Federal DWI

The majority of driving while intoxicated (DWI) charges are prosecuted in State and local courts. Under certain circumstances, however, a DWI offense can violate federal laws. Standard DWI convictions carry heavy penalties, but a federal DWI offense has enhanced legal consequences.

Federal DWI cases arise if the alleged offender is driving impaired on federal property. Since the incident occurs on federal property or property under federal jurisdiction, it is handled under federal law. Normally, a federal DWI occurs at military bases or national parks. Federal property in the Pensacola area includes the Gulf Islands National Seashore, Ft. Pickens, Naval Airstation Pensacola, Eglin Air Force Base, Hurlburt Field, and Tyndall Air Force Base.

If a person has been arrested for a federal DWI, it is important that they contact a criminal defense attorney as soon as possible.

Attorney for Federal DWI Cases in Pensacola, FL

Have you or someone you know been arrested for a federal DWI in Pensacola, Florida? It is important that you exercise your constitutional right to remain silent, and contact an experienced criminal defense attorney at Terrezza Law.

John Terrezza at Terrezza Law has handled succesfully tried state and federal DWI cases in the Florida panhandle area. He is dedicated to his clients and to protecting their rights. John Terrezza will exhaust all resources and work tirelessly to discover all legal options available to you. Find a partner in this daunting legal process with John Terrezza.

Additionally, John Terrezza is a member of several law associations including the Florida Association of Criminal Defense Lawyers (FACDL), and the Escambia Santa Rosa Bar Association.

Do not be idle when it comes to your future. Terrezza Law defends clients throughout the greater Escambia County and Santa Rosa County including Pensacola, Milton, Navarre, and Gulf Breeze.

Take charge of your case. Call (850) 764-5291 to speak to a experienced criminal defense attorney today with John Terrezza.

Overview for Federal DWI in Pensacola, FL

DWI State & Federal Criteria

Florida statute § 316.193, states the following elements a prosecutor must prove beyond a reasonable doubt to convict a person of DUI.

That the accused was driving or in actual physical control of a motor vehicle within this state;
The accused's normal faculties were impaired by alcoholic beverages, any chemical substance in § 877.111, or any controlled substance under ch. 893; or
The accused had a blood alcohol concentration (BAC) of 0.08 or more at the time they were driving or in actual physical control of a motor vehicle.

Through the Assimilated Crimes Act, 18 U.S.C § 13(a), federal courts are able to hear cases where people are accused of committing the State crime of DUI. Basically, if you are driving impaired on federal land, you may be prosecuted under State law in federal court for a DUI.

In addition, 18 U.S.C § 3118 states that any person operating a motor vehicle in special maritime or territorial jurisdiction must consent to chemical testing if asked. Refusal to submitting to a chemical test results in an automatic one year suspension from operating motor vehicles in either special maritime or territorial jurisdiction for the U.S.

DWIs & Federal Properties

A person arrested with a DWI on federal property may have their case tried in a federal court of law. One important distinction between federal and State prosecutions is that a person charged with a DUI in federal court may not always have the right to a jury trial. A person facing a maximum penalty of six months or less in federal court only has the right to a bench trial before a judge. There are several different kinds of federal property where a person might be arrested for DUI and be prosecuted federally.

Some federal properties in the Escambia County area include:

Naval Air Station Pensacola
Eglin Air Force Base
Gulf Islands National Seashore
Fort Pickens
Fort Mcree
Naval Live Oaks

Code of Federal Regulation (CFR)

The National Park Service issues DWI laws from the Code of Federal Regulation (CFR). According to 36 CFR § 4.23, a DWI on the premises of a national park is a federal Class B Misdemeanor. The following are the penalties for a DWI on the property of a national park:

Up to six months in federal prison
Up to five years of probation
Possible fine up to $5,000

Implied consent laws are applied with DWIs in national parks. A person refusing a blood, breath, or urine test can lead to loss of driving privileges on federal land for up to one year. Additionally, your penalties may be enhanced if you have a minor in the car, cause property damage, or the DWI results in "serious bodily injury" or death.

The Assimilated Crimes Act (ACA)

If a person is charged with a DWI on other types of federal land besides national parks, it falls under the Assimilated Crimes Act (ACA). Federal DWIs, according to the ACA, are prosecuted according to the Florida laws in federal court.

Pursuant to the Assimilated Crimes Act, 18 U.S.C. § 13, et seq., 18 U.S.C. § 3118 provides:

Consent - Whoever operates a motor vehicle in the special maritime and territorial jurisdiction of the United States consents thereby to a chemical test or tests of such person's blood, breath, or urine, if arrested for any offense arising from such person's driving while under the influence of a drug or alcohol in such jurisdiction. The test or tests shall be administered upon the request of a police officer having reasonable grounds to believe the person arrested to have been driving a motor vehicle upon the special maritime and territorial jurisdiction of the United States while under the influence of drugs or alcohol in violation of the laws of a State, territory, possession, or district.
Effect of Refusal - Whoever, having consented to a test or tests by reason of subsection (a), refuses to submit to such a test or tests, after having first been advised of the consequences of such a refusal, shall be denied the privilege of operating a motor vehicle upon the special maritime and territorial jurisdiction of the United States during the period of a year commencing on the date of arrest upon which such test or tests was refused, and such refusal may be admitted into evidence in any case arising from such person's driving while under the influence of a drug or alcohol in such jurisdiction. Any person who operates a motor vehicle in the special maritime and territorial jurisdiction of the United States after having been denied such privilege under this subsection shall be treated for the purposes of any civil or criminal proceedings arising out of such operation as operating such vehicle without a license to do so.

Federal DUI/DWI Penalties through the Assimilated Crimes Act

Florida has it’s own statutory penalties for a driving while intoxicated charge (DWI/DUI). If you are arrested on federal property for DUI in Florida and are punished by a federal court, you will face the Florida penalties for DUI through The Assimilated Crimes Act. The penalties can be enhanced through certain circumstances of the offense. If the driver’s blood-alcohol level is at .15, or if a minor accompanies the driver during the offense, the penalties are elevated.

If for a DUI, a person may face the following penalties:

Minimum Fine of $500 and a maximum fine of no more than $1,000;
Driver's license revocation for a minimum of 6 months;
Ten day impoundment or immobilization of the vehicle used;
Completion of a 12 hour DUI Substance Abuse Course;
Completion of a psychosocial evaluation to determine if Substance Abuse Treatment is required;
Completion of any recommended substance abuse treatment;
50 hours of community service; and
Up to six months in jail.

If a person has a blood alcohol level of .15 or is accompanied by the minor the penalties are enhanced.

Up to nine months in jail; and
Minimum Fine of $1,000 and a Maximum fine of no more than $2,000.
Mandatory placement of an ignition interlock device (IID) upon all vehicles, used, owned, or routinely operated by the person convicted for no less than 6 months. The installation of the interlock device will be at the expense of the offender.

Additional Resources

Code of Federal Regulations – Visit the U.S. Government Publishing Office to read the Code of Federal Regulations. See what the CFR details as a DWI or DUI, the adjoining penalties, and the enhanced penalties that happen if a person drives impaired on national park property.

Assimilative Crimes Act, 18 U.S.C § 13 – Visit the website for the Office of the United States Attorneys and read the specifics on DWIs according to the ACA. See more information on the Uniform Code of Military Justice (UCMJ), the statutory language around DWIs on federal property, and more.

Find a Pensacola Attorney for Federal DWIs in Florida

A driving while intoxicated (DWI) charge on the State level is serious. Any person charged with a federal DWI is advised to contact an experienced criminal defense attorney.

Defense attorney John Terezza has years of experience in State and federal criminal courts. He is passionate about his work and will work diligently to obtain desirable results for your case. John Terrezza values perseverance and transparency with his clients. Find an attorney who is thorough and has open communication with every client. Contact John Terrezza today at (850) 764-5291.

John Terrezza is a member of several law associations such as the National Association of Criminal Defense Lawyers (NACDL), and the Criminal Justice Act Panel.

John Terrezza represents clients in federal and State court in the Florida panhandle area, including surrounding counties Milton, Navarre, and Gulf Breeze in Santa Rosa County, and Pensacola in Escambia County.

Keep silent with federal or State authorities, and contact John Terrezza today at (850) 764-5291.

This article was last updated on September 21, 2018.