Motorists may not realize that the federal government owns much of the land in Nevada. As a result, driving through federal lands in Nevada while under the influence of alcohol or drugs can result in DUI charges under federal law. Although Nevada and federal law generally proscribe the same types of intoxicated driving, federal DUI laws can impose more severe penalties than convictions under Nevada law. If you face federal DUI charges, you need a criminal defense attorney with experience defending drivers in federal court.
Federal DUI vs Nevada DUI
Federal regulations prohibit intoxicated driving within areas of federal land such as national parks, forests, and conservation areas. On other types of federal property, the Federal Assimilative Crimes Act adopts Nevada DUI laws to prohibit drunk and drugged driving.
Under state and federal law, a motorist may face prosecution for DUI while driving with a blood alcohol concentration (BAC) of 0.08 percent or more or while under the influence of alcohol or drugs (whether legal or illegal) that affect their ability to operate a vehicle safely. The limits are stricter for commercial drivers (0.04 percent) and those under 21 (0.02 percent). Federal and state DUI laws also include implied consent laws, under which drivers must provide consent to chemical testing following a DUI arrest or face administrative penalties such as the loss of driving privileges.
In certain circumstances, a person can face a DUI prosecution under both federal and state law. Dual federal and state criminal prosecution does not necessarily violate a person’s double jeopardy rights since a single crime can violate federal and state law simultaneously.
Key Differences Between Federal and State DUI Laws and Penalties
Violating federal DUI laws in Nevada will result in prosecution in the U.S. District Court for the District of Nevada. Conversely, a state DUI charge will lead to prosecution in Nevada state trial court. As a result, facing prosecution for federal DUI versus state DUI may entail different court procedures.
Penalties for a federal DUI charge can differ from state penalties. Although a conviction under the Federal Assimilative Crimes Act will carry the same penalties as a conviction under Nevada state law, committing a DUI in a national park, forest, or conservation area may result in increased penalties, including up to $5,000 in fines.
When Is Federal DUI Law Applicable in Nevada?
Although Nevada DUI laws apply by default when driving under the influence of alcohol or drugs, a motorist may face federal prosecution for intoxicated driving that occurs on federal property, such as:
- Military bases and test ranges
- Tribal reservations
- Federal building complexes
- National parks, forests, or conservation areas
Furthermore, active-duty members of the U.S. military arrested for DUI on federal property or while operating U.S. government-owned may face a court martial under the Uniform Code of Military Justice.
Contact Our Experienced DUI Defense Law Firm Today
If you’re facing state or federal charges of driving under the influence of alcohol or drugs, you need experienced and knowledgeable legal advice and advocacy to protect your rights and interests. Contact Adras & Altig today for a free, confidential consultation with our knowledgeable DUI defense attorneys to discuss your legal options.
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