Posted by duijim in on February 11, 2021
For all of you who are wondering about the DUI on Federal Property in Atlanta, Georgia, the best advice is to find a good lawyer. But, it would also be a good thing to get the information about this particular situation. We will explain all of the things that you should be familiar with, when it comes to DUI on Federal Property, in this area.
It is a common situation where the people believe that if they are driving under the alcohol or a drug influence and they are arrested for that, the charges will be the same in the whole state. But, that is not entirely true given that in Atlanta, Georgia, at the moment we have two different and separate sets of laws that are prohibiting the conduct behind DUIs. Each of these two sets of laws brings its consequences.
The biggest number of DUI cases in Georgia will charge in the state court, but, there is a possibility that some other cases will be under the jurisdiction of the federal system. The DUI cases that are going to be charged in the federal court are the cases that have been accused of committing on federal lands- different national parks, national historic sites, cultural heritage corridors, national monuments, etc.
If you are interested in finding out which of the destinations are included in Georgia’s federal lands, those destinations are Andersonville’s Camp Sumter, Appalachian Trail, Arabia Mountain, Augusta Canal, Chattahoochee River, Chickamauga & Chattanooga, Cumberland Island at St. Mary’s, Fort Frederica, Fort Pulaski, Gullah Geechee Cultural Heritage Corridor, Jimmy Carter National Historic Site, Kennesaw Mountain, Martin Luther King Jr. National Historical Park, Ocmulgee National Monument and the Trail of Tears.
There is not a big difference between the federal DUI laws and Georgia’s state DUI laws. According to federal law, you are committing a DUI in the circumstance where you are driving under the influence of alcohol, the influence of a drug, or under the influence of both things. Also, you are committing a DUI in the circumstance where you are driving with more than 0.08 grams of alcohol in your breath or your blood system.
The important thing that you should be aware of is that the police officer can ask you for a sample, and you must take the test. If you decide to refuse to take a test, that is considered as the DUI refusal. In both courts, in the federal but also the state court, refusing to take the test is something extremely important. Both courts obligate the suspected driver to take the test.
If the driver gets a federal DUI charge, there is a huge possibility that he will get up to six months in jail. The charges in the federal court are heard by the magistrate, unlike in the state court, where the charges are heard by the judge.
The important thing to know is that in both courts, in the state court and the federal court, there is a possibility for negotiation for a settlement with the prosecutor. But, that is your lawyer’s job.