What is the Difference Between State and Federal Charges of DUI?

What is the Difference Between State and Federal Charges of DUI?

When a person is arrested for DUI in California, they will generally face state charges and deal with the California courts. However, that is not always the case – sometimes federal DUI charges can be brought. This can be a big problem because federal charges generally come with much harsher penalties, which include more time in jail and bigger fines.

What makes a DUI charge a federal and not state offense? Keep reading to get the basics, and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation, whether you are facing federal or state charges.

State DUI Charges

If you face California state DUI charges and it is your first time, you can expect to spend at least 48 hours in jail and pay fines of up to $1,000. You can also expect to be required to attend DUI classes, have your license suspended, and possibly have your vehicle impounded. If you have previous convictions for DUI, or there were elements that lead to a sentencing enhancement, you could face considerably worse penalties.

Federal DUI Charges

For a federal DUI charge, you will be required to appear in a federal district court. These courts generally impose harsher penalties under the Code of Federal Regulations. For a first-time offense, this can result in up to six months in federal prison, fines of up to $5,000, and another five years of federal probation. Once again, if it is not your first charge, then you can expect increased penalties.

Actions That Lead to Federal DUI Charges

Now you are likely wondering: what can happen to lead to a DUI charge being brought in federal court versus state court. A federal DUI is generally brought if the alleged perpetrator was arrested on federal land. This can include Native American tribal land, a military base, a national park, the airport, or the post office.

In Southern California, this can include Camp Pendleton, Marine Corps Air Station Miramar, Naval Base San Diego, Naval Base Coronado, Naval Base Point Loma, US Coast Guard Station San Diego, Joshua Tree National Park, Cabrillo National Monument, and Mojave National Preserve.

Work with an Attorney Who Can Help with State or Federal Charges

If you have been charged by the state in a case in which you were picked up on federal land, or if you have been charged by the federal government in this type of case, then it is important to work with an attorney who can handle both state and federal charges. You can have charges dropped in one jurisdiction and then filed in another. If this happens, you do not want to have to change attorneys.

Do you need to talk to a DUI attorney who can help with both state and federal charges? Then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.

.
Call Us Today