Federal DWI Offense in New Jersey

Defense Lawyers for Driving While Intoxicated at Gateway National Park at Sandy Hook, Fort Dix, Fort McGuire, Picatinny Arsenal, Naval Station Earle

A DWI charge gets significantly more complicated in New Jersey when the summons is issued by a federal law enforcement officer and/or a violation occurring on federal property. When a federal driving while intoxicated case is filed, the federal district court has jurisdiction to hear the case—with those located in Newark and Fort Dix being the most prevalent. If you have been charged with a DWI on Gateway National Park at Sandy Hook, Fort Dix, Fort McGuire, Picatinny Arsenal, Naval Air Station at Lakehurst or Naval Weapons State Earle, we are prepared to assist you. There are municipal courts in these locations like the National Park Municipal Court. We happen to possess the largest driving while intoxicated defense team in the state and have considerable experience defending federal DWI charges. One of our former prosecutors or another skilled member of our defense staff can be reached 24/7 for a free consultation. Give us a call anytime at 877-450-8301. The following are some important issues to consider if the DWI you are facing is in federal court.

What Law & Penalties Apply in a Federal DWI Case?

The first question most people facing a federal DWI pose to us is whether the same penalties provided under N.J.S.A. 39:4-50, New Jersey’s DWI law, apply in federal district court. The answer to this question is, unfortunately, it depends. In this regard, the NJ DWI law is “assimilated” by the federal court and applied in terms of penalties to the extent that a related federal DWI law is not applicable. What this means in most cases is that a driving while intoxicated suspect will face the same penalties in a federal DWI case as he would in a local municipal court in New Jersey. The most common situation where it would not apply is where the alleged violation occurred at a national park. Put differently, a federal law exists that preempts NJ law when the violation is at a federal park installation because federal law creates its own set of penalties whenever a violation is at a federal park. In accordance with Title 36 of the Code of Federal Regulations, a DWI on national park lands is a Class B misdemeanor. The penalties if someone is convicted of this federal offense include up to six (6) months in jail, thirty (30) days of which is mandatory, and a fine of up to $5,000. There is also a period of probation that can reach five (5) years following release from federal prison.

If you are facing a DWI violation arising out of Sandy Hook (i.e. Gateway National Park), Fort Dix, Fort McGuire, Lakehurst Naval Air Station or elsewhere in New Jersey, call us immediately. A skilled driving while intoxicated defense lawyer is always available 24/7 to assist you. Initial consultations are always without charge so do not hesitate to contact us at 877-450-8301.