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What Is the Difference Between State and Federal Alcohol Crimes?

What Is the Difference Between State and Federal Alcohol Crimes?

What Is the Difference Between State and Federal Alcohol Crimes?

When you are going through the criminal justice system for the first time, you may be confused about the difference between state and federal crimes. Federal crimes are very different from state crimes for a few reasons. If you are charged with crimes related to alcohol, it is most likely that they are state crimes (with some exceptions).

Different Crimes, Different Courts

When you are charged with violating a state law, you are accused of committing a state crime. When you are charged with violating a federal law, you are accused of committing a federal crime. People accused of committing state crimes go to state court and talk to a state judge. In Oklahoma this is called district court. Confusingly, the federal courts nationwide are also referred to as district courts.

If you are found guilty of a state crime such as DUI, you may go to jail or state prison. In contrast, if you are found guilty of a federal crime, you go to federal prison – usually further away and with inmates who committed very serious crimes.

Which Crimes Are State and Which Are Federal?

The federal government leaves it up to the states to make most alcohol-related laws. For example, states can decide the legal drinking age. State legislatures pass laws prohibiting drunk driving, impaired driving, and reckless driving. The states create regulations governing breathalyzer calibration and driver’s license revocation. In Oklahoma, some cities such as Tulsa and Oklahoma also have municipal laws concerning alcohol use.

However, the federal government has passed some alcohol-related laws. For example, people are sometimes charged with transporting alcohol across state lines in violation of the 21st Amendment. They must also have violated a state or local law (such as a dry county law) to be charged with the federal crime.

In addition, the federal government passed the Federal Alcohol Administration Act. This Act contains laws that:

  • Require permits for producing, importing, or selling alcohol
  • Regulate labels and advertisements for alcoholic beverages
  • Prohibit unfair trade practices such as bribery in connection with alcohol sales

Again, people accused of DUI in Oklahoma will be charged under state or municipal law, not federal law. You only go to federal court if you are accused of federal crimes such as transporting alcohol across state lines or illegally producing alcohol without a permit.

Charged with a state alcohol-related crime such as driving while impaired (DWI)? Seek out a DUI attorney with the know-how to tackle your case the right way from the start. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, now teaches other attorneys and law enforcement about sobriety testing techniques and defends Oklahoma drivers charged with DUIs. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.