Under 36 C.F.R. § 4.23, it is a federal offense to operate a motor vehicle on federal lands while under the influence of alcohol or drugs. An individual is considered under the influence if they are incapable of safe operation or have a blood alcohol concentration (BAC) of .08 or more. This regulation applies to all federal lands managed by the National Park Service and serves as a baseline for DUI offenses on federal property.
According to 18 U.S.C. § 3118, any person who operates a motor vehicle on lands under federal jurisdiction is deemed to have given consent to a chemical test of their blood, breath, or urine to determine drug or alcohol content if arrested for a DUI offense. If a driver refuses to submit to testing, their driving privileges on federal lands can be suspended for one year. Additionally, the refusal can be used as evidence in a DUI prosecution. This statute ensures that federal officers have the authority to conduct chemical tests to enforce DUI laws on federal property.
The Assimilative Crimes Act (18 U.S.C. § 13) permits the application of state criminal laws to conduct occurring on federal lands when there is no equivalent federal law. In the context of DUI, if a state law provides stricter regulations than federal law (e.g., lower BAC limits for commercial drivers or zero tolerance for drivers under 21), those state laws can be enforced on federal lands. This act ensures that federal lands are not havens for conduct that would be criminal under state law.