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If you are arrested for driving under the influence of alcohol or drugs on federal property in North Carolina, you face federal prosecution. This includes if you were driving on a military base, such as Fort Bragg or Camp Lejeune, in a national forest, or on any other land under the federal government’s jurisdiction.
At Randall & Stump, Criminal Defense Attorneys, we know the idea of walking into federal court can be terrifying. As attorneys with extensive experience resolving DUI cases in state and federal courts, we will work tirelessly to help you through this stressful time, both in explaining the federal court process and identifying the available defenses that may win your case.
You can be arrested on federal property, like a military base or a national park, and charged with DUI for driving with a .08 blood alcohol content or higher. Even if you are just sitting in your car that isn’t moving, you can be charged if the engine is running. Truck drivers and other commercial drivers have a lower threshold. They can be charged with a minimum .04 BAC. And individuals under 21 years old can be charged with any amount of alcohol in their system.
There is no federal statute against driving while impaired that governs this offense in North Carolina. Instead, federal authorities and federal courts use the Assimilative Crimes Act, found at 18 U.S.C. § 13, to apply North Carolina state law against driving while under the influence.
By doing this, the court uses the elements of the state statute to determine whether the government has met all of the elements of the alleged crime in determining guilt or innocence. Because of this, it is beneficial to hire an Charlotte DWI lawyer who knows how to defend against drunk driving charges in state court, but is also experienced in the federal court process.
How you will be treated if you get a DUI on a North Carolina military base depends on whether you are a civilian or a service member. Civilians detained by military police for drunk driving may be handed over to local law enforcement or another appropriate police agency. You will still be prosecuted in federal court, where the state’s DUI laws will be applied.
Service members arrested for DUI are prosecuted under the Uniform Code of Military Justice. You could face additional penalties from the state depending on the situation.
Whether you are a civilian or service member, punishment for DUI can be severe. If you have been arrested, an attorney with in-depth knowledge of federal DUI law can help ensure that your rights are protected.
There are several factors that can affect the penalties you’ll face for a DUI conviction. Each case is unique. Some factors include how intoxicated you were at your arrest, whether you have been arrested for DUIs in the past or whether this is your first offense, whether there were minors in the car with you, or whether you were speeding or otherwise driving recklessly. There can be other factors that will affect your sentencing upon conviction.
Being arrested on a military base is especially complex because of the various jurisdictions and authorities involved. Our skilled criminal defense lawyers know how the law in these cases works and may be able to lessen the consequences of your arrest.
Besides damage to your reputation, being potentially banned from the base, or possible job loss if you work there, you could be:
The punishment you will get if convicted depends on all the factors. The attorney you choose will also have a strong influence on your case.
Consequences for service members arrested on base for DUI and subsequently convicted may also include:
When your career in the military may be at stake, it is smart to work with a criminal defense law firm in North Carolina that is highly educated in DUI law and understands the unique issues of service members.
Federal and state courts operate differently. They have different processes, rules, and procedures for trying cases. Federal laws are not the same as state laws. For these reasons, when you are charged for DUI on federal property, you should work with an attorney who understands the federal courts, the federal legal system, and how the law applies to federal DUI arrests in North Carolina.
Our attorneys have successfully resolved drunk driving cases for clients charged in both state and federal courts. We know how to investigate the exact circumstances involved in a DUI arrest. We know what evidence is needed to prove or disprove that a person was driving under the influence. And we know how to negotiate with federal prosecutors to get beneficial results for clients charged with intoxicated driving.
Depending upon all the circumstances of your case, we may be able to have your charges reduced or even dismissed. You can trust our attorneys to work hard on your behalf through every step of your federal case.
If your career, freedom, and good name are on the line because of a federal DWI charge, you need the help of an experienced federal defense attorney right away. Call Randall & Stump, Criminal Defense Attorneys at (980) 237-4579, or send our experienced attorneys a message online.
