What happens with a 36 CFR 4.23 DUI on federal ground in California? 3 Answers as of November 14, 2010

I was arrested by National Parks Police for 36 CFR 4.23 on federal grounds in California. What is going to happen? Is it mostly the same as a California DUI?

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Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
A DUI on federal property has the same penalties as a DUI elsewhere in California.

These penalties include up to 5 years of informal probation, up to 180 days in county jail, fines totaling about $3,000.00 and an order to complete a four-month alcohol driver safety program. However, we can usually negotiate much better terms of probation.

Depending on the situation, there are several potential defenses or lesser charges involved in a DUI arrest. Also, you need to request a hearing with the DMV within 10 days of your arrest, to protect your driving privilege.

As a result, you should contact a local criminal defense attorney as soon as possible.

If you have other questions, please call my office.
Answer Applies to: California
Replied: 11/14/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
No. You will face a United States District Court Judge who is free to set his own rules and penalties. Your attorney may be able to plea bargain with the Federal prosecutor, and/or with the judge, but anticipate harsher penalties than in state court. If serious about hiring counsel to represent and help you in this, feel free to contact me.
Answer Applies to: California
Replied: 11/11/2010
Law Office of William R Fuhrman
Law Office of William R Fuhrman | William R Fuhrman
The arrestee appears for arraignment in the magistrate courtroom in the US District courthouse. The defendant can demand a trial, but is not entitled to a jury trial, which is different from California courts. If the defendant pleads guilty at the arraignment or goes to trial and is found guilty by the judge, then the judge will place the defendant on probation, probably for 1 year, and impose conditions of probation similar to those by a California court ... pay a fine, complete an alcohol-drinking driving education program, and remain law abiding.
Answer Applies to: California
Replied: 11/11/2010
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