Why You Need an Experienced Federal DUI Defense Lawyer

A federal DUI charge can have an immediate and lasting impact on your life. Depending on the circumstances, a conviction may result in jail time, substantial fines, a criminal record, long-term consequences for your career, and reputational harm. Federal DUI charges are filed when an alleged offense occurs on a military base, in a national park, or on other federally owned or controlled property where the case is prosecuted in federal court rather than state court.

The arresting officer’s report is only one piece of the evidence in a federal DUI case, and field sobriety tests are not always reliable. An experienced criminal defense attorney at Alpert Schreyer, LLC will carefully analyze police reports, evaluate whether field sobriety tests were administered correctly, and challenge the arresting officer’s roadside observations and conclusions when appropriate.

What Is a Federal DUI Charge?

A federal DUI charge is a driving under the influence offense that occurs on federally owned or controlled property instead of on state or local roads. Examples of places federal DUI occur include:

• Military bases
• Defense installations
• Protected natural and historical sites managed by the National Park Service
• Federal administrative buildings (e.g., courthouses, federal office buildings)
• Scientific and specialized facilities (e.g., research centers, laboratories, and space centers operated by organizations like NASA)
• Postal facilities

Specific places\locations where a federal DUI is applicable and all roads that surround them include:

• Naval academy 
• Naval air stations, Patuxent
• Joint Base Andrews
• Aberdeen Proving Grounds
• Fort Meade
• Fort Detrick
• NSA 
• Naval Support Facility Indian Head
• All national park areas

Also, the Baltimore-Washington Parkway is exclusively federal property and thus any incidents there are prosecuted in federal court.

Instead of being prosecuted under state law, a federal DUI case is usually handled in federal court. Depending on where the offense occurred, prosecutors may apply federal DUI laws or use the DUI laws of the state where the offense took place under federal law.

What Are the Penalties for a Federal DUI Conviction?

The penalties for a federal DUI conviction vary depending on the circumstances of the case, including where the offense occurred, the applicable federal or assimilated state law, blood alcohol concentration (BAC), if an accident happened, and whether there are prior DUI convictions. In many federal DUI cases, the court follows DUI laws of the state where the offense occurred. Penalties for a federal DUI conviction may include:

Employment and professional licensing consequences:

• Jail time
• Substantial fines and court costs
• Probation
• Community service
• Alcohol education or treatment programs
• A suspension or other restriction on your driving privileges
• A permanent criminal record
• Increased auto insurance premiums

What Are Field Sobriety Tests?

Field sobriety tests are a tool for officers to gauge impairment by seeing how you perform certain tasks, like walking a straight line or following a moving object with your eyes. They aren’t always reliable because nerves, weather, uneven ground, fatigue, or medical issues can affect performance, so these tests can sometimes give a misleading impression of impairment. Officers document specific signs they believe may suggest impairment, however, an experienced federal DUI attorney like Andrew Alpert will review those observations and challenge these findings when appropriate.

The three standardized tests field sobriety tests are:

• Horizontal Gaze Nystagmus (the eye test)
• Walk and Turn (nine heel-to-toe steps along a straight line, turn, and take nine steps back while keeping your arms at your sides)
• One Leg Stand (balancing on one foot)

How Accurate is the HGN Test?

The horizontal gaze nystagmus (HGN) is standardized field sobriety test that evaluates involuntary side-to-side jerking or bouncing of the eyes. Because alcohol is a central nervous system depressant, it amplifies this natural movement, so eye jerking or bouncing is more obvious. Many courts treat HGN as scientific evidence, which often means the officer must be qualified as an expert, or at least demonstrate appropriate training before the results are presented to a jury. 

Maryland law enforcement are trained under NHTSA SFST standards, which include specific instructions for administering HGN. The validity of this test can be challenged for the following reasons:

• The test was not administered exactly according to NHTSA protocol
• Environmental factors (e.g., wind, flashing lights) affected the test
• The officer lacked proper or current certification/training
• The officer misinterpreted eye movement cues

Why You Need an Experienced Maryland Federal DUI Lawyer at Alpert Schreyer, LLC

Attorney Andrew Alpert is the only only National College for DUI Defense (NCDD) board-certified DUI defense lawyer in Maryland, and is an expert in field sobriety testing, which means he knows how officers are trained to build a case, the procedures and manuals they rely on, and whether field sobriety tests were conducted according to NHTSA guidelines.

If you were arrested on suspicion of DUI or issued a citation, contact our Maryland DUI attorneys at Alpert Schreyer, LLC 24/7 by calling us at (301) 720-1309 or filling out our online form. During your consultation we will:

• Go through what happened in detail (e.g. why you were stopped, whether you took a breath, blood, or field sobriety test, your BAC level, what the officer said and if your rights were explained).
• Review any documents or evidence you have such as the arrest report or citation, court notices, or test results.
• Go over challenges or weaknesses in the case.
• Explain the charges and potential penalties (e.g. fines, jail time, probation, license consequences, and impacts to your record).
• Explain the legal process and next steps.

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