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The United States Constitution and the Bill of Rights were enacted to protect American citizens. These laws did not apply to the Native Americans since they were created without their representation. The federal court system did not have jurisdiction over crimes that occurred between Native Americans on tribal land. To address these issues, the Indian Civil Rights Act (ICRA) was passed in 1968 and applies to all Indian tribes throughout the nation. According to the ICRA, tribal governments are prohibited from enacting or enforcing laws that violate certain individual rights. Congress adopted the ICRA to ensure that all tribal governments respect the basic rights of both Indians and non-Indians. If a Native American is arrested for an Arizona DUI, the tribe has criminal jurisdiction over the case.
Penalties for a DUI Offense on Tribal Land
Any member of a Native American tribe who is charged with an Arizona DUI while on the reservation will be subject to tribal laws. Every federally recognized tribe has tribal codes that outline the DUI penalties. However, these are limited due to the Indian Civil Rights Act. The Act specifically states that tribal members are free from the following:
- From prosecution more than once for the same offense
- From punishment of more than a year in jail
- From fines of more than $5,000
A tribal member charged with a DUI belonging to a different tribe will be subject to the laws of the tribe where the offense occurred. Indian tribes in Arizona have jurisdiction over crimes involving non-Indians that are not a felony offense.
DUI Penalties in Arizona
The Indian tribes in Arizona have tribal police officers to enforce the laws. However, their legal authority only allows them to temporarily detain a non-Native American who has committed a criminal offense. The suspect must be transferred to the custody of law enforcement officials in Arizona. A non-Indian charged with a DUI offense while on an Arizona Indian reservation will face the same penalties as if the crime occurred off the reservation. The penalties for Arizona DUI offenses are:
| DUI Offense | Jail Time | Fines | Ignition Interlock |
| BAC .08 to .15 | 10 to 180 days | $2,000 | 12 Months Mandatory |
| BAC .15 to .199 | 30 to 180 days | $3,000 | 12 Months after License Reinstatement |
| BAC .200 or higher | 45 to 180 days | $3,250 | 18 Months after License Reinstatement |
If an Arizona DUI involves an accident where a Native American was injured on the reservation, the tribe has jurisdiction over the case.
Get Legal Help
The state and federal laws concerning who has jurisdiction over a DUI case are often difficult to understand. If you have been charged with a DUI offense, contact an Arizona attorney for assistance. There are many possible defenses that can be made and a skilled lawyer might even get the charges reduced.
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