Is there a federal standard for blood alcohol content when driving?

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Question:

Is there a federal standard for blood alcohol content when driving?

Answer:

In the vast majority of DUI situations, the states each set their own laws. This includes laws relating to blood alcohol content. While .08 percent is the standard across most states, this doesn't make this a federal standard. It is simply a number that each state has determined is the appropriate number at which to set the bar for DUI charges. However, there are certain states that do set the BAC level at .10 percent instead of at .08 percent.  In addition, Federal DUI charges do set the bar at .10 percent.

Federal DUIs are possible, but only under very limited circumstances. For example, you may be charged with a federal DUI if:

  • The DUI took place on federal land such as a federal court
  • The DUI occurred in a location controlled by federal law, such as a national park

If you are accused of a federal DUI, you need to consult with a DUI attorney who is experienced at handling federal cases. Since these cases are controlled by the federal court, a different court process is used and you may face potentially different penalties than you would with a state-DUI case. As such, you will need a lawyer to guide you through the process and help you to minimize the penalties you face.

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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