If a person is arrested for driving under the influence of alcohol or drugs (DUI) on federal property, they may be charged with a federal DUI. A federal crime is considered any criminal act that takes place on federal property, or property that is under federal jurisdiction. The two most common places where federal driving under the influence arrests occur are national parks and military bases. A federal DUI can also occur at some airports, post offices, government compounds, parking lots on federal land, or national monuments. An individual who is driving on designated federal land while impaired by alcohol and who has a blood alcohol content (BAC) of either .10 grams of alcohol per 100 ml. of blood, or .10 grams of alcohol per 210 liters of breath can be charged with DUI.
The location where the DUI took place will determine how the driver will be prosecuted. If the DUI took place on land administered by the National Park Service, the driver will be charged and tried pursuant to the Code of Federal Regulations. If the DUI occurred on any other federal property, the driver will be tried under the DUI laws and penalties of that particular state through the federal Assimilative Crimes Act.
Under the laws of the National Park Service, DUI is a class B misdemeanor and is punishable by up to six months in jail, monetary fines (maximum of $5,000), and probation for up to five years.
If such an arrest takes place on federal land outside of National Park Service land or military bases, the driver will be prosecuted in the state of arrest according to that state’s statutes.
Individuals who drive on federal lands do so under an implied consent law, meaning that they must submit to a blood, breath or urine test to determine blood alcohol content (BAC) if arrested on suspicion of driving under the influence. Refusing a chemical test after a lawful drunk driving arrest is a misdemeanor under the Code of Federal Regulations. If convicted, the driver faces a fine, up to six months in a federal prison, or both. In addition, the motorist will lose his or her driving privileges on federal lands for one year, beginning on the date of arrest.
Members of the Armed Services who are arrested on military bases for DUI will be prosecuted in federal court. Unfortunately, members of the military often have additional consequences from DUI cases other than regular criminal penalties. These consequences can range from a letter of reprimand to a demotion in rank and even dismissal from the military. The Uniform Code of Military Justice prohibits operating or being in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person’s blood or breath is equal to or exceeds the applicable limit proscribed by the Code. The Uniform Code of Military Justice also has a provision which prohibits officers from operating or being in physical control over vehicles, aircraft or vessels while impaired by controlled substances.
The attorneys at the law firm of Nave DWI Defense Attorneys are experienced in handling DWI cases. If you need a lawyer who can help you obtain the best possible outcome in your DWI case, call the law firm of Nave DWI Defense Attorneys.
The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.