When Does a DUI Become a Federal Crime?

 Posted on January 28, 2026 in DUI

The offense of driving under the influence is typically a state charge, meaning a person will be tried in state court and if convicted, possibly have to serve time in state prison. There are times when these offenses are charged and tried at the federal level.

The penalties for a conviction of any federal offense are much harsher than the same crimes in state court. Anyone facing federal DUI charges in 2026 should speak to an Illinois federal criminal defense lawyer right away.

What Is a Federal DUI Charge?

According to the U.S. Code of Federal Regulations, a federal DUI offense occurs when a driver drives a vehicle on federal land with a blood alcohol concentration of 0.08 grams per 100 milliliters of blood. The federal statute also dictates that if the offense occurs within a state that has more restrictive laws, state law will supersede federal law.

A DUI charge is considered a federal offense when a driver is found driving under the influence on federal land. Federal land can include places such as national parks, national monuments, post offices, airports, and military bases. The most common locations for federal DUI charges are national parks and military bases.

Where Are Federal DUI Charges Tried? 

State and federal DUI charges have many similarities, but anyone facing federal charges can be tried in the U.S. Federal District Court of the state where they were arrested. Members of the military charged with a federal DUI are also tried in federal court.

Federal misdemeanor DUI cases are usually handled by a federal magistrate in a bench trial. You won’t have the right to a jury trial, which means the judge alone will decide whether you are guilty.

What Are the Penalties for a Federal DUI Conviction?

There is one other main difference between state and federal DUI charges. In some instances, the penalties for a conviction will defer to case law and state law, meaning those penalties may apply. However, when those penalties do not apply, the U.S. Code categorizes a DUI as a Class B misdemeanor. As such, many convicted of a DUI at the federal level will face up to six months in federal prison, an additional five years of federal probation, and a maximum fine of $5,000.

Is There Federal Land in Illinois?

Illinois has several areas that qualify as federal property where a DUI could result in federal charges. The largest area of federal land in Illinois is the Shawnee National Forest, which covers approximately 280,000 acres across southern Illinois. This national forest sees thousands of visitors each year, and law enforcement officers patrolling these areas have federal authority. Anyone caught driving under the influence on roads within the Shawnee National Forest could face federal DUI charges.

Illinois also contains several national wildlife refuges managed by the U.S. Fish and Wildlife Service. Driving through these protected areas while intoxicated falls under federal jurisdiction. These include:

• Meredosia National Wildlife Refuge

• Mark Twain National Wildlife Refuge Complex

• Chautauqua National Wildlife Refuge

Federal buildings and their surrounding grounds also count as federal property. This includes post offices throughout the state, Veterans Affairs medical centers, federal courthouses, and other government facilities. Even parking lots adjacent to these buildings may be considered federal land. While it is less common for someone to drive drunk on these smaller parcels of federal property, it can and does happen, resulting in federal charges.

Other Federal Criminal Charges in Connection with DUI Arrests

Sometimes a DUI arrest that begins as a state charge can lead to separate federal criminal charges. This happens when officers discover evidence of other federal crimes during a DUI investigation. The DUI itself remains a state charge, but the additional criminal activity triggers federal prosecution.

Drug Trafficking Across State Lines

One common scenario involves drug trafficking across state lines. Under 21 U.S.C. Section 841, it is a federal crime to knowingly distribute, manufacture, or possess with intent to distribute controlled substances.

If a driver is pulled over for suspected drunk driving in Illinois and officers find a large amount of drugs in the vehicle, the driver may face federal charges. This is especially true if there is evidence the driver was transporting those drugs from another state. The amount and type of drug matter significantly. For example, having methamphetamine, cocaine, or heroin while crossing state lines creates federal jurisdiction even if the initial stop was for a state DUI offense.

Transporting Illegal Firearms

Transporting illegal guns while intoxicated can also lead to federal weapons charges under 18 U.S.C. Section 922. This federal statute prohibits certain people from possessing firearms and restricts the interstate transportation of firearms.

If someone drives drunk across state lines with an unlicensed firearm, or if a convicted felon is found with a gun during a DUI stop, federal prosecutors may file weapons charges. The combination of impaired driving and illegal weapons possession often results in both state and federal cases being prosecuted simultaneously.

Other Situations that Allow Federal Crimes After a DUI Arrest

Other situations that can trigger federal charges include transporting stolen property across state lines, human trafficking, or transporting someone for illegal purposes. Federal prosecutors take these offenses seriously because they involve interstate commerce or federal interests.

The penalties for these federal charges are typically much more severe than the underlying DUI charge. While a first-time DUI might result in probation or a short jail sentence, federal drug trafficking or weapons charges can carry mandatory minimum prison sentences of several years.

Facing Federal DUI Charges? Call Our Chicago Federal Criminal Defense Lawyer Today

Many people arrested for a DUI are shocked to hear that they are facing federal charges. If you have been charged with a federal DUI, our skilled Chicago federal criminal defense lawyer can help.

At the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, we understand the defenses that give you the best chance of having your charges dropped or reduced. Call us today at 312-629-0669 or contact us online to arrange a free consultation.