Special Issues in Federal Court DUIs
Tampa Bay includes many courthouses, office buildings, and other federal property, such as parks and military bases. Federal court DWI law and procedure is different from state court procedure in many ways. The direct consequences are somewhat different as well. The collateral consequences and other indirect effects of a federal property DUI are much different. More on that below.
Because of these differences, only the most experienced Tampa criminal defense lawyer should handle federal DUI matters. Many Tampa-area lawyers aren’t even licensed to handle such matters. Federal DUI laws are generally tougher than state DUI laws. Therefore, much more is at stake. Your federal property DUI should never be a training tool for an inexperienced lawyer.
Nuts and Bolts
The difference between a state and federal DUI begins with the law. Federal criminal laws are scattered throughout the U.S. Code. There’s no single “federal DUI law.”
That being said, most federal DUI laws are very similar to 36 C.F.R. Section 4.23, which applies to DUI in a national park, national forest, or national conservation area. Other federal property in Tampa Bay includes tribal lands and most airports.
Federal and state DUI laws are similar in many respects. For example, the BAC level is the same (.08 or higher) in both forums. But that’s pretty much where the similarities end.
Some federal DUI laws are per se laws. Defendants with BAC levels above the legal limit are intoxicated as a matter of law. Other laws use a BAC presumption. An over-the-limit chemical test is only evidence of intoxication.
Additionally, the maximum $5,000 fine is five times the maximum fine amount in state court. Other mandatory penalties, which are usually optional in state court, include twelve month drivers’ license suspension and a mandatory alcohol evaluation.
We should discuss probation as well. Much like the fine, the length of probation could be up to five times longer in federal court. Additionally, federal probation officers are well-known for their tough stances and unwillingness to work with defendants. State court probation officers often overlook technical violations. Federal probation officers usually file motions to revoke in these cases, meaning that the defendant is thrown back into the complex federal court system.
Further complicating matters, federal laws don’t always govern federal property DUIs. For example, when MPs arrest civilian drivers for DUI on military property, authorities send these cases to federal prosecutors who usually apply Florida DUI laws. JAGs, who typically apply the UCMJ, usually handle servicemember DUIs.
Speaking of military bases, these matters usually have severe collateral consequences, such as loss of privileges and rank reductions.
Resolving a Federal Property DUI
Many state courts have almost unlimited discretion when assessing punishment. Federal judges must follow the sentencing guidelines in the Federal Sentencing Act, at least in most cases. This restriction isn’t necessarily a bad thing. It takes the politics, such as mandatory prosecution policies, out of the sentencing process.
We should also stress that the FSA guidelines are just that. Judges may deviate from them in certain circumstances. So, a federal property DUI, unlike a state law DUI, could involve a plea to a lesser included offense, such as reckless driving. That reduction is often critical in federal property DUIs, because of the aforementioned harsh consequences.
Connect With a Detail-Oriented Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a free consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. The sooner you reach out to us, the sooner we start working for you.
