A DWI charge issued at Sandy Hook or another federal property is much more complex than its state court counterpart. The offense is handled in the United State District Court in Newark which is a much more formalized and complex setting. In addition, a DUI that occurs in a location administered by the National Park Service falls under 36 CFR 4.23 (“Operating under the influence of alcohol or drugs”). Unlike the New Jersey DWI Law, this statute carries up to six (6) months in jail and a maximum fine of $5,000 for even a first offense. You clearly cannot afford to make a mistake in the selection of a lawyer given these high stakes. If you have been charged with drunk driving at Sandy Hook, you will need to be represented by an attorney who is skilled in both DWI defense and in handling this violation at the federal level if you want to avert significant penalties.
Skilled Attorneys To Defend Your Sandy Hook DUI Charge
At The Law Offices of Jonathan F. Marshall, our lawyers can offer a level of experience and training that few can parallel in this state. Our team includes several former prosecutors, is largest DWI firm in the state, and has been defending those arrested for DUI in Sandy Hook for over twenty years. Three of our attorneys are even among less than ten in NJ who are certified on both the Alcotest and as instructors in Field Sobriety Testing. These are the two methods used by park rangers to prove a motorist is intoxicated and we have exceptional training in both these disciplines. To speak to a lawyer about the facts of your case, you can contact us at 732-450-8300 in Red Bank or 973-733-2204 in Newark. The consultation is free of charge.
Federal Park DWI Offense
36 CFR 4.23 outlines the applicable law that applies to your federal park DWI offense. This regulation provides, in pertinent part, that:
§ 4.23. Operating under the influence of alcohol or drugs.
a. Operating or being in actual physical control of a motor vehicle is prohibited while:
- 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; or
- The alcohol concentration in the operator’s blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. Provided however, that if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator’s blood or breath, those limits supersede the limits specified in this paragraph.
(b) The provisions of paragraph (a) of this section also apply to an operator who is or has been legally entitled to use alcohol or another drug.
(c) Tests.
- At the request or direction of an authorized person who has probable cause to believe that an operator of a motor vehicle within a park area has violated a provision of paragraph (a) of this section, the operator shall submit to one or more tests of the blood, breath, saliva or urine for the purpose of determining blood alcohol and drug content.
- Refusal by an operator to submit to a test is prohibited and proof of refusal may be admissible in any related judicial proceeding.
- Any test or tests for the presence of alcohol and drugs shall be determined by and administered at the direction of an authorized person.
- Any test shall be conducted by using accepted scientific methods and equipment of proven accuracy and reliability operated by personnel certified in its use.
It is important to keep in mind, however, that the judge is free to also “assimilate” New Jersey law in adjudicating your case. What this means is that N.J.S.A. 39:4-50 can also be applied, for example, if the violation is a second offense or third offense as the federal regulations do not include enhanced penalties for repeat offenders. This is just one more example of the more complicated nature of federal DUI charges and need for a savvy lawyer representing you.
DWI Penalties That Will Be Imposed If You Are Convicted In Federal District Court
The federal judge presiding over your Sandy Hook DWI charge will assimilate state law and penalties if you are convicted. The penalties that are typically applied are set forth in the chart that follows.
| Nature of Violation | Suspension | Monetary Penalties | Jail | Other Consequences |
|---|---|---|---|---|
| First Offense With BAC of 08% But Less Than .10% | Until Interlock Installed | $250–$400 fine $230 IDRC fee $100 Drunk Driving Fund $100 AERF $1,000 Surcharge Annually for 3 Years $75 Safe Neighborhood Fund $50 VCCB Fund | Up to 30 Days | 12–48 hours IDRC |
| First Offense With BAC of 10% or Higher or Violation Involves Drugs | 4-6 Months | $300–$500 fine $230 IDRC fee $100 Drunk Driving Fund $100 AERF $1,000 Surcharge Annually for 3 Years $75 Safe Neighborhood Fund $50 VCCB Fund | Up to 30 Days | 12–48 hours IDRC Ignition Interlock If BAC 0.15% or higher |
| Second Offense | 1-2 Years | 500–$1,000 fine $280 in IDRC Fees $100 Drunk Driving Fund $100 AERF $1,000 Surcharge for 3 Years $75 Safe Neighborhood Services Fund $50 VCCB | 2-90 Days | 30 Days Community Serv. 48 Hours in IDRC Ignition Interlock During Suspension & 1-3 Years Following Restoration |
| Third Offense | 8-10 Years | $1,000 fine $280 in IDRC Fees $100 Drunk Driving Fund $100 to AERF $1,500 Surcharge for 3 Years $75 Safe Neighborhood Services Fund $50 VCCB | 180 Days Of Which Up To 90 Days May Be Served In An IDRC Approved Inpatient Rehabilitation Facility | Up to 90 Days Community Service Ignition Interlock During Suspension and 1-3 Years Following Restoration |
Sandy Hook Operating Under the Influence Attorney
It is easy to feel overwhelmed after being charged with operating under the influence in Sandy Hook New Jersey. The process can be intimidating, especially when you learn the seriousness of the penalties. Our lawyers can help you avoid a negative outcome utilizing extensive knowledge in this area of law and the court. To speak to an attorney about the facts surrounding your arrest, the roadside investigation and what occurred at the station, contact our firm any time of day or night. We will address your concerns and plot a course for the successful defense of your charge.
