Federal DUI in Massachusetts
If you are charged with at Federal DUI in Massachusetts, your case will be heard in the Federal District Court. Driving under the influence of alcohol in a national park or on federal government property, is a criminal offense and is punishable similar to how an OUI charge would be prosecuted in Massachusetts.
The location of where a federal DUI offense occurs is important in understanding how the case will be handled. Cases that occur in federal national parks, such as, for example, Charlestown National Park or the Lowell National Park will be based on the regulations governed in the Code of Federal Regulations. These regulations can be found in Title 36, section 4.23 of the United States Federal Code. If your DUI charge occurred on federally owned land, such as, for example the Hanscom Air Force Base or the Otis Air Force Base, the case would be prosecuted pursuant to the Assimilative Crimes Act.
Under Federal DUI law, an individual does not have the right to refuse a breathalyzer test. Accordingly, if you refuse a breathalyzer test you will face a separate misdemeanor charge for breathalyzer refusal.
A Federal DUI is considered a Class B misdemeanor, and could result in a maximum jail sentence of six months and probationary conditions.
If you are charged with a federal DUI, it is important to hire an attorney experienced in handling Federal DUI cases, as these cases are different than state drunk driving cases and require specialized knowledge of how the federal court works. If you have any questions regarding a Federal DUI charge in Massachusetts, you can call Attorney Delsignore at 781-686-5924.