The term ‘Federal Crime’ is normally used against the most heinous and sizable offenses, such as aircraft hijacking, human trafficking, child pornography, and white collar crimes worth millions or billions of dollars. Driving under the influence is usually charged as a misdemeanor, and occasionally a felony under aggravated circumstances. You might not expect to be charged with a federal offense when a cop pulls you over for suspected DUI. Unfortunately, it is not uncommon to be arrested for a Federal DUI, thus it is important to know how if differs from standard DUI charges.
DUI Defense Attorney in Key West, FL, explains the key differences between Federal DUI and Regular DUI:
Location of the Crime
The primary difference between Federal DUI and Regular DUI is of location. The only time driving under the influence will be considered a federal offense is when it happens on federal or government owned property. You can be charged for the crime while you are driving on/through territory that is controlled or under the protection of a government agency.
Examples of Federal Property:
- National Parks and Forests
- Airports
- Military Bases
- Courthouses
- Historic locations
The miscellaneous conditions are pretty much the same as in a standard DUI case. The accused driver should have been driving under the influence of alcohol, illegal drugs/controlled substance, or a combination of both when they were stopped by the cop. Their blood alcohol levels of the alleged offender must be 0.08% or above at the time of arrest. The driver can refuse a DUI test, though not without legal consequences. The officer may conduct field sobriety tests or Breathalyzer test, but you should request for a chemical test, as it is most accurate and reliable.
Prosecuting Court
While standard DUI cases are handled in local or state court, Federal DUI cases are naturally prosecuted in Federal Court. There are 94 federal judicial districts in the U.S; each state has at least one. Federal crimes committed on the Virgin Islands, Northern Mariana Islands, and Guam are usually prosecuted in a district court. District courts are general trial courts, which are part of the Federal court system; both criminal and civil trials are held within.
The prosecuting process of federal court is almost identical to that in a state court. There is an initial hearing or arraignment where the alleged offender is given the opportunity to plead guilty or choose to prove themselves innocent through trial. If the defendant pleads guilty, they are immediately sentenced and there is no need of a criminal court trial. Otherwise, there is the discovery period, which the defendant can use to hire a suitable defense lawyer, gather evidence, and build a strong case. The next stage is plea bargaining, which is followed by the preliminary court hearing if no out-of-court agreement is reached.
Penalties/Punishment
Federal DUIs are subject to harsher legal consequences, as the Federal court system issues stricter criminal sentences. Your sentence is likely to be severe if you are from a military background; you could face temporary suspension or lose your job for good. As compared to regular DUI, federal DUI leads to longer jail time, heavier fines, stricter probation, and mandatory DUI classes.