Is DUI a federal offense? While most DUI charges are prosecuted at the state level, certain specific circumstances can elevate a DUI to a federal offense. Understanding federal DUI laws and the potential defense to such charges is crucial for anyone facing DUI litigation on federal lands or in specific federal jurisdictions.
At Stechschulte Nell, Attorneys at Law, we have extensive experience in all aspects of DUI law, both in Florida state court and in federal court. After prosecuting and defending DUI cases for decades, our deep knowledge of substantive and procedural DUI law enables us to successfully defend clients charged with DUI or other alcohol-related driving offenses when the alleged offense occurs on federal property or state roads.
If you are charged with a DUI on federal property, contact our office today for a full review of your case.
Federal DUI Laws
Federal DUI charges typically arise when the offense occurs on federal property, including national parks, national monuments, national cemeteries, military bases, parking lots and driveways of Veterans hospital and federal courthouse, airfields and airports, other parking lots on federal land, post offices, and government reservations.
These areas fall under federal jurisdiction, and DUI offenses committed there are subject to federal prosecution. The Code of Federal Regulations (CFR), Title 36, Section 4.23, provides the basis for DUI charges on National Park Service lands, which frequently serve as a benchmark for other federal properties.
Elements of Federal DUI
CFR 36 § 4.23 details the elements of a federal DUI offense. Similar to Florida’s DUI statute’s criminal elements, the prosecution must prove the following facts in a federal DUI:
- § 4.23 Operating under the influence of alcohol or drugs: The defendant operated or had actual physical control of a motor vehicle while, under the influence of alcohol or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation, or their blood or breath BAC is 0.08 or more (unless state law provides a lower threshold, in which case the lower level supersedes the federal level).
Blood and Breath Testing
In a federal DUI, as in a Florida state DUI prosecution, the driver is deemed to have consented to a chemical test when an officer has probable cause to believe them to be driving under the influence of alcohol. Proof of the driver’s refusal of a chemical test is admissible against them in any related judicial proceedings.
Search Warrant Required Unless Exigent Circumstances
A search warrant is required before the driver in a federal DUI investigation to compel them to submit to a BAC blood test unless exigent circumstances exist.
And as in a Florida state DUI arrest, a chemical test in a federal DUI case must be administered and determined by an authorized individual, using accepted scientific methods and equipment of proven accuracy (recently calibrated and tested) and reliability by a certified operator.
(1) The results of chemical or other quantitative tests are intended to supplement the elements of probable cause used as the basis for the arrest of an operator charged with a violation of paragraph (a)(1) of this section. If the alcohol concentration in the operator’s blood or breath at the time of testing is less than alcohol concentrations specified in paragraph (a)(2) of this section, this fact does not give rise to any presumption that the operator is or is not under the influence of alcohol.
Federal DUI offenses are usually prosecuted under the laws of the state in which the federal land is located, thanks to the Assimilative Crimes Act (ACA) (18 USC §13). This law authorizes the federal government to apply state DUI statutes to prosecute offenses on federal lands when Congress has not enacted a federal statute relating to the offense.
However, federal DUI penalties are significantly higher than Florida law DUI penalties because federal sentences are determined by the federal sentencing guidelines.
Penalties for Federal DUI
The penalties for a federal DUI are severe. Under federal sentencing guidelines, federal DUI is a class B misdemeanor punishable by up to 6 months in federal prison, a $5,000 fine, and up to 5 years supervised release (probation), in addition to the loss of driving privileges on federal lands.
While the potential period of incarceration under federal and Florida statutes are both up to 6 months, the federal fine and length of probation is five times higher than those provided by Florida law.
The severity of the penalties in any particular case depends on the specific facts involved in the DUI. Factors that have an impact on the sentence include the level of the driver’s blood alcohol concentration (BAC), any previous DUI convictions (whether federal or state), and whether the incident resulted in property damage, injury, or death.
Defenses to a Federal DUI Charge
Defending against a federal DUI charge involves a combination of legal strategies determined by the unique circumstances of each case. Here are several common defenses in federal DUI cases that often prove effective in resisting convictions.
#1. Questioning the Legality of the Traffic Stop
Under the Fourth Amendment, law enforcement must have reasonable articulable suspicion to stop a vehicle. If an attorney can demonstrate that the stop was made without reasonable suspicion, any evidence gathered as a result of the stop, including BAC readings and officer observations, should be deemed inadmissible in court.
#2. Challenging the Accuracy of BAC Tests
The accuracy of breathalyzer and blood tests used to determine a driver’s BAC can also be contested. Among the strongest defense objections to the admissibility of a breathalyzer test are the improper calibration of testing equipment, errors in the administration of the test, or the timing of the test in relation to the time of driving.
A skilled federal DUI defense lawyer scrutinizes the procedures followed during the testing process and the qualifications of the individuals who administered the tests.
#3. Rising Blood Alcohol Concentration
The defense of rising blood alcohol concentration argues that the defendant’s BAC was below the legal limit while driving but increased to an illegal level by the time the test was administered, due to the body’s absorption of alcohol over time. This defense requires expert testimony to explain the physiological processes involved and how they might have affected the defendant’s BAC at the time of driving.
Only experienced DUI defense lawyers with a comprehensive understanding of the physical process of alcohol absorption are likely to raise this defense. Getting the most experienced federal DUI defense attorney is always in the driver’s best interest.
#4. Medical Conditions and Other Factors
Certain medical conditions such as acid reflux and diabetes, or diets like the ketogenic diet can produce substances in the breath that breathalyzers may incorrectly register as alcohol.
Presenting medical evidence supporting the presence of such conditions or factors can be a compelling defense. Again, this is a defense most effective when the defense attorney has hundreds of DUI defenses under their belt.
#5. Procedural Defenses
Errors in the administration of field sobriety tests, failure to adhere to proper arrest procedures, or violations of a defendant’s rights during the arrest and booking process can serve as effective defenses. These procedural defenses focus on the conduct of law enforcement officers and the integrity of the evidence collected.
Read More > What to Do If You Are Pulled Over at a DUI Traffic Stop
Get The Benefit of an Experienced Federal DUI Defense Lawyer
The DUI defense lawyers at Stechschulte Nell, with offices in Tampa, Orlando, and Miami are among the most experienced and highest regarded in Florida. Our reputation is built on decades of intense study, thousands of courtroom procedures, and always vigorously fighting to obtain the best result possible for our clients.
Ben Stechschulte is proud to be among only 2% of Florida’s lawyers who have achieved board certification meeting the highest standards of professional integrity and ability.
Facing federal DUI charges? Call 813-280-1244 for a case review today.
