What happens if you face charges of a DWI in a national park?

On Behalf of | Jul 31, 2024 | Criminal Defense |

If you face charges of driving while intoxicated (DWI) in a national park, expect authorities to handle your case differently than they would on state or local roads. Why? National parks are federal property, and as such, any legal offenses an individual commits within them are subject to federal law.

What should you expect in this situation?

Arrest and charges

Law enforcement officers in national parks can arrest individuals suspected of DWI. The specific charges will likely fall under Title 36 of the Code of Federal Regulations, which govern criminal and traffic offenses within national parks, forests and public property.

Case jurisdiction

Since national parks fall under federal jurisdiction, the prosecution of a DWI charge will be made under federal law. This is different from state laws governing DWI outside of federal lands.

Additionally, federal courts oversee cases of DWI in national parks. The law authorizes these courts to hear misdemeanor cases, which most DWIs are, unless there are aggravating factors, like injuries or fatalities.

Penalties

Penalties for a DWI in a national park can include fines, imprisonment, probation and the loss of driving privileges within federal lands. The type and severity of the penalties will depend on the specifics of the case, such as the level of intoxication and whether it is a repeat offense.

Right to legal representation

As with any criminal charge, individuals have the right to legal representation, regardless of whether a charge is in a state or federal level. It is advisable for anyone charged with DWI in a national park to seek the guidance of a lawyer who is experienced with federal DWI laws and proceedings.

If you or someone you know is facing such a charge, it is crucial to understand the nuances of federal and state DWI laws. This will allow you to make informed decisions and protect your rights.