A driving under the influence (DUI) charge in a federal jurisdiction can be a serious and complicated matter. If your arrest was made on federal property under the control of the National Park Service such as the Baltimore Washington Parkway, a national park, or elsewhere, your DUI will be federal and different rules will apply. A DUI on a military base is another matter.
PENALTIES
Federal law has harsher penalties than state law when it comes to DUI. The charges are made under the Code of Federal Regulations. Probation before judgment (PBJ) is also not available in federal DUI cases. The maximum penalty for a federal DUI is 6 months in jail and/or a $5,000 fine. Keep in mind that any sentence you serve for a federal DUI will take place in a federal detention facility. No points will be placed on your license, and your license will not be suspended. However, the driver could also lose driving privileges on federal land.
In these cases, implied consent law applies, and there is no right to refuse a breath test or a blood test. People who refuse a breath test are normally taken to a hospital where their blood will be drawn. Refusal of the breath or blood test is a crime with the same penalty as a DUI.
DUI ON A MILITARY BASE
If your DUI occurs on a military base, different rules apply. The Assimilative Crimes Act will apply. This Act states that if there is no federal law that applies to the conduct, then the criminal law of the state where the conduct occurred will apply. Since there is technically no DUI in federal law outside of the National Park Service laws, Maryland law would apply. Maryland law would apply to your DUI, but the case would be handled in federal court. Administrative penalties such as license suspension will apply in these cases, and you will have the potential for a PBJ for a first offense.
Contact the DUI Attorneys at Alpert Schreyer Criminal Defense Attorneys in Maryland for Help Today
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a DUI attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, Waldorf, Annapolis, and Lexington Park, Maryland.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys – Lanham Office
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys – Frederick Office
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7
Alpert Schreyer Criminal Defense Attorneys – Rockville Office
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
Available 24/7