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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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