Can I Face Federal Criminal Charges for a DUI in Colorado?
You may know that you can face charges for driving while ability impaired (DWAI) or driving under the influence (DUI) in Colorado if you have a certain blood alcohol concentration (BAC), or if you are driving in such a way that indicates you are impaired by or under the influence of drugs or alcohol or both. A DWAI in Colorado is the lesser of the two charges, and a per se DWAI requires a BAC of at least 0.05 percent but less than 0.08 percent. A DUI is the more serious of the two charges, and a per se DUI of 0.08 percent or higher. Now, a motorist can face either of these charges under Colorado state law, under CRS 42-4-1301. But can you be in a situation where you are facing federal criminal charges for a DUI?
A driver can in fact be charged with a DUI under federal law in Colorado. Our Colorado DWAI and DUI defense lawyers can explain these types of charges in more detail below, and we can begin working with you on your defense if you are facing charges.
Learning About Federal DUI Charges
Under 36 CFR 4.23, a person can face federal charges for operating under the influence of alcohol or drugs. This is a federal statute that allows for federal criminal charges to be brought against a motorist for “operating or being in actual control of a motor vehicle” while that motorist is “under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation.”
The federal law also has a per se DUI element, which means that a person can face federal DUI charges if they have a blood alcohol concentration of 0.08 percent or higher.
Federal DUI Charges on Federal Lands
When would a person face federal DUI charges rather than state DWAI or DUI charges in the Denver area? In short, if you are arrested for driving under the influence on any federal land, you can face federal DUI charges.
Federal lands include many public lands, such as the Arapaho and Roosevelt National Forests, and other public lands managed by the federal Bureau of Land Management. Military bases in Colorado are also on federal land.
Contact a Denver DUI Defense Lawyer for Assistance with State or Federal Impaired Driving Charges You Are Facing
Are you facing federal DUI charges after being stopped and arrested on federal land in Colorado? While federal DUI charges in Colorado are not as common as state charges for a DWAI or DUI, it is just as critical to have a lawyer on your side to help you fight the charges you are facing. You should get in touch with one of the experienced Denver DWAI and DUI defense attorneys at DeChant Law today to discuss your case. We can assist you with all aspects of DWAI or DUI charges you are facing, and we can also use state-of-the-art forensic methods to build your defense and to show that the chemical test the prosecution is relying on is inaccurate or erroneous. Contact us today for help with your DUI defense.
Sources:
law.justia.com/codes/colorado/title-42/regulation-of-vehicles-and-traffic/article-4/part-13/section-42-4-1301/
law.cornell.edu/cfr/text/36/4.23
