Tampa Federal DUI Defense Attorneys
Our Florida DUI Defense Law Firm Has Worked on Thousands of Cases
When a person drives under the influence on federal property, they will be charged with a federal DUI. A federal crime is any criminal act that takes place on federal property or property that is under federal jurisdiction. The two most common places where federal DUIs occur are national parks and military bases. They can also occur at airports, post offices, government compounds and parking lots, courthouse driveways, or national monuments.
A person can be charged with federal charges if the following are true:
- Drugs or alcohol impaired the person at the time they were driving
- The person was driving with a BAC above the legal limit of 0.08
The location will determine how the driver will be prosecuted. If the DUI offense took place on land administered by the National Park Service, the driver would be tried under the Code of Federal Regulation. If the DUI occurred on any other federal property, the driver would be tried under the DUI laws and penalties of that particular state through the Assimilative Crimes Act.
What Makes Federal DUI Cases Different
What Is the Assimilative Crimes Act?
The Assimilative Crimes Act (18 U.S.C §13) is an area of federal law geared entirely towards handling criminal charges that occur on federal land or in federally-owned buildings. Under this act, the federal government can prosecute offenses that occur utilizing the laws of the state in which the crime occurred. The crime will be tried and prosecuted through the U.S. Attorney's office and will utilize state law; however, it will not be enforcing it. Instead, they will be using state law to enforce federal law.
This is only for circumstances where there is no federal law directly governing the action. For example, no federal law stipulates drunk driving. Therefore, if you were to be accused of driving under the influence on federally-owned land in Florida, the federal government would prosecute you while using Florida laws.
About the Federal DUI Process
Thanks to the Assimilative Crime Act, the federal DUI process is almost identical to the regular DUI process. When an individual is pulled over for drunk or drugged driving on federal property, they are required to take a breath, blood, or urine test. Failure to do so will result in a misdemeanor charge and may carry monetary fines, prison sentences, and denial of driving privileges on federal land. Furthermore, they may be subject to such legal penalties as fines, probation, and time in a federal penitentiary. Factors such as refusing a breath, blood, or urine test, the presence of minors in the car, or reckless driving can also result in additional penalties.
Enlist the help of our experienced federal DUI attorneys today by calling (813) 321-7323. We’ve successfully handled thousands of cases for our clients.
Drunk driving cases may or many not require a formal trial. We discuss what most can expect in terms of the process and duration of their DUI case.
At Thomas & Paulk, one of our primary focuses is on the defense of DUI charges. In fact, we are recognized throughout the Tampa area as one of the premier DUI defense law firms. Our team is well-versed in this area of the law and has a wide-expanse of experience in helping our clients fight against such charges.
It doesn’t matter if this is your first offense or your third, you can count on our firm to have the experience to protect your legal rights. Often, our defense starts with recounting with you how the police officer came to stop you in the first place and how he or she came to believe you may be under the influence of alcohol. If the stop was illegal, or the tests were improperly administered, we may be able to argue for the dismissal of that evidence in court, helping your chances of a dropped charge.
The important thing is that you act quickly. Criminal cases involving charges of drinking and driving are serious and they can move fast. You cannot afford to wait or ignore your charges. You need a legal professional on your side who truly understands what you're facing so that they can offer you experience counsel and sound advice. To learn more about how a lawyer like this can assist with your case, we encourage you to contact us as soon as possible. Call our Tampa DUI defense attorneys at Thomas & Paulk today to schedule an initial consultation. This is a completely free, confidential appointment for you to tell us your side of the story.
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