Federal DUI

The United States Government is responsible for DUI arrests made at Naval Base Kitsap (which also includes Naval Station Bremerton and Naval Submarine Base Bangor), Keyport, Indian Island & Bremerton Naval Hospital).

If you are an Armed Forces member and are arrested for DUI on Federal Lands such as Naval Base Kitsap then your case will be taken to the United States District Court in the Western District. Because the incident occurred on Federal Lands it will be the Federal Government that is responsible for the case, not the local County Government. The JAG (Judge AdvocateGeneral) lawyers representing the United States Government will prosecute you.

Federal Law borrows from the Washington DUI Statute

The case is being prosecuted in Federal Court. However, the Federal Court applies the Washington State DUI Statute to their DUI prosecution. This is RCW 46.61.502, and all the caselaw that is derived from it. Although the Federal Court uses the State Statute to prosecute them, their application is very different from that of the State Courts. This is usually to the benefit of the defendant. The State Courts, for example, will maintain jurisdiction for five years following a DUI conviction. Federal Court closes the case file (or ends jurisdiction) when an individual meets the Court’s conditions or sanctions. The State Court has a high fine because of mandatory sentencing. Federal Court is often less.

You can stop for “less than probable cause.”

Some of the sanctions may be more severe than others, but a Naval Base stop does not have to meet the same criteria for “cause” that would be required for a base stop. An officer cannot stop someone off a base if they have probable cause or reasonable suspicion that they are guilty of a crime or have committed a traffic violation. If the officer arrests an individual for a crime and they are unable to prove probable cause, the arrest and prosecution will be thrown out. This is not true at a Naval Base. They can arrest an individual for less than probable cause, or even no cause. If the stop was not based upon probable cause, a Federal Court will not dismiss a DUI case.

What if you are a civilian on federal property?

If you’re a civilian who is charged with a DUI for visiting a Naval Base, you will be prosecuted by the United States District Court. You will be prosecuted not by the JAG, but the U.S. Attorney’s Office. Both cases will be treated in the same manner, as they are both under the Statutes of the State of Washington. However, individuals in the Navy may receive a more severe sanction due to the impact on their rank and paygrade. Civilians and members of the Armed Forces will both need to request a hearing at the DOL in order to appeal the suspension. Even if there is no criminal case pending, this must be done within seven days of arrest.

Federal cases are very different from the common DUI. An attorney with experience in Federal District Courts is necessary if you are accused. He or she must also be familiar with the differences between procedures in Federal and State courts. The JGR Law Offices is licensed to practice in United States District Court. We can handle any criminal matter on Naval Base Kitsap. We have found that it is beneficial to contact us early in the case so we can resolve it as soon as possible. This will save you from months of pre-trial conferences and eventually a trial. For a free consultation, please contact our office so that we can help you understand the situation.