If you were charged with Driving While Impaired (DWI) while on Federal Property, you will find yourself in Federal Court being prosecuted by an Assistant United State’s Attorney, and appearing before a Federal Magistrate Judge. Because of the Federal Assimilative Crimes Act, many of the sanctions and processes for defending DWI crimes are similar to State Court, but some are different. For example, if you were charged while Driving While Impaired on National Park property, you can receive a Class B misdemeanor in Federal Court – punishable by up to 6 months in Federal Prison, and up to five years of Federal Probation. This is very different than State Court and you need to hire a Raleigh Federal DWI attorney who has experience handling these types of charges.
If you were driving on any other Federal Property, like a military base, the experience of being charged with a DWI can be very similar to State Court. There are still some differences however. Refusing to submit to chemical testing can result in more serious sanctions at sentencing. Most people don’t realize that by driving on Federal Property, they are impliedly consenting to giving a sample of their breath or bodily fluids to law enforcement after a lawful arrest for DWI. If they don’t, they can be charged with an additional misdemeanor under the Code of Federal Regulations. The Federal Court System may also notify the driver’s home state Department of Motor Vehicles and a period of suspension could follow.
Navigating the nuances of Federal Court can be frightening for most people. Jesse Scharff has defended hundreds of DWI charges and has experience handling DWI’s in Federal Court.
Call the Scharff Law Firm today (919) 457-1954 for a free consultation. We want to fight for you!