Federal DUI – Basis Of Prosecution
When it comes to the charges and prosecution in case of a DUI offense, the location plays a central role. For instance, the Code of Federal Regulations is used for prosecution and trial when DUI occurs on the National Park Service lands. If DUI occurs on other federal property, the charges and prosecution take place as per the DUI penalties and laws defined in the state of Texas.
There are severe penalties defined by the National Park Service laws for DUI. It is considered a class B misdemeanor and the penalties are:
- Fine up to a maximum of $5000
- Jail time for a maximum of 6 months
- Probation for a maximum of 5 years
If the arrest happens on federal land that isn’t inside a military base or National Park Service land, the prosecution takes place as per the state statutes.
Federal Law – Chemical Test Refusal
Anybody driving on federal land gets automatically included under the implied consent law. It simply means that if you are under suspicion of DUI or you get arrested, you have to submit to a urine, breath, or blood test for determining your blood alcohol concentration level. If you do not agree to a chemical test after you have been lawfully arrested for DUI, it is considered a misdemeanor under federal law. If you’re convicted in such a case, you might have to pay a steep fine and spend up to 6 months in federal prison. In addition, your driving privileges on federal land might also be revoked for a period of one year from the date of your arrest.
Contact The Butler Law Firm Right Now
Mr. Butler is the owner of this criminal law office in Houston. He will do everything in his power as a legal official to receive the justest outcome for his client. Feel free to contact or call Atty. Jim Butler right now to get your free consultation to see what a skilled attorney can do for you.