Federal vs. State DUI Charges When Driving Through National Parks

A drive through a national park can feel like freedom. When you’re caught up in the fresh mountain air, winding roads, and beautiful views of Great Smoky Mountains National Park, it’s hard to think about anything else. In many national parks, including Great Smoky Mountains National Park, DUIs are commonly prosecuted in federal court due to federal jurisdiction, though this can vary depending on land ownership and enforcement authority.

Most DUI charges fall under state law, but when you’re on federal land, the circumstances are different. Understanding what comes next, how to defend yourself, and what your next steps should be is crucial. Contact Delius, McKenzie & McCarter to discuss your options with a federal DUI defense attorney.

What makes a DUI federal or state?

The most important question in this situation is where you were stopped. If you were on a state-owned road, like a Tennessee highway that is near the park but not in it, you’ll likely face state DUI charges under Tennessee law. But if you are stopped while on federal property, which includes most of the interior roads in places like Great Smoky Mountains National Park, that’s when it may be prosecuted as a federal crime. A federal offense extends to national parks and to other federal lands, including many military bases and certain airports.

Differences in penalties

Whether you’re stopped in Tennessee or on federal land, the consequences for a DUI can be serious. If this is your first offense, you face the following penalties in Tennessee:

• 48 hours up to 11 months and 29 days in jail
• License revocation for one year
• Alcohol and drug treatment program
• Pay restitution to any person suffering physical injury or personal loss
• Fines of up to $1,500
• An ignition interlock device may be required, such as to obtain a restricted license or if ordered by the court.

At the federal level, you could face the following penalties:

• Up to six months in federal prison
• Fines as high as $5,000
• Up to a maximum of five years’ probation
• Loss of federal employment opportunities or security clearances

Certain locations, such as military bases or land under concurrent federal jurisdiction, may allow, in limited circumstances, both state and federal authorities to exercise jurisdiction. Military bases may fall under exclusive, concurrent, or other forms of federal jurisdiction depending on the installation. Jurisdiction in national park areas also varies by location, though many DUI cases in national parks are prosecuted federally. This overlap is relevant only in some DUI cases, which is why it’s important to speak with a DUI defense lawyer.

Federal authorities may also choose to use the Assimilative Crimes Act to enforce the law. The Assimilative Crimes Act allows federal prosecutors to use state laws to respond to DUIs occurring on federal properties. However, this may not apply to every DUI case.

How federal DUI cases are handled

If you’re stopped in the Great Smoky Mountains National Park, you will likely be pulled over by a National Park Ranger. These agents have federal law enforcement authority. Your case will be in the federal district where the stop occurred (e.g., Tennessee-side vs North Carolina-side of the park), meaning you’ll need to appear before a federal magistrate judge. Your rights don’t change; you still have the right to counsel, which we heavily recommend you take advantage of. Because this is a federal case, you’ll need a lawyer who can practice in federal court.

This is considerably more complex than most cases involving out-of-state DUIs. An out-of-state DUI can be stressful, involving another state’s laws and punishments, as well as travel for court dates. However, the process itself is still much the same. But when you are dealing with federal charges, the stakes are higher.

Defense strategy differences

Both state and federal DUI cases rely on similar evidence, such as Blood Alcohol Concentration (BAC) tests, breath tests, field sobriety tests, an officer’s body cam footage, and evidence from witnesses. However, the defense approach your attorney takes may depend on whether your case is federal or state.

At the state level, your attorney may question whether or not the officer had reasonable suspicion when they conducted the traffic stop. They may also look into how field sobriety tests and chemical tests were conducted to determine whether or not the results were accurate. They might also determine whether or not the officer upheld your constitutional rights before, during, and after your arrest.

Additional layers come into play in a federal arrest, although the same defense strategies we just discussed also apply. Your lawyer may challenge the jurisdiction of the charges to find out if the stop truly occurred on federal land. This may be a good angle to take if your traffic stop occurred very close to the entrance of the park, as it can be difficult for visitors to know exactly when they cross the border between state and federal lands. Your attorney may also challenge the National Park Ranger’s traffic stop and demand proof that they followed arrest and evidence collection procedures required under federal law.

What to do if you’re charged

You’ve been stopped for driving under the influence in a national park—now what? You need to be respectful and calm throughout the traffic stop to avoid escalating the situation. However, you should still be aware of your rights and avoid saying or doing anything that could incriminate you.

After you’re arrested, you should request an attorney and get more details on your arrest. This is when you can find out if you’ve been charged at the federal or state level. This answer can determine how the remainder of your case proceeds.

Preserve any evidence you get throughout this process as it could be useful for your attorney. Photos, videos, and dashcam footage can all be helpful. If you had a passenger with you at the time of the traffic stop, get them to jot down everything they remember as soon as possible.

From there, you can follow your attorney’s advice to protect your rights and fight for the best outcome under the circumstances.

Choose Delius, McKenzie & McCarter for your federal DUI case

The team at Delius, McKenzie & McCarter understands what’s at stake in a federal criminal case, and we know how to advocate effectively for our clients. The sooner you reach out, the sooner we can start building your case. Contact us online today.