Federal DUI Attorney, Knoxville, TN
Many DUI cases are prosecuted in state courts, but some get arrested on federal property while operating a motor vehicle. DUI arrests that occur on federally owned land, like the Great Smoky Mountain National Park, Big South Fork National River and Recreation Area, and Cherokee National Forest, are prosecuted in the United States District Court.
The cases are heard on the merits by a United States Magistrate, sitting without a jury. The penalties for a federal DUI conviction are calculated under the Assimilated Crimes Act. No federal law directly controls federal prosecutions of DUI cases, and state law on DUI is applied to the prosecution and defense of these cases. This office has tried several cases over time in federal court.
There is a huge difference between those prosecutions and those that arise in state court. The expense of a DUI case in federal court is generally higher than in state court because of the nature of the investigation and other major factors regarding the defense. A DUI attorney with experience and knowledge handling federal DUI cases can explain the difference between state and federal prosecutions and the potential penalties for each.
Experienced Knoxville Federal DUI Lawyer
The federal DUI law is different. For example, the standard is not driving under the influence but rather “incapable of safe operation.”. It has been argued that this is a higher standard than that imposed in state court. Tennessee law defines impairment as impairment to the extent that one is deprived of the clarity of mind and control that one would otherwise possess. One other chemical test is added to the list of approved chemical tests: the saliva test. To discuss that test would require an in-office meeting.
If your lawyer is unaware of the science behind those chemical testing methods, perhaps you should consider one who is more experienced in those matters. To make matters worse, a refusal to submit to chemical testing can be prosecuted as a federal crime. Under these regulations, drunk driving in a national park is a misdemeanor, but the sanctions can be more engaging than state court.
Various federal circuits have the authority to impose a punitive sentence greater than the minimum sentence in state court. If you have a federal DUI charge, you should consult and employ one with the experience and reputation to put forth a federal defense to the crimes charged.
Hiring the Right Federal DUI Attorney
The Law Offices of James A.H. Bell, PC. have forged their reputation on the foundation of vigorous and zealous advocacy. They pride themselves on direct and immediate contact with their clients. Our goal is to answer all our client’s questions and prepare every case for trial as though it were our own.
In one case this office handled, the defendant was acquitted by the magistrate judge, and the government had the transcript typed to use as a training guide for the park service and the federal prosecutor’s office on what perils they face when confronted with zealous defense lawyers.
