available 24/7
Free Consultation
Posted on October 31, 2025 in assault & violent crimes
Federal laws can apply to criminal offenses on federal and tribal lands in Arizona, like Grand Canyon National Park, other land owned by the Federal Government (Bureau of Land Management), and tribal reservations. These laws include prohibitions against driving under the influence (DUI) of alcohol and/or drugs and/or vapors.
On federal and tribal lands, many DUI cases are handled under Arizona’s state DUI laws via the Assimilative Crimes Act and the penalties are set forth by Arizona’s state DUI laws, which can include up to six months in jail, fines of up to $5,000, and probation for up to five years for misdemeanor DUI and up to 10 years for felony Aggravated DUI.
Rosenstein Law Group represents Arizona residents charged with DUI offenses wherever they are accused, whether on state or federal lands. In this post, we explore how federal law can apply to a DUI charge.
If you have been charged with DUI on federal or tribal land, call our office at (480) 248-7666 for a free consultation with one of our experienced Arizona DUI attorneys.
Whether you face federal DUI charges depends on the specific location where you were cited/arrested for DUI.
If you are driving on any National Park System land, federal DUI law applies:
The federal law that governs DUI on federal National Park System land is under the Code of Federal Regulations, specifically: 36 CFR Section 4.23. The CFR establishes a blood alcohol concentration (BAC) threshold of 0.08, similar to Arizona’s DUI law. The federal regulation also establishes the following blood and breath test limits:
A law enforcement officer can pull you over for reasonable suspicion of a traffic violation on federal land if the officer has probable cause to believe that you are operating a motor vehicle, or are in actual physical control of one, and you were impaired by alcohol and/or drugs.
Under CFR 4.23(c)(1), if an “authorized person” pulls you over for DUI in a National Park System, and has probable cause to believe you are DUI, you are required to submit to one or more tests of the breath, saliva, or urine for the purposes of determining blood alcohol and/or drug content. An authorized person is an employee or agent of the National Park Service with delegated authority to enforce the federal DUI law.
BAC testing is meant to supplement the authorized person’s determination of probable cause.
Unlike under Arizona state law where refusing to provide a chemical sample results in merely an administrative license suspension, it is a federal misdemeanor criminal offense if you refuse to submit to the chemical test(s), which carries up to six months in federal prison and substantial fines.
In addition, if you are pulled over for DUI on federal land, the Assimilative Crimes Act can also be applied. This law is found in Title 18, Section 13 of the United States Code (18 U.S.C. 13). The effect of the Assimilative Crimes Act is to effectively borrow Arizona state law where no specific federal law exists.
For example, let’s say you are charged with a DUI offense while driving on federal land, the federal government can prosecute you using Arizona’s state DUI laws if there is no federal law that governs/applies, this will not be a state-level prosecution but federal-level in a federal District Court.
Specifically, this means:
One key difference is that the federal criminal justice system handles cases tried under the Assimilative Crimes Act without a jury unless you are facing more than 6 months of incarceration if convicted. Instead, a federal magistrate will preside over the trial as both judge and jury for DUI convictions that carry up to a maximum of 6 months of incarceration.’
There are currently 22 federally recognized Native American tribes in Arizona. For non-tribal member defendants, Arizona state courts have jurisdiction over your case and Arizona state law applies.
Native tribes have their own police departments and officers who are hired by the tribe to conduct law enforcement activities on tribal land(s).
Under Arizona Revised Statutes Section 13-3874, tribal police officers who are certified peace officers in Arizona and whose tribe has a cross-deputization or cooperative agreement with the state of Arizona have the same power and authority as non-tribal law enforcement agents.
A tribal police officer has the authority to detain and search non-tribal persons traveling on public rights-of-way through a reservation for potential violations of state and/or federal law. This means a tribal police officer can lawfully detain you for suspicion of DUI in Arizona, regardless of whether or not you are a tribal member.
Although tribal officers have the authority to investigate and detain non-tribal members suspected of committing crimes, they must contact state or federal officers to make an arrest and to pursue charges for DUI under Arizona state DUI laws.
If you are subject to a federal DUI conviction based on an offense that occurred in the National Park System, federal DUI charges are usually Class B misdemeanors (maximum six months in jail), under federal law.
Defendants in Class B Federal misdemeanor cases do not have a right to a jury trial like in Arizona state court. But if the charge is elevated, carrying more than six months’ imprisonment, a jury trial would be required.
Federal class B misdemeanor penalties can include:
If you are a military service member, you could face additional penalties through disciplinary action, including a letter of reprimand, demotion in rank, or even discharged from the military.
DUIs on federal land(s) can be prosecuted in federal District criminal courts and/or Arizona state court. The federal courts follow substantially different procedures compared to Arizona state courts that you need to be mindful of.
Legal defenses for federal and state DUI charges are often very similar if not identical. For example, your DUI defense lawyer may challenge the lawfulness of the traffic stop, the accuracy of BAC test results, whether police properly conducted field sobriety tests on you, and whether probable cause existed to arrest you.
Depending on the circumstances of your case, when federal DUI charges are brought against you, additional considerations can come into play. These can include challenges to federal jurisdiction, whether federal law procedural requirements have been met, and whether a Federal District Attorney properly applied Arizona DUI laws in a case under the Assimilative Crimes Act.
Being charged with a federal DUI can be intimidating.
Having the right legal DUI defense law firm when you are accused by federal authorities of DUI on federal or tribal lands can go a long way toward easing your concerns about how your case will be prosecuted, the defenses available to your specific case, and the possible punishment you could be facing.
At Rosenstein Law Group, our experienced DUI defense attorneys ensure that you have the best legal representation, regardless of the applicable legal framework, including federal DUI offenses. We have represented countless clients charged with federal DUI offenses and would be glad to represent you as well.
Contact one of our Scottsdale DUI attorneys 24 hours a day, seven days a week by calling (480) 248-7666 or contact us online.