DOES local or National law DUI apply

When Local DUI Law Controls The individual rights guaranteed in the United States Constitution are federal rights that cannot be restricted by any state. Each individual state has the authority to expand those rights, however, and can give citizens more protection than the federal constitution. Think of the federal constitutional as a floor, not a ceiling, regarding your rights in a DUI case. Because individual states have the authority to expand on federal rights, the protections regarding searches and seizures can differ depending on the state in which you get your DUI charge. According to the Supremacy Clause in the U.S. Constitution (Article VI, Clause 2), when a federal law and a state law conflict, the federal law controls. States are required to follow applicable federal laws, and any state legislation or court decision that conflicts with federal legislation or rulings should not be followed. When you talk about your DUI case, realize that the state law from that state is going to be most authoratative. This means that if you are in a Washington State DUI court, the judge will consider Washington State caselaw, statutes and administrative code first. As long as the answer to the issues in your DUI case is found within the laws of your state, judges will typically look no further (as long as the laws don't provide less protection to you than the federal constitution). When Local DUI Law Is Not Clear: If the answer to the legal questions in your case are not found in the laws of your state, and the federal consitution doesn't apply to the issue, then judges can look at what other states have done about similar issues. For example, if you are charged with a DUI in Arizona it would be a mistake to look only at Arizona DUI law, as you may have an issue that Arizona law is not clear about. Washington State and California laws played a large part in forming Arizona's laws, so Arizona gives special deference to the laws of those states when interpreting the intent of the original drafters of Arizona Law.