If you were charged with DUI on a military base or other federal property, it’s normal to feel uncertain about what comes next. Unlike most DUI cases handled in state court, a DUI on federal property is a federal offense with different procedures and potentially stricter consequences. For service members, it can also affect your career. Understanding how federal DUI charges work the first step is toward protecting your record and your future.
What is a Federal DUI?
A DUI is a criminal charge for operating a motor vehicle while impaired by alcohol and/or drugs. Most DUIs are handled by state courts, but a DUI becomes a federal matter if it happens on federal property. This includes:
- Military bases
- National parks
- Federal buildings and their parking lots
- Other federally owned land
If you were arrested for DUI on a military installation or other federal property, your case will be handled in federal court, not state court.
How is a Federal DUI different from a State DUI?
The main difference is where the incident happened, and which laws apply. Federal DUIs are prosecuted under federal law, but in many cases, federal courts will apply the DUI laws of the state where the offense occurred. This is due to a law called the Assimilative Crimes Act, which allows federal courts to use state law for crimes that aren’t specifically covered by federal statutes. Beyond that, the consequences for a federal DUI are a bit different than the consequences for a state DUI in Virginia.
What are the Potential Consequences of a Federal DUI?
A federal DUI conviction in Virginia can have serious consequences, including:
- Fines up to $5,000
- Up to six months in federal prison
- Up to 5 years on federal probation
For military members, there may be additional consequences, such as:
- Effects on your career or future promotions
- Administrative actions by your command
- Impact on your security clearance
What Should You Do If You’re Charged with a Federal DUI?
Follow Protocol
Notify your command if required, and cooperate with any administrative processes. Failing to do so can lead to additional disciplinary action.
Understand Your Rights
You have the right to remain silent and to not incriminate yourself. Exercise these rights.
Consult a DUI Attorney
It’s important to consult with an attorney who is licensed and able to practice in federal court. A charge is not the same as a conviction, and they will be able to help you understand your options and build the best possible defense.
Do not face your DUI charge alone. At Driving Defense Law, we understand the unique challenges service members face when charged with a serious offense, like a DUI. Our experienced attorneys are licensed to practice in federal court and are prepared to help you navigate the process with discretion, confidence, and an aggressive legal strategy. Call us today at 757-929-0335 to begin building your defense. Or schedule a consultation here.
