Charlotte Criminal Lawyer Blog
Federal DUI Charges
Driving under the influence (DUI) is a serious offense. Usually, DUI charges are made by local or state police under state DWI laws. Many people are unaware that there are separate DUI charges depending on exactly where you were when the incident occurred. If you are on federal property, you could be charged with a federal DUI. There are some differences between a state and federal DUI prosecution. An experienced attorney will guide you through the process.
What is a Federal DUI?
A federal DUI charge may apply when you are accused of driving while under the influence of drugs or alcohol in federal jurisdictions. Federal jurisdictions include military bases, national parks, U.S. Fish and Wildlife Service property, federal buildings and property, airports, and some roads. A federal DUI may occur in cases where federal agencies are in charge. In North Carolina, federal property includes Cape Hatteras National Seashore as well as Cape Lookout.
Federal DUI applies to the operation of motor vehicles as well as boats within federal jurisdiction.
Federal Law That Governs DUI
Federal laws prohibit driving while under the influence of drugs or alcohol, where the blood alcohol concentration (BAC) is at or over the legal limit. The federal BAC limit is generally 0.08%, which is the same as the North Carolina BAC limit for typical drivers. The federal law that primarily governs DUI (36 C.F.R., 4.23) applies to parks, forests, and public areas. The Assimilative Crimes Act adopts North Carolina law as it applies to DUI in other federal jurisdictions. If you are cited for federal DUI, you must appear in the jurisdiction where you received the citation.
Federal DUI Process
Federal DUI charges go through the federal court system. These cases are handled in U.S. district courts, while state DUI charges are handled by state courts within your jurisdiction. If you are arrested or cited for federal DUI, you will receive a notice with your court date and location. Generally, a first-time federal DUI is considered a petty offense. One of the major differences between state and federal DUI prosecution is that in a federal DUI case, you do not have the right to a jury trial. The case may be resolved through a plea, dismissal, or bench trial.
Potential Consequences
There are serious potential consequences if you are found guilty of federal DUI. In general, the consequences are the same for either state or federal DUI offenses. The North Carolina DMV will be notified. You will face a mandatory one-year license suspension and will need to complete a treatment assessment before reinstatement. You may also face a maximum of six months of incarceration, as well as fines and probation. You could be required to attend a substance abuse education program.
Defending Federal DUI Charges
When you have been charged with a federal DUI, you will want to vigorously defend yourself with help from a knowledgeable attorney. It is important to note that the attorney must be able to handle federal cases in North Carolina. If you are facing DUI charges, contact our legal team as soon as possible. Call us at Arnold & Smith, PLLC, at (704) 370-2828 today to schedule a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.govinfo.gov/app/details/CFR-2025-title36-vol1/CFR-2025-title36-vol1-sec4-23
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