A Premiere Rhode Island Law Firm

When does a DUI become a federal charge?

On Behalf of | Oct 11, 2024 | Federal Offenses

A driving under the influence (DUI) charge is a state offense in many states, including Rhode Island. This occurs when police stop a driver for erratic behavior or suspect impairment during a routine traffic stop and find the person operating a vehicle while drunk or on drugs.

However, not all DUI cases are prosecuted at the state level. In certain circumstances, federal DUI laws can override state laws, leading to more severe consequences and penalties. Federal DUI charges can arise in the following situations:

Driving on federal property

When an individual is arrested for DUI on federal land, the case falls under federal jurisdiction. This includes areas such as:

  • National parks
  • Military bases
  • Airports
  • Post offices
  • National monuments

In Rhode Island, this could include areas like the Touro Synagogue National Historic Site or parts of the Blackstone River Valley National Historical Park.

Federal employee DUIs

Federal employees operating government vehicles or driving while on official duty may face federal charges if arrested for DUI. In addition to criminal charges, these individuals may face administrative actions such as loss of security clearance, suspension or termination of employment. Military personnel are subject to the Uniform Code of Military Justice for such offenses.

Aggravating circumstances

In some cases, state-level DUIs can be elevated to federal charges or result in additional federal offenses under certain aggravating circumstances:

  • Extreme intoxication: When blood alcohol content (BAC) significantly exceeds the legal limit (typically 0.08%), indicating severe impairment.
  • Serious bodily injury or death: If the DUI incident results in severe harm or fatality to others.
  • Presence of minors: Driving impaired with children in the vehicle, endangering their safety.
  • Multiple DUI offenses: Repeat offenders may face harsher penalties, especially if prior offenses occurred on federal property.
  • Concurrent federal crimes: DUI committed while engaging in other federal offenses, such as drug trafficking across state lines.
  • Environmental damage: Causing significant harm to federal lands or protected areas while driving under the influence.
  • Operating a commercial vehicle: DUI while driving a commercial vehicle, particularly one carrying hazardous materials, which poses an increased public risk.

These aggravating factors can result in severe federal charges, either in addition to or instead of state DUI charges. Drivers need to understand that DUI offenses can have serious consequences at both state and federal levels. Avoiding impaired driving altogether can help prevent these legal issues.