A DUI (driving under the influence) is a serious charge in Florida. In fact, in one month alone, DUIs can contribute to over 470 car crashes resulting in more than 40 fatalities and 40 cases of bodily injuries. This data comes directly from Florida’s Highway Safety and Motor Vehicles (FLHSMV) Department.
Typically, penalties range from fines to even imprisonment, depending on the severity of the case. However, what if you’re charged with a DUI in Florida on federal property? Can a Homeland Security agent arrest you for driving under the influence?
This answer is YES. Homeland Security has the authority to arrest any driver for a DUI on federal property. Thus, this also includes entries to federal properties like ports and military base entries.
Learn more about Homeland Security processes for Florida DUI penalties.
Where Can Homeland Security Make a DUI Arrest?
A Homeland Security agent would make a DUI arrest while on duty on federal property. Their typical duties involve issues of national security, immigration matters, and border security. However, an agent may make a DUI arrest if they witness driving under the influence on federal property.
There are several types of federal properties to know about in Florida.
Florida’s national parks are federal property. So, a federal agent may arrest drivers under the influence on the premises. This also applies to federal courthouse property, and federal courts handle these DUI cases.
If a Homeland Security agent suspects you’re driving under the influence on a military base, they may arrest you for a DUI. And, the same applies to any other federal agents who have the power to make DUI arrests.
Federal Homeland Security agents can make DUI arrests at Florida’s border crossings. Suspected DUI behavior at seaports, patrol airports, and other federal ports of entry can also lead to federal DUI arrests.
In some cases, federal agents may make DUI arrests near schools or religious institutions, depending on the circumstances.
It’s important to note that Homeland Security agents don’t typically patrol public properties and roads. If a Homeland Security agent arrests a driver on a public road, the agent may be conducting border security work. The agency may hand the case over to the state in this case.
Cases of DUI arrests made by Homeland Security are complex and require legal expertise.
What Are Your DUI Arrest Rights In These Cases?
It’s important to remember that you have the same DUI arrest rights on federal property as you do on public property.
You have the right to:
- Remain silent and not answer any questions from the arresting Homeland Security agent
- Be informed of the DUI charges made against you
- A lawyer or one will be appointed to you
- Challenge the DUI evidence against you in court
- Request a court hearing within 10 days of the arrest
- A fair trial in your case
While your rights remain the same, you may be subject to harsher federal penalties for a DUI charge. Depending on the case, you may be subject to federal sentencing. The case may go to the state, depending on the charge and location.
The Legal Complexities of DUI Arrests By Homeland Security
There are complexities involved in any DUI arrest made by a federal officer. The first complex legal question pertains to jurisdiction. If the DUI arrest was made on a public road, the state court has jurisdiction in the case, even if the arrest was made by a federal agent.
The next question is whether a federal DUI case could be moved to state court. Only an experienced lawyer can answer this question. That’s why contacting a lawyer immediately should be your top priority in this case.
If you’re an immigrant, being charged with a DUI by Homeland Security could impact your immigration status. An experienced lawyer can give you the proper legal advice in this case.
Homeland Security agents must follow the same procedural protocols for making a DUI arrest. Like Florida police officers, they’re responsible for collecting DUI evidence properly before making an arrest. If the federal agent doesn’t follow these protocols properly, a lawyer can challenge their evidence in court before a judge.
Putting Together a DUI Legal Defense
Your first step is to contact a lawyer after your Homeland Security DUI arrest. You may also contact a trusted family member who can also get in touch with a lawyer.
If possible, collect as much evidence as you can about your DUI arrest, including:
- Eyewitness testimony
- The location of the DUI
- The arresting agent’s information
- Time and date of the incident
- DUI protocols followed (or not followed)
For example, a Homeland Security agent is still mandated to calculate BAC levels to determine a DUI. If law enforcement protocols for DUI arrests aren’t followed, a lawyer can challenge the charge in court.
The case may stay in federal court or be sent to state court, depending on the circumstances.
Take advantage of a free case consultation to get expert legal analysis. This step will point you in the right direction. RHINO Lawyers will provide a free case evaluation to ensure you receive the best legal advice possible.
Get Expert Advice After a Homeland Security DUI in Florida
Whether you’re arrested by a Homeland Security agent or a state police officer, you have the same DUI arrest rights. So, remember the above tips during your arrest and to keep calm. Your first step is to call a law firm that can provide a detailed consultation, providing expert legal advice for your case.
At RHINO Lawyers, we’re happy to provide a free case evaluation for your Homeland Security DUI arrest. We know what it takes to defend a DUI in Florida court and can help you navigate the complexities of your case.
We’re a team of experienced lawyers and legal experts dedicated to the rights of our communities. We believe in rapid response to our client’s needs and bring over a decade of experience to multiple practice areas.
Start your free case evaluation today or contact us to learn more about our firm.
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Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
