Your DUI could be a federal crime if you were arrested on federal or tribal land or if you were accused of a DUI while committing a separate federal crime.
Most DUI cases are prosecuted under state law, as every state has its own laws concerning driving under the influence. These laws not only aim to discourage impaired driving but also satisfy a federal mandate requiring states to enact DUI laws or risk losing federal highway funding.
However, while DUIs are typically handled at the state level, certain circumstances can elevate them to federal crimes. A Los Angeles DUI lawyer can help you understand three ways your DUI could be a federal crime and result in federal charges.
1. DUIs on Federal Land
The first way your DUI could be charged as a federal crime is If you are arrested for DUI on federal land. For example, if you’re arrested after a day of fishing and drinking as you leave a national park, your case will be prosecuted under federal law.
Federal land includes:
- National parks and forests (36 C.F.R. 4.23)
- Military bases
- National monuments and historic grounds
- Courthouses and their surrounding property
- Airports
- Any lot, building, or parking area owned by the federal government
2. DUIs on Tribal Land
DUIs that occur on Native American reservations or other tribal land may fall under federal jurisdiction. If the driver is a:
- Non-Native American, the case is typically prosecuted in federal court
- Native American, the case may be handled by tribal authorities or federal authorities, depending on the circumstances and jurisdictional agreements
DUIs on tribal land can be complicated, as they often involve overlapping legal systems.
3. DUI While Committing a Separate Federal Crime
Another way a DUI escalates to a federal offense is if it is connected to another crime that falls under federal jurisdiction. For instance:
- Driving under the influence while transporting illegal substances or contraband across state lines may result in federal authorities taking over the case.
- A DUI linked to major offenses, such as human trafficking or smuggling, is often prosecuted at the federal level.
- If a DUI-related accident results in injury or death to a federal employee or officer, federal charges may be applied.
When a DUI intersects with these serious offenses, it moves beyond the scope of state law and becomes a federal matter.
Potential Penalties in Federal DUI Cases
The specific penalties depend on where the DUI occurs. Here are 2 examples:
DUIs in National Parks
Operating a vehicle while under the influence in a national park is classified as a federal offense. This violation is designated as a Class B misdemeanor under federal law. Potential consequences include:
- Jail time of up to six months
- Fines that can reach $5,000
- Probation lasting up to five years
Law enforcement officers within national parks are authorized to enforce federal regulations, including arresting and charging individuals for DUI offenses.
DUIs by Military Members
If you are a member of the military and are arrested for DUI on a military base, your case will be handled in federal court. The penalties can include:
- Jail time
- Fines
- Military-specific consequences, such as demotion, loss of rank, or dismissal from service
Military DUIs are taken very seriously, as they can impact both your criminal record and your military career.
If the DUI occurs on federal land other than a national park or military base, such as an airport or courthouse property, the DUI will generally be prosecuted under the DUI laws of the state where the federal property is located.
Why Federal DUIs Matter
Facing a federal DUI is different from a state-level DUI in several key ways:
- Jurisdiction: Federal DUIs are prosecuted in federal court rather than state court.
- Penalties: Federal penalties may be harsher, with higher fines, longer probation, and potential jail time.
- Complications: Cases involving federal property, federal employees, or tribal land often involve complex legal considerations.
A federal DUI conviction can have long-lasting consequences, including a permanent criminal record that may impact your career, travel opportunities, and personal life. If you are charged with a federal DUI, it’s essential to consult an experienced attorney who understands federal law and can build a strong defense for your case.
The Impact of Property Damage in Federal DUI Cases
Federal DUI charges become more serious when property damage takes place on federal land. Federal properties, such as military bases and national monuments, hold significant value and importance.
Damage to these assets can threaten government interests, endanger public safety, and disrupt essential operations. The federal government treats such incidents with particular severity to protect its critical infrastructure.
As a result, federal DUI penalties often include requirements for restitution to address property damage, emphasizing the seriousness of harming federally owned property and deterring future incidents.
Contact Us for Federal DUI Representation
Facing federal DUI charges can be overwhelming, but you don’t have to handle it alone. Los Angeles DUI Lawyer can connect you with local attorneys who are available to help. An experienced attorney will guide you through the complexities of federal law, protect your rights, and craft a strong defense tailored to your case.
Contact us today for a free consultation, or complete our online contact form to get started. Don’t let federal DUI charges jeopardize your future—let us connect you with the skilled legal representation you need to achieve the best possible outcome.
Reach out to us and take the first step toward resolving your case.
