A person commits a federal DUI criminal offense by operating a vehicle on property owned the federal government while under the influence of alcohol or drugs. 36 C.F.R. § 4.23. Being under the influence of alcohol or drugs includes (1) influence of alcohol or drugs that makes the operator incapable of safe operation of the vehicle or (2) a blood alcohol concentration (BAC) of .08 or more.
A person driving on federal property is also subject to any DUI/DWI laws of the state in which the federal property is located to the extent the state laws are more strict than the federal DUI law—such as a state law that makes it a criminal offense for a person under the age of 21 to operate a vehicle with any amount of alcohol or drugs in the person’s system, or a state law that makes it a criminal offense for the operator of a commercial vehicle to have a BAC of .04 or greater.
Federal properties on which a driver may be subject to a federal DUI charge include: (1) national parks and conservation areas; (2) national forests; (3) military bases; (4) Native American reservations; (5) some airports; (6) post offices; (7) federal courts; and (8) federal government buildings.
Under federal law a person operating a vehicle on federal property gives implied consent to a chemical test of blood, breath, or urine if arrested for a federal DUI and if the arresting police officer has reasonable grounds to believe the driver is under the influence of drugs or alcohol in violation of federal or applicable state law. See 18 U.S.C. §3118. Refusal to submit to a chemical test will result in the suspension of the defendant’s privilege to drive on federal property for one year—and the refusal may be admitted in evidence against the defendant in the prosecution for DUI.
National park rangers and other federal officers who arrest a person for federal DUI may confiscate the driver’s license and send it to the state department of motor vehicles that issued the license. And if the driver does not request an administrative hearing with the state’s department of motor vehicles within days (deadlines vary from state to state) the driver’s license will be automatically suspended, as with a state DUI/DWI charge.
In Texas, a person commits a federal DUI offense if they operate a vehicle on federal property with a BAC of .08 or more, or if they are under the influence of alcohol or drugs to the extent that they are incapable of safe operation. Federal properties include national parks, military bases, and other government-owned lands. Texas DUI laws also apply on federal lands within the state, and if Texas law is stricter, such as zero tolerance for drivers under 21 or lower BAC limits for commercial drivers, those laws will be enforced. Under federal law, drivers on federal property have given implied consent to chemical testing if arrested for DUI, and refusal can lead to a one-year driving ban on federal property and the evidence of refusal can be used in court. Federal officers can confiscate a driver's license, which may be suspended if the driver does not request an administrative hearing with the Texas Department of Motor Vehicles within the state's specified deadline.
