36 CFR § 4.23 – Federal Park Police DUI and DWI Charges
36 CFR § 4.23 punished two variations of drunk driving: (1) driving under the influence (“DUI”) in violation of 36 C.F.R. § 4.23(a)(1), and (2) driving while intoxicated (“DWI”) in violation of 36 C.F.R. § 4.23(a)(2).
Operating a motor vehicle in a National Park or on a federal road while under the influence of alcohol is a violation of 36 CFR § 4.23. Driving under the influence (DUI) is a class B misdemeanor and carries a maximum penalty of 6 months of imprisonment, a $5,000 fine, a term of probation of up to 5 years, and judicial discretion to attach a host of various other conditions to the probationary term, such as alcohol education classes and restrictions on driving a motor vehicle. An accused driver is not allowed. An accused driver is not entitled to a jury trial and a U.S. Magistrate Judge will determine the driver’s fate.
The elements of operating a vehicle under the influence in violation of 36 C.F.R. § 4.23(a)(1) are:
(1) the defendant must be operating or in actual physical control of a motor vehicle,
(2) the defendant must be under the influence of alcohol or drugs,
(3) to such a degree that the defendant is incapable of safely operating the vehicle.