Facing a D.U.I. (Driving under the Influence) charge on federal land in Nevada can be intimidating. This offense is generally prosecuted by federal authorities and both federal and Nevada state laws apply. The penalties for a federal DUI and a normal DUI in Nevada are similar. However, additional consequences can be more severe, such as fines reaching up to $5,000 and time in a federal prison.
If you find yourself charged with a federal DUI, expert legal representation is essential. Our experienced DUI defense lawyers in Nevada are well-versed in the complexities of federal DUI cases. We know how to negotiate with federal prosecutors to get your charges reduced or dismissed, which will help you avoid prison time and substantial fines.
When is Federal D.U.I. Law applicable in Nevada?
In Nevada, federal D.U.I law overrides state law. Federal law will apply to a D.U.I. case if you drive under the influence while:
(1) on federally owned property or
(2) on public roadways that connect to federal facilities within the Silver State
Some examples of federal property include:
- Native American reservations
- Military bases
- Federal buildings
- National parks
Committing a DUI offense in either of the two scenarios stated above will result in the offender being subject to Nevada state law AND United States federal law.
Driving Under the Influence in National Parks and Conservation Areas
Driving under the influence within a national park, forest, or conservation area is a federal misdemeanor. Nevada has several national parks and conservation areas on federal land that fall within the state’s borders, such as:
- Lake Mead National Recreation Area
- Great Basin National Park
- Red Rock Canyon National Conservation Area
The federal regulations for driving under the influence in national parks, forests, and conservation areas are specified in the Code of Federal Regulations (C.F.R.).
Federal regulation 36 C.F.R. 4.23 states that it is illegal to operate a motor vehicle while:
- 1. Under the influence of alcohol or drugs that impairs the operator so they cannot safely drive, or
- The alcohol concentration in the operator’s blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or per 210 liters of breath
The Federal regulation states that if Nevada has stricter guidelines or penalties than the ones set forth above, Nevada’s stricter penalties will apply. Blood Alcohol Content (B.A.C.) Limits for Different Drivers
- Underage drivers: 0.02% B.A.C
- Commercial drivers: 0.04% B.A.C
- Nevada D.U.I. of marijuana: 2 to 5 nanograms of marijuana metabolite per one milliliter of blood OR10 to 15 nanograms of marijuana metabolite per one milliliter of urine
Penalties for D.U.I. Charges in National Parks
Penalties for a first-time D.U.I. in a national park that did not cause harm or death include:
- Up to six months in federal prison
- Fines up to $5,000, and
- Risk of losing driving privileges on federal lands for an entire year.
- Mandatory alcohol evaluation and treatment program, if the offender is dealing with substance abuse issues
- Probation that may last up to five years
- Community service
- Installation of an ignition interlock device
Those who violate the terms of their federal D.U.I. probation expose themselves to a federal warrant for their arrest.
REMEMBER: First-time DUIs within a national park hold severe consequences, so it is important to prioritize responsible driving habits while on federal land. D.U.I. Committed on Other Federally Owned Properties
Driving under the influence (D.U.I.) on U.S. government-owned or financed properties is a federal offense. Due to the Federal Assimilative Crimes Act, the penalties for this offense are the same as Nevada DUI penalties. The penalties for a first time D.U.I. committed on federally owned property includes:
- up to six months in jail and/or
- pay a fine of up to $1,000, not including court expenses.
If an individual is found guilty of federal D.U.I. that led to injury or death of a minor OR a minor was a passenger while the offender committed the D.U.I., they may face additional penalties under 18 U.S. Code 13. The punishment may include a fine and/or imprisonment for 5 to 10 years depending on the severity of the offense.
Implied Consent for D.U.I. Chemical Test on Federal Property
Whenever you get behind the wheel of a motor vehicle on federal property, it’s important to be aware of the federal rules and regulations in place to ensure the safety of all drivers, passengers, and pedestrians. One such regulation is the implied consent law, outlined in 18 U.S. Code 3118, which states that by operating a vehicle, you are automatically giving consent to undergo blood, breath, or urine tests if an officer has reason to believe you are driving under the influence.
It’s crucial to know that refusing to take this D.U.I. chemical test has serious consequences. The officer will inform you that your refusal will result in a suspension of your driving privileges on federal property for one year. Additionally, your refusal can be used as evidence against you in any D.U.I. prosecution.
Losing Your Nevada Driver’s License Due to a Federal D.U.I.
Imagine you go for a scenic drive through a national park, when suddenly, you are pulled over on the suspicion of driving under the influence. Did you know that national park rangers and other federal officers have the authority to seize your Nevada, or even an out-of-state, driver’s license? It’s essential to understand your rights and the next steps to avoid a prolonged license suspension.
Once your license has been confiscated, the officer sends it to the Nevada Department of Motor Vehicles or your home state’s D.M.V. But don’t lose hope – you can still request a D.U.I. license hearing at the Nevada D.M.V. to contest the suspension. This hearing is vital and allows you to refute the D.U.I. allegation.
Be cautious, though! Failing to request a hearing or not attending a scheduled hearing for a first-time D.U.I. offense can result in a 3-month suspension. For second or subsequent D.U.I.s within a 7-year period, the suspension period could be even longer.
What Are the Differences between a Federal and Nevada DUI?
When comparing a Federal D.U.I. and a Nevada D.U.I. case, there are a few critical differences that a defendant should be aware of.
1. Most federal D.U.I. trials are conducted in front of a magistrate judge, not a jury. An individual is only entitled to a jury trial in a D.U.I. case if the potential penalty includes more than six months in prison. Federal and Nevada DUI charges usually have a maximum of six months in prison.
2. Federal DUI cases do not allow for summary probation, nor the possibility of early parole release. The only method to reduce one’s time in prison consists of earning credits for good behavior.
3. The expungement process is notably different between federal and Nevada DUI cases. While it is possible to obtain a D.U.I. expungement in Nevada, federal DUI convictions have no such option — barring the rare occurrence of a Presidential pardon. Understanding these key differences is crucial for anyone facing D.U.I. charges on either level and can help them navigate the legal process ahead better.
D.U.I. Committed by Military Personnel
Driving under the influence of alcohol and/or drugs is a serious offense, and members of the military are not exempt from the consequences. In fact, when military personnel are charged with a D.U.I. in Nevada, they typically face the same civilian charges as anyone else. However, there is an added layer of complexity when a military member is accused of a D.U.I. on a military base, such as Nellis Air Force Base.
In these instances, personnel may face a court-martial under Section 911, Article 111 of the Uniform Code of Military Justice (UCMJ). This represents a more severe set of consequences unique to military members and underscores the importance of facing their responsibilities with caution and respect for the law.
NOTE: these military-specific charges do not apply to civilians arrested for a D.U.I. while visiting military installations. If you find yourself in this situation, your case will be handled by a federal prosecutor under 18 U.S. Code 13.
In conclusion, while military personnel D.U.I.s are generally subject to civilian charges in Nevada, the location of the offense can have significant implications. Military members should be aware that their actions may lead to more severe repercussions, directly affecting their military career. As for civilians, it’s essential to exercise caution when visiting military bases and follow all laws to avoid legal complications.
Call BLGWINS For Help with Your Nevada DUI
Regardless of your case’s specific circumstances, a competent and experienced defense attorney will be invaluable in helping you navigate the complexities of federal or Nevada DUI laws. At BLGWINS, we understand that facing such serious charges can be incredibly intimidating, which is why our team strives to craft an aggressive strategy for every individual’s situation. We take pride in providing personalized service and building strong relationships with our clients — something that sets us apart from other firms.
For more information on how we can help with your particular situation, don’t hesitate to give us a call or fill out our contact form online today. Let us put the power of experience and knowledge firmly in your corner when it comes to your DUI case.