Federal DUI Charges in Pennsylvania: DUI on Federal Land.

Where federal DUIs happen in Pennsylvania

• National Park Service sites, such as Gettysburg National Military Park, Valley Forge National Historical Park and Delaware Water Gap National Recreation Area.
• Military installations, such as Carlisle Barracks, Naval Support Activity Mechanicsburg, DLA Distribution Susquehanna in New Cumberland, Letterkenny Army Depot and Tobyhanna Army Depot.
• Other federal property, such as federal facilities and VA campuses.

Whether a location falls under federal jurisdiction depends on the property. The arresting agency is usually the clue: U.S. Park Police or NPS rangers, military police, or federal police.

Which court hears the case?

Usually a U.S. Magistrate Judge in the federal district where the property sits. Central Pennsylvania cases go to the U.S. District Court for the Middle District of Pennsylvania, which has Harrisburg, Williamsport and Scranton divisions.

Many cases begin with a federal Violation Notice (a Central Violations Bureau ticket) or with a criminal complaint or information. A mandatory appearance is typically required for DUI. It cannot simply be paid like a ticket.

What law applies?

On National Park Service land, the charge is usually brought under 36 C.F.R. § 4.23, with the stricter state alcohol limit applying where state law is stricter. On many military bases and other federal enclaves, the Assimilative Crimes Act (18 U.S.C. § 13) adopts Pennsylvania's DUI statute (75 Pa.C.S. § 3802) and prosecutes it as a federal offense.

A typical first-offense federal DUI is a petty offense, a Class B misdemeanor carrying up to 6 months and a fine of up to $5,000. Under 18 U.S.C. § 13(b), federal courts can impose state-law license consequences, and federal convictions are reported to the state that issued your license. See Pennsylvania DUI tiers for how § 3802 is structured.

Is there a federal version of ARD?

Yes. It is called pretrial diversion, and it is offered at the discretion of the U.S. Attorney's Office. If the conditions are completed, the charges are dismissed.

For a first-time simple drug possession charge under 21 U.S.C. § 844, 18 U.S.C. § 3607 allows pre-judgment probation that ends in dismissal without a conviction.

Some federal courts have held that a state's own diversion program can be assimilated under the Assimilative Crimes Act (United States v. Sylve, 135 F.3d 680 (9th Cir. 1998)). The Third Circuit has not squarely decided whether Pennsylvania ARD applies. Pennsylvania ARD itself is not automatically available in federal court.

CDL holders: higher stakes

The BAC limit in a commercial vehicle is 0.04%. A DUI conviction in any vehicle triggers a CDL disqualification of at least one year, three years if you were hauling hazardous materials, and lifetime for a second offense (49 C.F.R. § 383.51).

Federal "anti-masking" rules (49 C.F.R. § 384.226) bar states from using diversion to keep a CDL holder's traffic offense off the record, and Pennsylvania counts ARD or other pre-adjudication dispositions as a conviction for CDL purposes (75 Pa.C.S. § 1603). So diversion can protect a criminal record but may not save a CDL. Out-of-state CDL holders face action from their home state. See our CDL DUI guide and out-of-state driver DUI guide.

Marijuana on federal land

Marijuana remains illegal under federal law on federal property, even with a Pennsylvania medical marijuana card. Possession may be charged under 21 U.S.C. § 844, or under 36 C.F.R. § 2.35 in parks. For impairment by drugs, see drug DUI in Pennsylvania.

How we defend federal DUI cases

• Reviewing the stop and the base-gate or checkpoint procedures.
• Challenging field sobriety and chemical testing, including breath, blood and refusal issues.
• Obtaining discovery from the federal prosecutor.
• Negotiating pretrial diversion or a reduced disposition.
• Protecting your license and CDL from collateral consequences.