Is DUI a Federal Offense in the USA?
Yes, and the federal law, which is 36 CFR § 4.23, closely mirrors the Florida DUI law. The U.S. Attorney may use direct or circumstantial evidence to establish intoxication, and the other elements of a DUI, beyond any reasonable doubt. So, federal DUIs feature most of the same defenses as Florida DUIs. However, the indirect consequences of a federal DUI are much worse. More on these things below.
The best Florida DUI lawyer may be unable to take a federal DUI matter. Only a limited number of attorneys are authorized to practice law in federal court. Furthermore, a piece of paper on an office wall does not make a Tampa criminal defense lawyer an effective federal DUI defense lawyer. Attorneys must be very experienced in this area to thoroughly evaluate cases and properly advise clients about all the direct and indirect consequences of this offense.
Consequences of a Federal Property DUI
The range of punishment in a federal DUI (up to six months in jail and up to a $5,000 fine) resemble the direct consequences in state court. However, some significant differences exist.
Most notably, early release (parole) is usually unavailable in federal criminal matters. So, if the judge sentences the defendant to ninety days in jail, incarceration will most likely last three months. Furthermore, the maximum probation length in a first-time federal DUI is five years. That’s significantly longer than the maximum length for a state-level offense.
Some of the collateral consequences are similar as well. For example, most drivers with federal or state DUI convictions must buy high-risk SR-22 car insurance and maintain that insurance for at least three years.
Federal DUIs have significant additional collateral consequences, especially for servicemembers in one of the country’s military branches. These possible additional collateral consequences include:
- Revocation of pass privileges,
- Letter of reprimand,
- Extra duty requirements,
- Referral to a substance abuse treatment program,
- Corrective training,
- Reduction in rank or grade,
- Forfeiture of pay,
- Dismissal from the military, and
- Bar to reenlistment.
A Tampa criminal defense lawyer defends servicemembers in these hearings. Usually, attorneys resolve disciplinary hearings out of court, and on defendant-friendly terms.
Possible Defenses
If a defendant refuses to provide a chemical sample, the U.S. Attorney must use circumstantial evidence, usually the field sobriety test (FST) results, to establish intoxication beyond any reasonable doubt. Federal law basically defines intoxication as being under the influence of alcohol and/or a drug “to a degree that renders the operator incapable of safe operation.”
The FSTs are very subjective. The one-leg stand is a good example. Most people with any mobility impairment cannot balance on one leg for any length of time at all. Furthermore, MPs and other authorities usually administer this test late in the evaluation process, when the defendant is physically and mentally fatigued.
If a defendant provides a breath or blood sample, the conviction rate skyrockets. However, these defendants aren’t automatically guilty, especially if authorities administer a breath test.
No mechanical tests, Breathalyzer tests included, are 100 percent accurate and reliable. Calibration issues may be the best example. To convince them of the Brathalyzer’s reliability, the U.S. Attorney often dazzles jurors with tales of electrochemical reactions and fuel cells. However, the more moving parts a gadget has, the more maintenance it requires. If the maintenance record is sketchy, the results are sketchy.
DUI also has some possible non-intoxication defenses, such as lack of evidence regarding vehicle operation and an illegal police stop.
Count on a Thorough Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters throughout the Sunshine State.
Source:
law.cornell.edu/cfr/text/36/4.23
