Sometimes, people are charged with driving under the influence (DUI) while on federal property, such as a military base like Joint Base Charleston or a national park site like Fort Sumter. These cases can be handled differently than typical state-level offenses in Magistrate or Municipal Courts, or in General Sessions Court for enhanced DUIs.
In this article, the DUI lawyers at Futeral & Nelson explain how a federal DUI in South Carolina happens, how the federal criminal process works, and how sentencing and your driver’s license can be affected. So what happens if you get a DUI on federal property in South Carolina?
Quick Answer: A DUI on qualifying federal property in South Carolina may be prosecuted in federal court, usually before a United States Magistrate Judge in Charleston for a misdemeanor charged in the Charleston Division. On a military base, the charge may be brought under the Assimilative Crimes Act, which borrows South Carolina’s DUI law and penalties. In a National Park Service area, a federal regulation may apply directly. Talk to a lawyer before your first court date.
Table of Contents
- Where Do I Go to Court for a Federal DUI in South Carolina?
- How Can I Be Charged with a South Carolina DUI in Federal Court?
- What Is the Central Violations Bureau (CVB)?
- Who Decides a Federal DUI Case, and Do I Get a Jury Trial?
- What Penalties Can I Receive for a Federal DUI in South Carolina?
- What Happens If I Refuse a Breath Test on Federal Property?
- Does My Driver’s License Get Suspended for a Federal DUI?
- Can I Lose My Base Driving Privileges After a DUI?
- How Do You Defend a DUI in Federal Court?
- Should I Get a Lawyer for a Federal DUI?
Where Do I Go to Court for a Federal DUI in South Carolina?
If you are reading this article, you may have received a United States District Court Violation Notice. If you were charged in Charleston County or certain nearby counties, a United States Magistrate Judge will likely hear your case in Charleston, but always confirm the location on your notice or court summons.
You also need to review the ticket to see if it requires you to appear in court on a certain date. Do not assume you can pay a fine instead of appearing for a DUI; follow the instructions on your notice or court summons. We strongly urge you to consult with an attorney BEFORE you ever step into a courtroom for a federal DUI, or any DUI for that matter.
How Can I Be Charged with a South Carolina DUI in Federal Court?
18 U.S.C. § 13 of the federal code is called the Assimilative Crimes Act. Under this law, South Carolina criminal law may be borrowed for conduct in qualifying federal jurisdiction when federal law does not already punish the conduct in a way that precludes borrowing state law. On a military installation, the Assimilative Crimes Act may allow federal prosecution for driving under the influence under South Carolina law, including South Carolina’s penalties. Whether it applies depends on the location, the conduct, and the charge.
National Park Service areas are different. A federal regulation, 36 C.F.R. § 4.23, directly prohibits operating or being in actual physical control of a motor vehicle while impaired to a degree that renders the operator incapable of safe operation, or with a blood or breath alcohol concentration of 0.08 or more, unless an applicable state-law limit is more restrictive. When that regulation is charged, the federal penalties apply instead of South Carolina’s. The following table summarizes the difference:
| Where You Were Arrested | Law Usually Charged | Possible Penalties |
|---|---|---|
| Military installation (for example, Joint Base Charleston) | South Carolina DUI law through the Assimilative Crimes Act, 18 U.S.C. § 13, if applicable | South Carolina DUI penalties; a separate federal enhancement may apply if a passenger under 18 was in the vehicle and the statutory conditions are met |
| National Park Service area (for example, Fort Sumter or Charles Pinckney National Historic Site) | 36 C.F.R. § 4.23, where the regulation applies to the location and conduct | Up to six months in jail and a fine of up to $5,000 for an individual |
| Other federal property | Depends on the property and the federal jurisdiction over it | Varies; your lawyer should review the charging document |
What Is the Central Violations Bureau (CVB)?
The Central Violations Bureau (CVB) is a national center that processes federal violation notices. It is not the court that decides whether you are guilty. Your case may be heard in federal court on a docket often called “CVB court.” Federal Marshals, military police, or other types of federal agents may be involved. An Assistant United States Attorney or a military Special Assistant United States Attorney may prosecute the case.
The docket is similar to state court dockets in that many cases are scheduled on a particular day and disposed of over time. Eventually, the case may be resolved by dismissal, a plea agreement, or a trial. These cases follow the Federal Rules of Criminal Procedure, particularly Rule 58 for petty offenses and other misdemeanors, instead of South Carolina’s rules of criminal procedure.
Who Decides a Federal DUI Case, and Do I Get a Jury Trial?
The presiding judge will most likely be a United States Magistrate Judge if the charge is a misdemeanor filed in the Charleston Division. Whether you have a right to a jury trial depends on the charge and its maximum penalty.
A DUI charged under the National Park Service regulation carries a maximum of six months in jail and, for an individual, generally a maximum fine of $5,000, so it is a petty offense that a Magistrate Judge can decide without a jury. A DUI charged under the Assimilative Crimes Act borrows the applicable South Carolina imprisonment range.
If the maximum is more than six months, such as for a second offense, the charge is not a petty offense, and different rules apply to your right to a jury trial and to having the case heard by a Magistrate Judge. A first-offense South Carolina DUI has a maximum of 30 days, or 90 days at the highest alcohol-concentration tier, and should not be treated as a nonpetty offense solely because it was charged under the Assimilative Crimes Act.
What Penalties Can I Receive for a Federal DUI in South Carolina?
Under the Assimilative Crimes Act, you face penalties based on the South Carolina offense, subject to applicable federal sentencing law. There is no federal add-on to the jail time for an ordinary DUI. The following table shows the jail and fine ranges under S.C. Code Section 56-5-2930. For a first offense, the law provides a fine or jail time, and for second and third offenses, both. The higher tiers apply only if the alcohol concentration is established as required by the statute; if a jury cannot unanimously agree on the enhanced tier, the nonenhanced penalty applies.
| Offense | BAC Below 0.10% | BAC 0.10% to Below 0.16% | BAC 0.16% or More |
|---|---|---|---|
| First offense | $400 or 48 hours to 30 days | $500 or 72 hours to 30 days | $1,000 or 30 to 90 days |
| Second offense | $2,100 to $5,100 and 5 days to 1 year | $2,500 to $5,500 and 30 days to 2 years | $3,500 to $6,500 and 90 days to 3 years |
| Third offense | $3,800 to $6,300 and 60 days to 3 years | $5,000 to $7,500 and 90 days to 4 years | $7,500 to $10,000 and 6 months to 5 years |
| Fourth or later offense | 1 to 5 years | 2 to 6 years | 3 to 7 years |
For a first offense, the statute permits public-service employment in lieu of the minimum jail term under specified conditions. The fourth-or-later-offense provisions do not specify a fine. A felony DUI that causes great bodily injury carries 30 days to 15 years in prison and a mandatory fine of $5,100 to $10,100.
A felony DUI that causes death carries 1 to 25 years and a mandatory fine of $10,100 to $25,100. These felony charges also require proof that the driver’s unlawful act or neglect of a driving duty proximately caused the injury or death. You can read more about the penalties for a DUI in South Carolina in our separate article.
Federal law can add time when a child is involved. Under 18 U.S.C. § 13(b)(2), the following additional maximum terms can apply to a DUI charged under the Assimilative Crimes Act if a passenger under 18, other than the driver, was in the vehicle and South Carolina law does not provide an additional term of imprisonment for that passenger’s presence:
| Circumstance | Additional Federal Imprisonment |
|---|---|
| A passenger under 18 was in the vehicle | Up to 1 year |
| The DUI caused serious bodily injury to a minor | Up to 5 years |
| The DUI caused the death of a minor | Up to 10 years |
South Carolina’s own child endangerment law provides an additional punishment when the driver is 18 or older, and the passenger is under 16, so do not assume the federal enhancement also applies in that situation. A case involving a 16- or 17-year-old passenger may require a separate analysis. Federal law also provides for an additional fine under the minor-passenger enhancement. A federal judge may impose other fines under applicable federal sentencing law and, when authorized, probation with conditions such as alcohol treatment.
What Happens If I Refuse a Breath Test on Federal Property?
Federal law has its own implied consent rule. Under 18 U.S.C. § 3118, if you are arrested for an offense arising from DUI driving within the special maritime and territorial jurisdiction of the United States and refuse a properly requested chemical test after being advised of the consequences, you will be denied the privilege of driving within that federal jurisdiction for one year, starting on the date of the arrest.
Your refusal may also be used as evidence in the DUI case. The rule does not apply to every place merely because it is federally owned. In National Park Service areas, refusing a properly requested breath, saliva, or urine test is also a separate violation of the park regulations, and military installations have their own implied consent rules.
Does My Driver’s License Get Suspended for a Federal DUI?
Maybe. A driving restriction imposed under the Assimilative Crimes Act applies only within federal jurisdiction and does not, by itself, suspend your South Carolina license statewide. In fact, Subsection (b) of the Assimilative Crimes Act provides that any limitation on the right or privilege to operate a motor vehicle imposed under that subsection “shall apply only to the special maritime and territorial jurisdiction of the United States.”
Also, South Carolina’s DUI conviction suspension statute names convictions under South Carolina law and the laws of other “states,” but does not expressly include federal DUI convictions. However, a separate statute gives the DMV discretion to record certain military-related federal dispositions; whether and how the DMV acts in a particular case requires reviewing the disposition and the applicable licensing law.
The older federal appeals court case of United States v. Rowe (1979), which reversed a separately assimilated breath-test refusal conviction because the state treated refusal as a civil and administrative matter, is helpful in distinguishing a criminal charge from an administrative consequence, but it did not decide whether South Carolina must suspend a license after a federal DUI conviction.
We advise you to prepare for possible driving restrictions, including separate on-base action, and to confirm whether the DMV has taken action rather than assuming the same suspension will follow as in state court. For a more detailed explanation of these suspensions, see our article on DUI license suspensions in South Carolina.
Can I Lose My Base Driving Privileges After a DUI?
Yes. Separate from your state license and the criminal case, the installation commander can restrict your driving privileges on a military base. Under 32 C.F.R. Part 634, your on-base driving privileges can be suspended immediately pending resolution of a DUI incident in certain circumstances, such as a refusal, a qualifying blood alcohol result, or an arrest report, subject to the required administrative review.
A qualifying refusal determination or a DUI conviction, nonjudicial punishment, or specified administrative action results in revocation of your installation driving privileges for at least one year. The rules distinguish between military-affiliated drivers and civilian guests for incidents occurring away from the installation. For service members, civilian employees, and contractors who must drive onto the base for work, this can be one of the most serious consequences.
How Do You Defend a DUI in Federal Court?
While the procedure and penalties differ, the substantive defense is similar to what we do in state court for DUIs. As in state court, we seek police reports, in-car video from the police cruiser, video from the breathalyzer room (regardless of whether you blew), booking records, dispatch records, and the officers’ training records. If you submitted a breath, blood, or urine sample, we can seek other things as well, including the records we use to challenge a breath test result. The recordings and records available may differ by agency and location.
In federal court, we also seek the statement of probable cause, information on any restrictions that may bar you from driving on federal property, and any documents specific to the agency that arrested you. After reviewing the available evidence, we will tell you what we think of your case and begin negotiating with the prosecutor and building your defense.
Should I Get a Lawyer for a Federal DUI?
We always advise clients charged with driving under the influence to consult with an attorney before going to court. In federal cases, because the process is unfamiliar and the consequences can include jail, the loss of base driving privileges, and possible license suspensions, we emphasize this even more. The attorneys at Futeral & Nelson are licensed in both state and federal courts in South Carolina and have extensive experience defending DUI cases. If you are charged with a DUI in federal or state court, call us today at 843-284-5500 to schedule a free consultation.
Contact our Charleston DUI defense lawyers at Futeral & Nelson, LLC today to discuss your case.
