Federal DWI

Arrested For DWI On A Military Base? In A National Park? (36 C.F.R. § 4.23)

A drunk driving arrest is typically prosecuted in a North Carolina state court. However, if you were arrested for driving while impaired on a military base - like Fort Bragg or Camp Lejeune - or in a national park or other federally-owned land, you may be facing federal drunk driving charges.

At Roberts Law Group, PLLC, our attorneys are licensed to practice in both the state and federal courts in North Carolina. We have years of experience successfully handling federal drunk driving cases and we can help you fight the charges you face for allegedly driving while impaired. For a free consultation, please contact our law office online or at 877-880-5753.

What Is A Federal DUI Charge?

The federal DUI limit is the same as the North Carolina BAC limit: .08. If you are caught driving with a blood-alcohol content of .08 or higher, or while appearing to be under the influence of drugs or alcohol, you may be facing a federal DWI charge if you were arrested in:

  • Areas controlled by the National Park Service, such as Moore's Creek Battlefield, Cape Lookout National Seashore or Croatan National Forest.
  • Areas controlled by the Department of Defense, including Pope Air Force Base, Seymour Johnson Air Force Base, Fort Bragg particularly Fort Bragg Boulevard, Camp Lejeune, MCAS Cherry Point or MCAS New River
  • Other federal-government-controlled property.

Under the Assimilative Crimes Act, federal DUI punishment is similar to DWI penalties you would face for a North Carolina state DUI, unless you were arrested in a National Park. A National Park DUI is a Class B misdemeanor, punishable by up to six months in federal prison and up to a $5,000 fine.

Do Not Assume That Your Only Option Is To Accept A Plea Or Plead Guilty

Every DWI arrest is different. That means that there is no one-size-fits-all solution. At Roberts Law Group, PLLC, our federal trial lawyers will examine the evidence against you before recommending how to fight the DWI charges. There are times that a negotiated plea will provide the best outcome, but there are also times that fighting for dismissal of drunk driving charges or an acquittal at trial is the better option.

Implied Consent Still Applies To Federal DUI Cases

A refusal to submit to a chemical test during a DWI arrest that takes place on federal land has serious consequences. There is no automatic license suspension under federal DUI laws, but the North Carolina DMV will be notified and your license will be suspended.

Contact Roberts Law Group For Federal DUI Defense

If you were arrested for a federal DUI in North Carolina, you need a lawyer who understands Federal DWI laws and the federal court system. At Roberts Law Group, PLLC, in Wilmington, our North Carolina defense lawyers regularly practice in both state and federal court. We understand federal DUI statutes and federal DUI penalties; we will explain the fight ahead and we will work toward the best possible outcome in your case.

Contact our New Hanover County law firm online today to schedule a free consultation or call our office at 877-880-5753.

North Carolina v. J.O.
Charge: DWI
Facing: 1 year in jail
Result: Case Dismissed

Our client lost her trial in District Court and received a 45 day jail sentence. She hired Roberts Law Group to help her with her Superior Court efforts. We argued a motion to dismiss based on an unconstitutional driver's license checkpoint and prevailed. Any evidence that flowed from the stop of her vehicle was ordered suppressed by the Judge. Case dismissed. Our client blew .13 on the EC-IR II breath device.

Read More Results