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Overview of Federal Laws About DUI

DUI stands for Driving under the Influence. It is where a person drives a vehicle while being under the influence of alcohol or drugs. When someone is drunk, then he would not be in full control of his faculties. Driving a vehicle is risky for the driver and others on the road. There is a possibility of an accident happening. This is why laws make DUI an offense.

DUI Arrest Records
DUI Arrest Records

Federal Laws - DUI

Someone committing a DUI offense would have committed it mostly under state jurisdiction. In such a situation, they would be tried under state laws. In some cases, federal laws would be applicable. It is applicable when the offense is committed in a place that is under the control of the federal government. Parks and forests are federal property and any offense committed here would lead to a trial under the federal laws.

The applicable law is the Electronic Code of Federal Regulations, Title 36 Parks, Forests, and Public Property, Chapter I, Part 4, Section 4.23 Operating under the influence of alcohol or drugs.

This law is applicable within the limits of national parks and forests. As per the provisions of the law, driving a vehicle under the influence of alcohol, drugs, or a combination is prohibited, if the operator’s ability to safely operate the vehicle has been affected. To determine this, parameters related to blood alcohol and breath alcohol have been defined in the law.

The limit for blood alcohol is 0.08 grams per 100 ml of blood. For breath alcohol, the limit is 0.08 grams per 210 liters of breath. Any reading below this is acceptable. Readings equal to this or more would result in a federal DUI conviction. It must be noted that if state laws prescribe lower limits, then that would be applicable.

An officer or authorized person has the right to stop any driver of a motor vehicle, if he suspects that the driver is operating the vehicle under DUI. The driver mandatorily has to submit to a breath test, saliva test, urine test, or blood test. Refusal to undergo the test is prohibited. When a driver refuses to undergo the test, then the proof of the refusal can be used as evidence during the trial in a court.

The law mandates that the blood samples can be collected only if the officer has a search warrant, unless there are special or exigent circumstances. When an officer suspects that the driver is under the influence of drugs or alcohol, then the officer can get a search warrant and use it to collect the blood sample from the driver.

When tests are carried out to determine the level of alcohol or drugs, then it shall be done under the supervision of a person authorized by law for the same. The law also stipulates that the test should be carried out using equipment and scientific methods that are reliable and whose accuracy is proven.

Apart from the tests, any other evidence may be introduced during a trial to prove that the driver was under the influence of alcohol or drugs.

As per the US Code, DUI is considered a Class B misdemeanor. Under the law, the punishment for a Class misdemeanor can be one or more the following:

  • Imprisonment for a period of not more than six months in federal prison
  • A fine that shall not exceed $5000
  • Probation for a period of up to five years

The driver who is charged under this offense will be tried in a federal court, where related evidence is produced. The federal judge would pass the judgment based on the hearing.

Latest DUI Arrests

  • Dui-Unlaw Bld Alch (0.15 Or Higher Or W Person Under 18 In Vehicle)
  • Dui-Unlaw Bld Alch (Dui Influence Of Alcohol Or Drugs)
  • Dui-Unlaw Bld Alch - Dui Alcohol Or Drugs
  • Dui-Unlaw Bld Alch - Dui Alcohol Or Drugs
  • Dui-Unlaw Bld Alch (Dui Alcohol Or Drugs)
  • Dui-Unlaw Bld Alch (Dui Influence Of Alcohol Or Drugs)
  • Dui-Unlaw Bld Alch - Dui Alcohol Or Drugs
  • Dui-Unlaw Bld Alch (Dui Breath Alcohol 0.08 Or More Per 210 L)
  • Dui-Unlaw Bld Alch (Dui Influence Of Alcohol Or Drugs)
  • Homicide-Neglig Mansl-Veh (Dui Cause Death To Human Or Unborn Child)
  • Hit And Run (Leave Scene Of Crash Involve Damage To Prop)
  • Dui-Unlaw Bld Alch (0.15 Or Higher Or W Person Under 18 In Vehicle)
  • Dui-Unlaw Bld Alch (0.15 Or Higher Or W Person Under 18 In Vehicle)
  • Charge Number: 1 Agency Report Number: So09006252 Offense Description: Dui Nctc 02/04/09 @0830 Statute: 316.193(1)/m Court Case Number: Ctc0...
  • Dui-Unlaw Bld Alch (Dui Influence Of Alcohol Or Drugs)

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