Is There Such Thing as a Federal DUI Charge?

 Posted on January 13, 2025 in Criminal Defense

Most people have no idea that such a thing as a federal DUI charge exists until they find themselves on the receiving end of one. While most DUI cases are prosecuted under state law, there are indeed DUI charges under federal law. These cases generally involve driving under the influence on federal property or in circumstances where federal jurisdiction applies.

Because most DUI charges happen at the state level, it is very important to have a Virginia DUI defense attorney with experience handling federal DUI charges.  

When Can You Get a Federal DUI Charge?

Federal DUI charges can only be brought in certain circumstances.

Driving on Federal Property

Federal property includes areas such as:

• National parks and forests

• Military bases

• Federal government buildings or facilities

• Land managed by agencies like the National Park Service or the Bureau of Land Management

Federal employees, including those working at the Pentagon or other federal facilities, who are charged with a DUI while driving on federal roads near their workplace may face unique legal and professional consequences. Since these roads often fall under federal jurisdiction, the case may be prosecuted in federal court rather than state court, subjecting the individual to federal DUI laws.

Beyond the legal penalties like fines or license suspension, federal employees may also face workplace repercussions, such as disciplinary action, suspension of security clearances, or even termination, depending on the severity of the offense and their job responsibilities.

Roads under federal jurisdiction are typically, but not always, located on federal lands. Examples include the area around the Pentagon, much of Capitol Hill, and many other areas heavily populated by federal workers.

Additionally, some roads within a state may fall under federal jurisdiction if they cross through or are entirely within federal property, and the state has not been granted jurisdiction. In these cases, federal laws and regulations apply, and violations like DUIs may be prosecuted in federal court.

Other Federal Offenses Involving DUI

A DUI may be charged federally if it is connected to other federal crimes, such as driving under the influence while moving drugs, weapons, or trafficked persons, or engaging in other activities that fall under federal law enforcement oversight.

Federal DUI Laws and Penalties

Federal DUI cases are governed by specific regulations, such as the Code of Federal Regulations (CFR) or the laws of the state where the federal property is located. For example, in national parks, DUIs are typically prosecuted under 36 CFR § 4.23, which prohibits operating a vehicle while impaired by alcohol or drugs.

Penalties for a federal DUI are similar to those under state law and may include:

• Fines

• Jail time

• License suspension (handled by the state licensing authority)

• Mandatory alcohol or drug education programs

• Probation

Contact a Fairfax, VA Federal DUI Defense Attorney

For help with the unique area of federal DUI defense, call Robinson Law, PLLC and schedule a free consultation with one of our aggressive, highly experienced Fairfax, VA federal DUI defense attorneys. We are available 24/7 to get you out of jail quickly and get started on your case. Call us now at 703-844-3746.