Legal Question in DUI Law in California

drunk driving

If I were to get a DUI in California and I was native american would I be exempt from the charges due to my civl rights as a indian?


Asked on 8/28/01, 4:14 pm

2 Answers from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: drunk driving

In a word, no. No person is exempt from the DUI laws by virtue of their national origin.

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Answered on 9/17/01, 1:08 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: drunk driving

Thanks for your posting. Criminal law is jurisdictional, meaning that the laws where you are arrested apply. If you were arrested outside of a reservation, then the state laws would apply. If you were arrested within the reservation, then many of the reservation laws adopt local, state, and federal laws.

Although you are a "citizen" of the tribal lands you live in, even citizens of foreign countries can be charged with crimes committed within the jurisdiction.

Thanks, and if you want representation or further advice, please feel free to email or call me at 1-877-568-2977.

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Answered on 9/17/01, 2:14 pm


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