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When is a DUI a federal crime?

On Behalf of | Jan 29, 2025 | Drunk Driving

You don’t have to go into Washington, D.C. to find yourself on federal property. Federal property and land can be found in all states. When someone is arrested for a criminal offense committed on that property, they can face federal charges rather than state charges. That goes for driving under the influence (DUI).

Federal DUI law is similar to those in most state laws. It says in part, “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.”

The law also states that “if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator’s blood or breath, those limits supersede the limits specified in this paragraph.” That means, for example, someone can be charged with a federal DUI for driving with a blood alcohol level over 0.05% in Utah since that’s the legal limit in that state if they’re in one of that state’s national parks.

Where does the federal DUI statute apply?

National parks, forests and monuments are certainly among the best-known and popular federal lands. However, the federal government controls millions of acres of land throughout the country. Federal courthouses, military bases and some office buildings, federal prisons and some airports and post offices are also on federal land. That means those in their parking lots or driveways are subject to the federal DUI statute.

Are the consequences more serious than for a state DUI?

If someone has no previous DUIs, a federal DUI is generally a misdemeanor. Of course, like any DUI-related charge, it can be accompanied by more serious charges if someone was injured or killed or even if property was damaged in an incident connected to the allegations at issue.

Just like under state laws in Maryland and throughout the country, “implied consent” is recognized when someone is traveling on federal property. The law states, “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.” Typically, a warrant is required for a blood test.

Dealing with the federal justice system, even for a DUI, can be confusing and daunting. That’s just one reason why getting appropriate legal guidance is an important early step to take in the wake of facing charges.