There are many different rules that govern drunk driving in Ohio, including some laws that come from the federal level. If you are charged with operating a vehicle while intoxicated on federal property, then you face a federal DUI charge. This may seem overwhelming and may add an extra layer of confusion to the already overwhelming process of defending against a DUI. Cleveland DUI attorney A. Dale Naticchia proudly serves Ohio residents facing DUIs / OVIs throughout Akron and other areas of Cuyahoga County. He is available to help you navigate your claim and to determine the best course of action that honors your rights while ensuring that you are treated fairly. Contact him today to learn more about your legal options.Understanding Federal DUIs in Ohio
In most cases, a driver who is charged with driving under the influence is arrested on state land, which means the matter falls under state jurisdiction. There are many different places throughout the United States that are technically classified as federal land, however. If you are charged with a crime on these properties, then it is treated as a federal crime. Some common examples of locations that are classified as federal property include national monuments, national parks, military bases, federal courthouses, federal buildings and their adjoining parking lots, and airports.
Ohio has many different locations that are classified as federal property. Cuyahoga Valley is a national park located near Cleveland and Akron, for example. In other areas of the state, First Ladies National Historic Site, the Heritage National Aviation Museum, and a portion of the Lewis & Clark National Historic Trail are also present.
If you are charged with a DUI in any of these locations, then you face federal prosecution. As is true under state laws, the federal legal limit for driving under the influence is 0.08% blood alcohol content. You will probably be asked to submit to a field sobriety test and chemical test when you are stopped by an officer on suspicion of drunk driving. The same rights and protections regarding unlawful search and seizures apply to these interactions even though they are governed by federal law.
In most cases, a DUI on federal property is charged as a Class B misdemeanor. There are many penalties that this can carry, including up to $5,000 in fines, a maximum of six months of incarceration at a federal penitentiary, and no more than five years’ probation.
Like state drunk driving laws, federal DUI laws often take into consideration whether the person being charged has been convicted of a similar offense within recent years. If you have a history of drunk driving convictions, then your charge may be elevated to a Class A misdemeanor or felony. The prosecutor can take into account other facts at play during the time of your arrest, which are referred to as aggravating circumstances. This includes things like having a blood alcohol content of .15% or more, or engaging in other reckless conduct while also driving under the influence, like having a minor under the age of 14 in the vehicle.Defenses
If you are facing a federal charge for drunk driving, it is advisable to speak to a seasoned drunk driving defense lawyer. Although your case may seem hopeless, there may be constitutional or defenses available to you or other aspects of the case that warrant reduced or dropped charges. If the police did not use proper procedures when conducting a stop and search, for example, then any evidence they obtained should be discarded as illegally obtained.DUI / OVI Attorney for Drivers in Cleveland
A. Dale Naticchia has seen firsthand how stressful a Cleveland DUI /OVI charge can be for an individual regardless of whether it is at the state or federal level. As a seasoned drunk driving defense lawyer, he will investigate the charges against you, gather evidence, and seek to ensure that you are treated fairly throughout the process. He is available to serve clients throughout Rocky River, Parma, Bedford, Berea, Garfield Heights, Stow, and Barberton. Call him now at 216-520-5297 or contact him online to get started.