When Does Drunk Driving in Massachusetts Become a Federal DUI? 

In Massachusetts, drunk or drugged driving is called operating while intoxicated, or OUI. However, it will fall under federal DUI laws instead of those used for state crimes if you’re on federal land and you may be charged and penalized differently than if you were on state property. Here’s what to expect after being arrested for a federal DUI and how to get help from a Cape Cod OUI lawyer. 

Federal DUI/OUI Explained 

The only difference between a state OUI on Cape Cod and a Federal DUI is that one takes place on federal land and the other takes place everywhere else. The penalties aren’t necessarily harsher for a federal DUI; this is a decision made by the judge sentencing you if you are convicted. 

Generally, your penalties will be worse the more egregious or negligent your actions. For example, if your BAC was very high at the time of your arrest, it’s likely that you will face the maximum penalty. 

Possible Consequences & Defenses to a Federal DUI

While federal statute only classifies a DUI on the national property as a Class B misdemeanor, this is still an offense that carries serious criminal penalties if you are convicted. If prosecutors are successful, you could spend as many as six (6) months in prison and be charged up to $5,000 in fines. 

Defenses Depending On Case Circumstance

Which defenses are available in your case will depend on factors like what happened during your arrest and how your attorney can attack the prosecution’s case against you. Ideally, you will be able to get the case dismissed because your lawyer pointed out issues like a broken chain of custody or improper collection procedures for BAC testing. 

Or perhaps the police that stopped your vehicle didn’t have a good enough reason to do so. Police must have reasonable suspicion that you committed a crime to lawfully stop you. If you didn’t break any laws and law enforcement didn’t have probable cause, it’s possible that the charges against you will be dropped altogether. 

Cape Cod, MA criminal defense lawyer Thomas Kokonowski knows the challenges faced by citizens who were charged with federal crimes. These matters are serious and demand the expertise of a criminal defense lawyer who is well-versed in the U.S. criminal code, particularly in the area of DUI. Dial 774-561-2689 now to schedule your consultation.