Why am I being charged for a DUI in Federal Court?
I have represented numerous persons accused of DUI in Federal Court to include jury trials in Federal Court.
It sounds like you've been charged with a DUI that occurred on federal property, such as a military base (like JBLM or Naval Base Kitsap) or a national park. When a DUI happens on land owned by the federal government, it falls under federal jurisdiction rather than local or state jurisdiction.
Here is a breakdown of why your case is in federal court and what that means for you:
1. Jurisdiction: Why Federal Court?
The primary reason you are in federal court is location. If you were stopped or arrested on property under the jurisdiction of a federal agency—such as the Department of Defense (military bases), the National Park Service, or even federal building parking lots—the case is prosecuted by the U.S. government.
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Military Members: If you are active-duty and arrested on-base, you are prosecuted in the U.S. District Court (such as the one in Tacoma for JBLM cases).
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Civilians: Even if you have no military connection, getting a DUI while visiting a base or a national park still puts you in the federal system.
2. The Law: Is it Different?
While you are in federal court, the court actually uses Washington State DUI law ($RCW$ $46.61.502$) to prosecute you. This is due to the Assimilative Crimes Act, a federal law that allows federal courts to "borrow" state law for crimes committed on federal land where there is no specific federal statute.
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The "per se" limit of 0.08% BAC still applies.
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The definition of being "under the influence" remains the same as in state court.
3. Key Differences in Federal Court
Even though the law is similar, the procedures and consequences can be quite different:
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The Prosecutor: Instead of a local city or county prosecutor, your case will be handled by a Special Assistant U.S. Attorney (SAUSA), who is often a military JAG officer acting in a civilian capacity, or the U.S. Attorney's Office.
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Probation: Federal courts rarely impose the long-term (5-year) post-conviction probation common in Washington state courts. Usually, once your requirements are met, the case is closed.
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Evidence Standards: On military bases, police can sometimes stop vehicles with less than the "probable cause" required for a stop on a public state road.
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Dual Consequences: If you are military, you face a "double-edged sword." In addition to the federal court case, your command can take administrative or punitive actions under the Uniform Code of Military Justice (UCMJ), such as a Letter of Reprimand (GOMOR), loss of rank, or mandatory substance abuse treatment.
4. Impact on Your License
A federal DUI conviction is typically reported back to the Washington Department of Licensing (DOL) or your home state's DMV. This means you still face the same risk of license suspension that you would in a state-level case.
Note: Federal court is significantly more formal than state or municipal courts. It is highly recommended to work with an attorney who is specifically licensed to practice in the U.S. District Court.
Would you like me to find the specific contact information for the U.S. District Courts in Washington (Seattle or Tacoma) or look up more details on how a GOMOR might affect your military career?
