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FEDERAL DRIVING UNDER
THE INFLUENCE VIOLATIONS
*Provided by the Law Offices of David M. Manilla, Esquire
- (610) 584-0364
18 § 13 Laws of State adopted areas
within Federal jurisdiction
(a) Whoever within or upon any of the places
now existing or hereafter reserved or acquired as provided
in section 7 of this title, or on, above, or below any portion
of the territorial sea of the United States not within the
jurisdiction of any State, Commonwealth, territory, possession,
or district is guilty of any act or omission which, although
not made punishable by any enactment of Congress, would
be punishable if committed or omitted within the jurisdiction
of the State, Territory, Possession, or District in which
such place is situated, by the laws thereof in force at
the time of such act or omission, shall be guilty of a like
offense and subject to a like punishment.
(b)(1) Subject to paragraph (2) and for purposes
of subsection (a) of this section, that which may or shall
be imposed through judicial or administrative action under
the law of a State, territory, possession, or district,
for a conviction for operating a motor vehicle under the
influence of a drug or alcohol, shall be considered to be
a punishment provided by that law. Any limitation on the
right or privilege to operate a motor vehicle imposed under
this subsection shall apply only to the special maritime
and territorial jurisdiction of the United States.
(2)(A) In addition to any term of imprisonment
provided for operating a motor vehicle under the influence
of drug or alcohol impose under law of a State, territory,
possession, or district, the punishment for such an offense
under this section shall include an additional term of imprisonment
of not more than one (1) year, or if serious bodily injury
of a minor is caused, not more than ten (10) years, and
an additional fine under this title, or both if -
(i) a minor (other than the offender) was present in
the motor vehicle when offense was committed; and
(ii) the law of the State, territory, possession, or district
in which the offense occurred does not provide an additional
term of imprisonment under the circumstances described
in clause (i).
(B) For the purpose of subparagraph (A), the term "minor"
means a person less than 18 years of age.
(c) Whenever any waters of the territorial sea of the Unites
States lie outside the territory of any State, Commonwealth,
territory, possession, or district, such waters (including
the airspace above and the seabed and subsoil below, and
artificial islands and fixed structures
erected thereon) shall be deemed, for purposes of subsection
(a), to lie within the area of the State, Commonwealth,
territory, possession, or district that it would lie within
if the boundaries of such State, Commonwealth, territory,
possession, or district were extended seaward to the outer
limit of the territorial sea of the Unites States.
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18 § 3118 Implied consent for certain
tests
(a) Consent. - Whoever operates a motor
vehicle in special maritime and territorial jurisdiction
of the Unites States consents thereby to a chemical test
or tests of such person's blood, breath, or urine, if arrested
for any offense arising from such person's driving while
under the influence of a drug or alcohol in such jurisdiction.
The test or tests shall be administered upon the request
of the police officer having reasonable grounds to believe
the person arrested to have been driving a motor vehicle
upon special maritime and territorial jurisdiction of the
Unites States while under the influence of drugs or alcohol
in violation of the State, territory, possession, or district.
(b) Effect of Refusal. - Whoever, having
consented to a test or tests by reason of subsection (a),
refuses to submit to such a test or tests, after having
first been advised of the consequences of such a refusal,
shall be denied the privilege of operating a motor vehicle
upon special maritime and territorial jurisdiction of the
United States during the period of a year commencing on
the date of the arrest upon which such test or tests was
refused, and such refusal may be admitted into evidence
in any case arising from such person's driving while under
the influence of a drug or alcohol in such jurisdiction.
Any person who operates a motor vehicle in special maritime
and territorial jurisdiction of the United States after
having been denied such privilege under this subsection
shall be treated for the purposes of any civil or, criminal
proceedings arising out of such operation as operating such
vehicle without a license to do so.
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