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Sevierville Federal DUI Lawyers
Aggressive strategies for clients facing federal DUI charges in Tennessee
A DUI conviction in Tennessee is serious business; our state has some of the strictest laws on the books, and the fines and penalties can be severe. Being convicted of a federal DUI, however, can be far worse. Unfortunately, both residents and tourists can be charged with a federal DUI while driving in parts of Sevier County because a portion of the Great Smoky Mountains National Park, which is about half a million acres of federally protected lands and roads – includes roads that extend into areas bordering Gatlinburg and Pigeon Forge.
When you are charged with a federal DUI, you need a local attorney on your side who knows not only the laws of both Tennessee and the federal government but who is intimately familiar with the roads in the area. The Sevierville federal DUI defense lawyers of Delius, McKenzie & McCarter, have defended countless clients accused of driving under the influence of alcohol or drugs. You can rely on us to protect your rights and fight for your freedom.
How can we help?
- When can prosecutors file federal DUI charges?
- How do federal criminal cases differ from state cases?
- What are the penalties for a federal DUI conviction?
- Laws for drinking (but not driving) in national parks
- How do you fight for drivers charged with a federal DUI offense?
- Do you have a Sevierville federal DUI lawyer near me?
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When can prosecutors file federal DUI charges?
Generally, federal prosecutors can file DUI charges if federal law enforcement officers encounter a driver who operated on federal property and the officers have reasonable grounds to believe the driver was operating their vehicle while intoxicated.
Federal property includes roads in national parks (including many of the roads in Great Smoky Mountains National Park), military bases where special rules apply, or any other federal property.
The federal government may prosecute other crimes by assimilating Tennessee’s law under 18 U.S.C. § 13. Whether Tennessee can also prosecute depends on the site’s jurisdiction (exclusive vs. concurrent).
The federal DUI statute provides that drivers who operate or have physical control of a motor vehicle can be charged with a crime if they:
- Drive under the influence of alcohol and/or drugs to the degree that they are incapable of safe driving.
- Drive with a breath or blood alcohol content level of .08 or higher. However, any stricter state limits supersede these federal limits.
The federal DUI statute also provides that an authorized person who has reason to believe a driver within a “park area” is in violation of the above conditions can be asked to submit to a breath, blood, or urine test. Drivers cannot refuse to take the test. If a driver refuses to take a chemical test, the refusal can be introduced into evidence.
Generally, officers need a search warrant to conduct a blood test, unless “exigent circumstances exist.” The tests must be “conducted by using accepted scientific methods and equipment of proven accuracy and reliability operated by personnel certified in its use.”
Drivers may also be asked to submit to field sobriety tests before being asked to take a breath test or another chemical test.
How do federal criminal cases differ from state cases?
Our Sevierville federal DUI defense lawyers have the skill and experience to handle federal DUI charges. The differences between a federal and a Tennessee DUI include the following:
- Your case will be heard in the US District Court for the Eastern District of Tennessee. This court will handle all aspects of your case. These aspects include assigning a federal judge to your case and deciding any motions to suppress evidence (or other motions).
- The federal rules of criminal procedure and the federal rules of evidence will apply.
- A federal DUI conviction typically stays on your permanent federal record forever.
- A federal conviction of any kind can keep you from working in jobs requiring security clearances, which means any dreams you may have had of working for local, state, or the federal government are gone. Further, this will affect your ability to work for private sector contractors that often work with the government.
- You must be represented by an attorney who can practice in federal court, as our attorneys can.
- If your federal DUI involved allegations of drug use, you could face federal drug charges in addition to the DUI.
- State laws are used as a guide, under the Assimilative Crimes Act for other offenses occurring on federal property.
- Petty offenses in Federal Court are tried before a Federal Magistrate without the intervention of a jury.
What are the penalties for a federal DUI conviction?
A federal DUI in a national park is considered a petty offense punishable by up to 6 months’ imprisonment and a fine up to $5,000. Courts may impose probation up to 5 years instead of imprisonment and may impose up to one year of supervised release after imprisonment (where authorized). Courts may impose conditions (or the Park Service may set administrative restrictions) that limit or suspend your privilege to drive within park areas; this is discretionary, not automatic. The length of your sentence depends on your prior DUI conviction record, the BAC level, and whether there were any injuries (including death) or property damage.
The penalties for a Tennessee DUI vary depending on your prior DUI offense record and other factors.
The harsh penalties for a federal DUI conviction mean that your first thought upon being ticketed should be to call a local Sevierville attorney to help you fight the charges.
Laws for drinking (but not driving) in national parks
We also handle federal charges for the illegal possession or consumption of alcoholic beverages in federal park areas. We can explain what exceptions apply, such as overnight lodging facilities, designated picnic areas, and other locations.
How do you fight for drivers charged with a federal DUI offense?
Delius, McKenzie & McCarter, knows what is at stake when you are charged with a federal DUI. We have long-term experience working with and challenging federal police officers and prosecutors. Our lawyers understand how to select federal juries and argue cases before federal judges.
Our Sevierville DUI defense lawyers assert all your defenses. These include:
- Contesting the right of the police to stop you.
- Contesting the reliability of any breath tests.
- Showing that the police officers did not properly explain your rights, such as the consequences for refusing a breath test.
- Arguing that you were not on federal property.
- Arguing that you were not the driver.
- Asserting that the government cannot prove its case beyond a reasonable doubt.
- Arguing that your breath test result is not admissible or was due to non-alcohol causes.
- All other relevant defenses.
We fight hard and fast for our clients because time is of the essence when you are facing criminal charges. We keep you informed about the progression of your case. We advocate aggressively to have your charges dropped completely, so you can avoid having a federal conviction on your record forever, obtain acquittals, and negotiate plea agreements to lesser charges such as traffic violations.
Do you have a Sevierville federal DUI lawyer near me?
Yes. We meet DUI defendants at our Sevierville office located at 124 Court Avenue. If you’re in custody, we can meet you at a Tennessee prison or detention center. We also consult with clients by phone and through online video, which is especially helpful for out-of-state clients.
We’re here to explain your defenses and fight for your freedom.
Trust an experienced Sevierville federal DUI attorney to protect your future
Federal charges of any nature are no joke; they can cost you thousands of dollars in fines, your career or education you want, and your freedom. Delius, McKenzie & McCarter, helps to protect people in and around Sevierville, Seymour, Gatlinburg, Greeneville, Pigeon Forge, and the Tri-Cities (Bristol, Kingsport, and Johnson City) who have been charged with a DUI on federal lands. To make an appointment with our team, please call us or fill out our contact form.