What will the consequences of a drunk driving charge in a federal park be? 23 Answers as of June 13, 2011

What will the consequences of a drunk driving charge in a federal park be? It was my father's first offense. Will there be automatic fines and jail time? What do we need to do to?

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Clifford Clendenin & O'Hale, LLP
Clifford Clendenin & O'Hale, LLP | Locke T. Clifford
He needs an attorney. His license may be suspended and he may be facing jail time, depending on his record.
Answer Applies to: North Carolina
Replied: 6/13/2011
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
The sentence will depends on the circumstance, test results and the history of your father.
Answer Applies to: Nebraska
Replied: 2/2/2011
Law Office of Bill Montecucco
Law Office of Bill Montecucco | Bill Montecucco
Although it was in a federal park, I doubt it was charged in Federal Court. If he has been charged in a Washington District Court, it will be handled in a manner similar to other Washington DUIs. Each element of the crime will have to be proven by the prosecutor beyond a reasonable doubt, the highest standard in our court system. Please give me a call if you would like to discuss the case further.
Answer Applies to: Washington
Replied: 2/1/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You would most likely be charged in State court in the county where the park is located. For a first offense, the Kansas law calls for 48 hours in jail up to 12 months in jail and a fine of $500 to $1500, with probation usual after serving 48 hrs. You should contact an attorney to assist you.
Answer Applies to: Kansas
Replied: 1/31/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Though I am licensed in two Federal District Courts, and have handled thousands of DUI cases, I do not see too many Federal DUI cases. My perception is that the U.S. Attorney does not negotiate much.I believe that there always room for negotiation, however.It least the charge is just a misdemeanor. You did not provide specifics regarding the circumstances of the offense so it is impossible to assess whether the case is defensible, or not. There are automatic fines, though I do not believe that actual time inside a jail is certain. You need to contact a qualified, experienced Attorney who practices Federal criminal defense.
Answer Applies to: California
Replied: 1/31/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    From what you question suggests, as this occurred on Federal property, your father is under federal jurisdiction. You need to consult with an attorney who practices in the federal courts. On the other hand, if jurisdiction is transferred to the state courts, in Illinois, in particular, your father would be facing loss of his license for a brief period of time, alcohol counseling, and sizable fines and costs, but no jail time, and quite possibly, not a revocation of his driver's license.Again, this is if he is under the jurisdiction of an Illinois court, only.
    Answer Applies to: Illinois
    Replied: 1/31/2011
    Law Office of Cotter C. Conway
    Law Office of Cotter C. Conway | Cotter C. Conway
    The consequences of operating a motor vehicle under the influence of alcohol within places under the territorial jurisdiction of the United States (i.e. a federal park) are the same as if the offense were committed within the jurisdiction of the State where the park is located. Thus, within the jurisdiction of Nevada, for a first offense, he would be facing a minimum of 2 days in jail (or 48 hours of community service), a minimum fine of $400 plus court assessments, and alcohol counseling. There are additional consequences including attendance at a victim impact panel, suspension of driving privileges, and increased insurance premiums. Finally, if a minor was present in the vehicle, the federal court will impose an additional term of imprisonment. Contact me for a free consultation.
    Answer Applies to: Nevada
    Replied: 1/31/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    That depends on where the incident occurred. It's almost universal that a minimum 1 day is spent in jail. I'm unfamiliar with the federal guidelines for sentencing but my sense is they follow state law as much as possible. Depending on the state of the incident, your dad will also have to get an alcohol assessment and enter treatment if that's what the evaluation says. If your dad can afford it, he should speak with a defense attorney who works regularly in federal court. Most defense lawyers don't charge for the initial meeting so he should make an appointment to see one immediately. If he can't afford an attorney, the court must appoint him counsel. Unlike public defense at the state and local levels the federal public defenders are very sharp and very good.
    Answer Applies to: Washington
    Replied: 1/31/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Crimes charged in United States District Court are not handled en mass like state court. Nothing is automatic there, and everything is negotiable in plea bargaining, but the federal prosecutor typically seeks penalties at least as severe as state court prosecutors.

    When arrested and charged with any crime, whether in state or federal court, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, diversion, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help you use whatever defenses you may have.

    Keep in mind: When you are arrested for DUI, upon release from jail or booking you were supposed to be given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license imposed by DMV upon arrest for DUI, which is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled hearing and present your evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about doing so, feel free to contact me.
    Answer Applies to: California
    Replied: 1/31/2011
    Mettias & Associates
    Mettias & Associates | Jimmy Philip Mettias, Esq
    Thank you for submitting your question to our firm, Mettias & Associates. It is my understanding that your father was sited for Driving Under the Influence in a Federal Park and you are concerned about the consequences. This can be a complicated matter and jurisdiction will likely play a part in the proceedings. In order to gain further information and asses the complexity of the case, we would like to offer a free consultation with one of the attorneys in our office. Please call to schedule your FREE consultation.
    Answer Applies to: California
    Replied: 1/31/2011
    Jackson White, PC
    Jackson White, PC | Jeremy Geigle
    If the case is processed in state court, the maximum penalty would be 6 months in jail and a $2500 fine not included surcharges. A first time DUI in Arizona depending on the jurisdiction and numerous other factors can be pled down to the minimum 1 day in jail. There is a question as to whether or not a federal traffic court would hear the case instead of state court. There is also a question as to whether or not the federal system would report the violation to the state Motor Vehicle Division which would trigger suspension and other possible consequences.
    Answer Applies to: Arizona
    Replied: 1/31/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    First this response is general information only and does not establish an attorney client relationship. I would need further information, but you should hire an attorney to negotiate a favorable plea bargain with a no jail promise if possible, or possibly get the case dismissed.
    Answer Applies to: New York
    Replied: 1/31/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    The most advisable thing to do is certainly to hire an experienced DWI attorney who will be able to defend your father against the charges. Every case is different and the specific details will be what dictate your father's options.

    If this is his first offense it may be possible to have the charges and potential sentences reduced. In any event, the first thing to do is hire an attorney. In Louisiana there is only a 15 day window to contest the suspension of your driver's license. If you are seeking representation in this matter in the state of Louisiana, we invite you to contact our firm at the information provided on this page to schedule a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 1/31/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    Generally, these charges are handled in federal traffic court and result in a fine. The real issue is whether the federal government will report the charges to the state were he is licensed and whether that results in further fines, jail time or suspension. Recently, the federal government has begun reporting drunken driving on federal property to the states opening up the driver to more charges.
    Answer Applies to: Pennsylvania
    Replied: 1/31/2011
    Law Office of Martin Blank
    Law Office of Martin Blank | Martin E. Blank
    The offense in a Federal park will be the same as anywhere else. Get an attorney. As for the possible fines and jail time they will be dependent on who the judge is. Jail time is not often given for a 1st offender but the charge carries up to 93 days in jail as a possibility. Fines and court costs are usually between $750 and $1,000. However, there are often other costs such as probation fees if you are put on probation.
    Answer Applies to: Michigan
    Replied: 1/31/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I am Richard Goolsby, a former federal prosecutor in Augusta, Georgia. I would recommend that you retain an attorney in your community who has federal court experience. The judge will likely follow what would happen if the case were in state court, but you need an attorney to advise you as to your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 1/31/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    Federal Parks are controlled by the National Park Service and the consequences of a DUI conviction are dictated by the Code of Federal Regulations. A DUI is a Class B misdemeanor and the maximum penalties include: 6 months in a federal prison 5 years probation $5000 fine Because the penalties can be substantial, it is important to retain an experienced attorney to analyze the strengths and weaknesses of the case and to prepare an appropriate defense to the charge. Feel free to call me for a consultation.
    Answer Applies to: Georgia
    Replied: 1/31/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    The answerphone by our question primarily depends upon where the park was located because drinking and driving is a local offense not a federal one.
    Answer Applies to: Michigan
    Replied: 1/30/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    In New York State a DWI under state or federal law is a misdemeanor that usually is reduced to an Impaired 1192-1 violation. Anyone driving with more that a .08 BAC will be arrested and charged with DWI. If you are over .18 you may be convicted of the DWI misdemeanor. You will pay a $300 fine and have your license suspended for 90 days, or six months for a misdemeanor. Under federal law the sentence is determined according to the Federal Sentencing Guidelines. This is a sentencing chart that calculates the crime and your prior criminal record and determines a range of time that the court can impose as a recommended jail term, such as 24-36 months. You will usually be placed on probation for a first offense and pay a fine. You will be given the opportunity to attend a Drinking and Driving Course and be able to get a conditional license to go to work or school. The federal offense is more expensive as federal court is more complex. A typical DWI in state court can be $500-$1500, but an attorney may charge more than that for federal charges.Contact several lawyers who have federal court experience and try to get a flat rate as opposed to paying $300 per hour. When you agree to pay $300 an hour your bill can be whatever the attorney wants to charge.This could be $5,000 or more if you do not negotiate the fee properly. I always try to set a flat rate so that the client knows what the total fee will be in advance.That might be $500 for a plea and $1500 for a trial for a first offense. Feel free to call for a consultation anytime.
    Answer Applies to: New York
    Replied: 1/30/2011
    Law Office of Elmer H.
    Law Office of Elmer H. | Elmer H.
    Consequences are essentially the same as for state law, but expect less leniency, more formality and detailed procedures, so be sure to hire someone truly specializing in this area and not someone who just says they are. Superb lawyers cost more but deliver more across the board.
    Answer Applies to: Georgia
    Replied: 1/30/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Yes fines, no to jail unless he hit someone, etc. But just a simple DUI is a fine.
    Answer Applies to: California
    Replied: 1/30/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You need to hire an attorney. There will be mandatory minimum fines, and there maybe mandatory minimum jail time. Good luck.
    Answer Applies to: Georgia
    Replied: 1/30/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    Depends if he is in federal or state court. It also depends on his charges. If he refused a breathalyzer his license will be suspended.
    Answer Applies to: Massachusetts
    Replied: 1/30/2011
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