Free Consultation 865-428-8780

What You Should Know about Federal Charges for DUI

What You Should Know about Federal Charges for DUI

What You Should Know about Federal Charges for DUIDriving while impaired or driving under the influence of alcohol or drugs is a crime in all 50 states of the union. Each state has its own DUI/DWI laws. However, federal DUI laws and penalties also exist. If you are arrested for driving under the influence on federal property, you may face federal DUI charges. This crime occurs on federal property or property under federal jurisdiction, and is thus treated separately under federal law.

Most commonly, federal DUI occurs on the premises of national parks and military bases. However, this offense can also occur at national monuments, post offices, certain airports, parking lots located on federal land, and government compounds. A federal DUI conviction can leave you with significant legal and social consequences long into the future.

Federal DUI BAC criteria

A person driving on federal land and under impairment by alcohol with a blood-alcohol content of either .08 g of alcohol per 100 mL of blood, or .08 g of alcohol per 200 L of breath can face a federal DUI charge.

The National Park Service defines the commission of a DUI offense as a driver:

  • Who is rendered incapable of safely operating a vehicle
  • With a BAC of .08 percent or greater, or
  • With a BAC that is greater than the limit established by state law, if the state’s DUI limit is more stringent.

Basis of prosecution for federal DUI

The location of a DUI offense determines how a driver is charged and prosecuted. DUIs occurring on National Park Service lands are prosecuted and tried according to the Code of Federal Regulations. DUIs occurring on other federal property are charged and prosecuted according to the DUI laws and penalties of the state of Tennessee (or the state in which the offense occurred) in accordance with the federal Assimilated Crimes Act. One significant difference with a state prosecution is that, under federal law, one accused of a DUI only has the right to a trial by judge.  There is no right to a jury trial in federal DUI cases.

National Park Service laws impose severe penalties for DUI. As a Class B misdemeanor, these penalties include:

  • Maximum of six months in jail
  • Maximum fine of $5000
  • Maximum probation of five years

Arrests that occur on federal land outside of National Park Service land or military bases are prosecuted according to state statutes.

Refusing a chemical test under federal law

People who drive on federal lands are automatically included under implied consent law. This means you must submit to a blood, breath, or urine test for the determination of your blood-alcohol content if arrested or under suspicion of DUI. Refusing to submit to a chemical test after a lawful DUI arrest is a misdemeanor under federal law. Conviction will result in possibly six months in federal prison and a steep fine. As well, you may lose your driving privileges on federal lands for one year from the date of arrest.

Members of the military who are arrested for DUI on a military base are prosecuted in federal court. Military personnel face additional consequences beyond standard criminal penalties. Some of these consequences may include a letter of reprimand, a rank demotion, or dismissal from the service.

Under the Uniform Code of Military Justice, military members are prohibited from being in physical control of, or operating any vehicle, vessel, or aircraft when their BAC equals or exceeds the limit according to the Code. The Code also prohibits military personnel from being in control over or operating vehicles, vessels, or aircraft while under impairment by a controlled substance.

Facing a federal DUI charge is a serious matter. Your freedom and future opportunities in life regarding education and certain careers are also at stake. If you are in legal jeopardy due to a federal DUI charge, our experienced attorneys at Delius & McKenzie, PLLC can mount an intelligent and strong defense on your behalf. We are ready to serve your legal needs in Sevierville, Pigeon Forge, Gatlinburg, or Seymour. To set up a free consultation appointment, call us today at 865-428-8780 or send us an email through our contact form.

Related DUI Resources

DUI Checkpoints in Tennessee: What’s Legal, and What’s Not

Big Changes in Tennessee’s Implied Consent Law Just Took Effect

Fox CNN County Scales

Contact Us

Testimonials

Ronnie Allen

"I was involved in a very serious motorcycle crash and was airlifted to UT Hospital for trauma care and emergency surgery.  Upon release from the hospital a few days later I was informed of my prolonged recovery time and the possibility of never being able to return to my chosen profession. Within a few days of my release the medical bills started arriving.....it was at this point I knew I need the help of a professional, Mr. Delius."

Ronnie Allen

Bob Wurtz

Delius & McKenzie took care of a problem I had with municipal law enforcement. This was a serious allegation and I needed serious representation. Mr. Delius took my case, told me to let him worry about it, and proceeded to get the case dismissed. I was amazed at how quickly and efficiently my case was handled. I would highly recommend Delius & McKenzie to anyone who has a legal problem.


Thank you!

Bob Wurtz

Mel Land.

"Bryan Delius has been such a great help to me.  He does the best for his client.  Mr. Delius is good and cares and that is the biggest thing.  He cares about you and he will tell you the truth no matter how much it hurts and that’s what makes him the best.  If you want a good attorney that will be truthful with you and help you, than Bryan Delius is the man to get the job done.  Thank you Bryan so very much.  I owe you my life, thank you sir and God bless."

Mel Land.

K. Thomas

"There would not be enough words to express the exceptional service I was given. I live in Nashville miles away, where online access is available to inform you of what you need to know about your ticket or citation. I was not aware of the seriousness of the citation until I appeared for a court date. After calling several lawyer offices DELIUS & MCKENZIE, PLLC listen to my concerns, valued my time my working with me by emails. Offer me a price for service that was affordable with a payment plan. Used all tools and resources for my defense and was able to have my citation dismissed. To have no face to face contact until the day I was to appear in court speaks volumes about DELIUS & MCKENZIE, PLLC. I could not praise them enough for being there for me."

K. Thomas

Kim

"When I was faced with the tragic loss of my husband in 2012 and found myself needing an attorney for the first time in my life, I knew immediately that I would be calling on Attorney Bryan Delius. It was a huge source of comfort and a weight lifted off my shoulders to know that Mr. Delius and his staff would treat my case as if I were his only client and take care of me as if I were a family member."

Kim

Christopher and Rebekah

"I can not begin to express how thankful Chris and I are for all of the hard work and dedication put into my husband's lawsuit. You made a difficult and stressful situation so much easier on us both. Chris and I work full time while raising 4 kids and your office understood the importance of expediting our case and getting it resolved in a timely manner...."

Chris and Rebekah


Spoke with several different attorneys around the area including in Knoxville. From the initial meeting with Mr. Delius, I knew I was in the best hands. Couldn't be happier with my choice in him. His office was also very helpful in many different situations. A++ experience. ⭐⭐⭐⭐⭐ [Google Review]