Friday, April 4, 2014

Federal DUI In Virginia Lawyers Driving Influence Misdemeanor Maximum Penalty

If you have been charged with DUI / DWI which took place on a road owned by the Federal government, National Park Service land, place on federally owned property, including military bases or other government-owned lands or roads, such as the GW Parkway and the Pentagon parking lot then you will be prosecuted in a Federal court. 

Under 36 CFR 4.23 Operating under the influence of alcohol or drugs

"(a)  Operating or being in actual physical control of a motor vehicle is prohibited while:
    (1)  Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or
    (2)  The alcohol concentration in the operator's blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. Provided however, that if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator's blood or breath, those limits supersede the limits specified in this paragraph."

Below is a sample case of federal DUI in Virginia as interpreted by a lawyer in our firm.

Have you been charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI and need a lawyer to defend you?

Are you concerned about the consequences of being charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI?

For a lot of our clients, a charge of federal DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of federal DUI in Virginia.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Locke v. United States

Facts:

In an action where defendant was charged with driving under the influence of alcohol (DUI) in a national park in violation of 36 CFR §§ 4.23(a)(1) and (a)(2) (1992), the United States filed a petition for a writ of certiorari to the United States Court of Appeals. The court of appeals found that defendant was entitled to a jury trial.

If you are facing a federal DUI case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

The Federal Court made the following holding:

  • Driving under the influence is a class B misdemeanor and carries a maximum penalty of six months' imprisonment, § 1.3(a); 18 U.S.C.S. § 3581(b)(7), and a $ 5,000 fine, 18 U.S.C.S. §§ 3571(b)(6) and (e). As an alternative to a term of imprisonment, the sentencing court may impose a term of probation not to exceed five years. 18 U.S.C.S. §§ 3561(a)(3), (b)(2). The sentencing court has discretion to attach a host of discretionary conditions to the probationary term. 18 U.S.C.S. § 3563(b).
We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Disclaimer:


These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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