If you are charged with a DUI on Federal land, such as a military base or national park, then it will be classified as a Federal DUI. A conviction can have long-lasting consequences and can include fines, license suspension, and possibly jail time.
DUI Attorneys Daniel Smith and Jon Pettis have decades of experience competently representing our clients charged with a federal DUI. We have successfully negotiated favorable outcomes for our clients, including case dismissals for insufficient evidence. We want to preserve your license and your freedom. Please call San Diego Defenders 24/7 at (619) 258-8888 and check our reviews.
What Makes a DUI Federal?
The answer is one of jurisdiction and where a law enforcement officer, whether a Federal Park Ranger, Military Police or local law enforcement contact you. If you are pulled over at a check point, a traffic violation or for any lawful reason and the officer makes a determination that he or she thinks you were driving with a BAC of 0.08% blood alcohol AND the jurisdiction is federal on a military reservation, national park or a naval base, you may be charged under the California Vehicle Code 23152 and directed to appear in Federal District Court under CVB or Central Violation Bureau control or a state superior court.
Federal DUI charges require an approach that fits the prosecutor in the court. A military JAG officer, an Assistant United States Attorney or a Deputy District Attorney may be the prosecutor depending on the court in which you are directed. Military code 10 U.S. Code § 911 – Art. 111 includes a charge of DUI, the federal government may use the state code and the elements of a VC 23152 (A) & (B) to prove their case. Experience counts when dealing with any criminal case and especially federal criminal charges. That is why many of our clients tell us that they felt the most confidence with the team of Daniel Smith and Jon Pettis representing them in their federal DUI case.
Defending a Federal DUI, Reckless Driving or Hit and Run
There are many ways to defend a federal DUI or other misdemeanor (or felony) driving offenses that are similar to a DUI drunk driving charge in state court. However, there are many defenses that arise in federal DUI cases that we do not see in state court that Daniel Smith and Jon Pettis have litigated.
One of the first questions the federal DUI lawyers of San Diego Defenders researches is if there is concurrent jurisdiction to lawfully be in the court you are directed to appear before a federal magistrate or a superior court judge. Daniel Smith recalls the dismissal of a DUI case in which his client was charged in State court when his client was arrested in the parking lot of Camp Pendleton where the District Attorney could not show concurrent jurisdiction after he challenged jurisdiction in a legal motion prior to trial. New laws were passed since that have prevented that defense, however, we never stop trying to find a weakness in the prosecutors case.
Free Telephone Consultation Today
In many federal DUI cases you have only 10 days to act to save your license. Time is valuable and you need information fast. Call us today at (619) 258-8888 and speak directly with attorney Daniel Smith for your free telephone consultation. Mr. Smith will ask you a few questions to evaluate your federal DUI case asap. Call today at (619) 258-8888