Most people don’t know that you can be charged with a federal DUI – but you can, and its penalties and fines can be far worse than if you are charged by any local officer or Tennessee State Trooper. Federal charges – even DUI charges – need to be defended by an attorney who is licensed to practice in federal court, and should be defended by an attorney who has experience doing so.
When can you be charged with a federal DUI?
Any time you are charged with driving with a blood alcohol content (BAC) of over .08 – as mandated by Bill Clinton in 2000 – on a piece of federal property, you can face federal DUI charges. That includes driving on or in:
- The Great Smoky Mountain National Park’s roadways, like the Newfound Gap Road
- Interstate highways
- “The Spur” between Gatlinburg and Pigeon Forge
- Military bases
- National monuments
- Courthouses and government lands
What kinds of penalties will you face?
Most federal DUIs will use Tennessee laws as their guide under a doctrine called “assimilation.” However, certain kinds of enhancements – blowing over a .08, or being charged with a DUI while you have a minor child in the car – can lead to increased fines and more jail time. You are required by law to take a chemical test (blood or breath), and refusing to take one will cost you your driver’s license even if you beat the charges.
A federal DUI is also permanent: you cannot have it expunged unless you get a Presidential pardon, which means the annual Thanksgiving Day turkey has a better shot of going free than you have of getting your record wiped clean. It will also prevent you from working for the government, either as an employee or as a contractor, which could severely limit your options if you work for, say, a construction crew which services federal roadways or buildings.
Without the help of one of our Sevierville DUI defense attorneys, you could see your entire future disrupted if you are convicted of a DUI on federal lands or roads. It is important that you seek out legal counsel the minute you have been charged.
To find out more about your rights, please contact Delius & McKenzie, PLLC, to speak with a federal DUI defense attorneys serving Sevierville, Pigeon Forge, Gatlinburg and the surrounding areas. We promise you fight for your future.
Attorney Bryan E. Delius was born and raised in Sevier County, TN. He founded Delius & McKenzie more than 20 years ago, after receiving his JD from the University of Tennessee at Knoxville. He is admitted in Tennessee and in several federal court systems. Learn more about Bryan E. Delius.
