Most people think of federal crimes as “white collar” offenses like fraud or crimes that extend across state lines, like some kidnapping cases do. They don’t realize that a DUI can be a federal offense — until they’re charged with one.
A DUI is a federal crime when it occurs on federal land or property. It’s important to remember that there is a lot of federal property and millions of acres of land controlled by the federal government outside of the nation’s capital.
National parks, forests, preserves, memorials and monuments are on federal land. Florida has multiple national parks and other lands that attract visitors from across the country and beyond. In addition to well-known sites, federal courthouses, offices, military bases and prisons are on federal land. So are post offices and even some airports.
What does the law say?
The federal statute regarding DUI is essentially the same as most state statutes. It says, “Operating or being in actual physical control of a motor vehicle is prohibited while…[u]nder the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or…[t]he alcohol concentration in the operator’s blood or breath is 0.08 grams.”
A federal DUI is typically charged as a misdemeanor for those who have no previous DUI convictions. The charge can be more serious in some cases – for example, if a crash occurred in which someone was injured or property was damaged.
Just like Florida and other states, the federal DUI law includes “implied consent.” That means if someone is driving on federal land, they are understood to give consent to testing if they’re suspected of impaired driving. Specifically, the law says, “Refusal by an operator to submit to a [breath, saliva or urine] test…is prohibited and proof of refusal may be admissible in any related judicial proceeding.”
Certainly, no DUI or other impaired driving charge should be taken lightly. All come with potentially serious consequences. Facing a federal DUI charge, however, means navigating the federal justice system, which is different than the state system. That’s one reason why getting the right legal guidance can make all the difference in the outcome.