New Jersey drunk driving cases are almost always prosecuted in state superior courts, but DUI / DWI arrests that occur on federally owned land such as military bases and national parks will be prosecuted in federal court. A New Jersey DUI / DWI attorney with experience defending federal DUI / DWI cases will use a defense strategy to protect the driver’s rights, and minimize the serious repercussions of a driving under the influence arrest on federal land.
Where the DUI / DWI arrest occurs will determine which federal laws will be applied. Arrests that take place in national parkland fall under the jurisdiction of the National Park Service, and are prosecuted under the Code of Federal Regulations. Drunk driving arrests on any other federally owned land falls under the law of the individual state in which the arrest took place and carries the same punishment, under the authority of the Assimilative Crimes Act.
DUI / DWI arrests that occur in national parks are prosecuted as Class B misdemeanors. If convicted, the accused motorist faces up to six months in federal prison and a fine of up to $5,000. The driver also may be placed on probation for up to five years.
Motorists who refuse to submit to a chemical test after being arrested for driving while intoxicated on federal land face additional punishment. Motorists who drive on federal lands do so under an implied consent law, meaning that they must submit to a blood, breath or urine test to determine blood alcohol content (BAC).
Chemical test refusals are prosecuted as misdemeanors under the Code of Federal Regulations. The driver faces an additional sentence of up to six months in a federal penitentiary, a fine, or both. The motorist also will lose his or her driving privileges on federal lands for one year.
Federal drunk driving convictions carry severe consequences, and can result in imprisonment, fines, or both. A New Jersey DUI / DWI attorney experienced in defending federal DUI / DWI cases will fight to protect the driver’s rights and freedom with a defense strategy designed to create reasonable doubt as to the driver’s guilt.
Call Levow & Associates, toll free, at 877-593-1717 to discuss any of these issues, or anything else related to your DUI / DWI arrest.