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DUI At A National Park: How It’s Different

Many people choose to vacation at one of our country’s many national parks. When inside the park, it can feel like you are separated from reality. However, it’s important to know that laws still very much apply while visiting these areas. In fact, breaking the law there could lead to even more severe consequences.

Laws Inside National Parks

National parks are federal property, meaning any crime that occurs inside a national park may be subject to federal prosecution. This is generally more serious than facing a state misdemeanor or felony charge. Federal crimes often have strict penalties, many involving mandatory minimum prison sentences.

Federal DUI Laws

If you are arrested for DUI while inside a national park, you may face a federal DUI charge.

A federal DUI is punishable by:

  • Up to $5,000 in fines
  • A minimum of six months in federal prison
  • Up to five years of probation

Federal DUI is also different from state DUI in that the defendant is not granted the right to a trial by jury. They will only have a trial by a judge.

Is Implied Consent Applicable in National Parks?

Yes, drivers are automatically subject to implied consent laws when on federal land. This means that the driver’s refusal to take a chemical test for DUI can result in a long period of license suspension as punishment.

Additionally, after a chemical test refusal, they may subsequently be banned from driving within the national park for a year.

Fresno, California Federal DUI Defense

Whether you are facing federal or state DUI charges, know that our team at Schweitzer & Davidian can help. We have helped numerous clients fight their complex DUI cases, and we know what it takes to create a strong defense. Discuss your situation with our attorneys today, click here or call (559) 206-2322.