Federal DUI

Because of its proximity to the national capital, Fairfax contains a high percentage of federal land, or land owned by the United States government.  Driving under the influence of drugs or alcohol is a federal crime if it occurred on federal land.  Federal land could be a military base or a National Park.  When a person is arrested for DUI on such land, it is considered a Federal DUI.  Different laws govern different types of federally owned land.

National Park Service DUI Laws
If the National Park Service owns the land, the Code of Federal Regulation governs the DUI offense.  According to the National Park Service, a person can be charged with DUI if:

• He or she is under the influence of alcohol, drugs, or any combination thereof to render the operator incapable of safe operation; OR
• If the alcohol concentration in the operator’s blood or breath is - .10 grams or more of alcohol per 100 milliliters of blood, or .10 grams or more of alcohol per 210 liters of breath; OR  the limit established under state law if more restrictive.     

Under the laws of the National Park Service, DUI is a class B misdemeanor and is punishable by up to six months in jail, monetary fines (maximum of $5,000.00), and probation for up to five years. 

If you are asked to submit to a chemical test by the National Park Service, you cannot refuse testing.  You also cannot choose which blood alcohol test they administer.  Failure or refusal to submit to blood alcohol testing is considered a criminal offense.   
 
Other Federally Owned Land DUI Laws
A DUI that occurs on any other type of federally owned land  in Virginia is subject to the laws of Virginia through the Assimilative Crimes Act.  Under the Assimilative Crimes Act, if a person is convicted of DUI, he or she may be subject to federal law punishments as well as state law punishments.   Upon arrest, the person will be asked to submit to a chemical test.

Under the Implied Consent Law, the person must submit to a blood, urine, or breath alcohol test.  The individual may refuse to take the chemical test; however, refusal to take the chemical test can lead to loss of driving privileges on federal land for up to one year.  

Fairfax DUI Attorney

If you have been arrested for Federal DUI in Fairfax, obtaining a qualified attorney is the most important decision you can make obtaining the right attorney is the most important decision you can make.  An experienced DUI attorney can protect your rights, inform you of your legal options, investigate your arrest, and question law enforcement and witnesses.  Contact the Law Offices of Scott C. Nolan today for a free evaluation of your case.

Contact us about your legal matter today!