DUI Arrest at MacDill Airforce Base

If you have been arrested for a DUI at MacDill Airforce Base the case can be prosecuted in Federal Court. The arresting officer will issue a Violation Notice from the United States District Court which can alleged a violation of the DUI laws in the State of Florida which are then prosecuted in federal court. 

Often in the federal court system the courts do not recognize a right to a jury trial on a first DUI since it is not considered a "serious offense" and it carries a maximum sentence of up to 6 months in jail. However, the right to a jury trial can be asserted if the statutory maximum sentence exceeds 6 months because:

• the DUI is charged as a second or subsequent offense; or
• the DUI is charged as an enhanced DUI because the subject blew over a .15 or a minor; or
• the involves property damage or non-serious bodily injury; or
• any felony version of DUI is charged. 

Federal DUI Preliminary Suspension of Driving Privileges

After a DUI arrest at MacDill Airforce Base you will receive notice of a preliminary suspension of driving privileges. This preliminary suspension will become permanent (and normally lasts for 12 months) UNLESS you request an administrative hearing within 10 calendar days. It is important to request that administrative hearing because it allows your attorney to protect your privilege to drive, gather exculpatory evidence, and discovery what each witness will say about the events surrounding the arrest.

For any civilian or member of the military arrested on the property belonging to MacDill Air Force Base in Tampa, FL, the Department of the Air Force, 6th Air Mobility Wing (AMC) will issue a preliminary suspension of driving privileges after a DUI arrest involving:

• a DUI arrest with a refusal to submit to a breath, blood or urine sample to determine your BAC (blood or breath alcohol content); or
• a DUI arrest with a breath test reading on the Intoxilyzer 8000 with a reading over the legal limit of 0.08.

The preliminary suspension of driving privileges provides:

1. Effective immediately, your privileges to operative a motor vehicle on MacDill AFB are preliminarily suspended. This suspension prohibits you from operating any motor vehicle while on all military installations. Additionally, you are prohibited from operating government owned or leased vehicles.
2. Until final adjudication of your case, your base driving privileges will remain suspended. This suspension can become a revocation under authority of AFI 31-204, para 2.5.2.1. and you will be required to attend Court V. Driver Improvement Course presented by 6 AMW/SE. You must contact Base Safety Office to schedule a date and time for the course.
   1. The law enforcement officer had reasonable grounds to believe you were driving or were in physical control of a motor vehicle while under the influence of alcohol or other drugs;
   2. You refused to submit to the test for alcohol, breath or urine;
   3. Failed to complete the test;
   4. Submitted to the test and the results exceeded the amount of allowed blood alcohol content;
   5. Results indicate the presence of other drugs for an on-installation apprehension or in violation of state laws for an off-installation apprehension; and
   6. The testing methods used were valid and reliable; and
   7. The results were accurately recorded and evaluated.
3. You may request an administrative hearing to vacate this action and request your driving privileges be restored pending investigation or final adjudication of the incident by contacting 6 SFS/S-5R, 2505 SOCOM Memorial Way, MacDill AFB, FL 33621. You may present evidence, witnesses, and be represented by assigned military or civilian counsel (at your own expense). Military personnel may contact the Area Defense Counsel for advice and representation.
4. DoD personnel are entitled to personal representation (including private civilian counsel) at the hearing in accordance with applicable laws and regulations.
5. Determinations made at the hearing are without prejudice to the rights of the government in subsequent criminal or administrative proceedings involving the same incident. All hearing determinations will be based upon the preponderance of the evidence presented.
6. Military members, civilian employees, or family members of military members must submit requests through their appropriate commander, staff agency chief, or sponsor's commander for endorsement to 6 SFS/S-5R. If an administrative hearing is not requested within 10 calendar days, this suspension will become a permanent suspension until final adjudication of the DUI case in federal court.
7. Restricted or Probationary Driving Privileges. You may request restricted or probationary driving privileges at any time after you receive this letter. There are no guarantees you will receive requested privileges. Restricted or probationary privileges are reserved for those with extreme hardships. Requests must be made in writing and must be endorsed by your commander, appropriate staff agency, or your sponsor's commander, for review and approval or disapproval.
8. Reinstatement of installation driving privileges. For DUI offenses and refusing to submit to a blood alcohol test to determine your blood alcohol concentration in conjunction with a DUI, your driving privileges will be automatically reinstated one year from the date of the offense, provided no further incidents have occurred.
9. You may request reinstatement of your driving privileges if you are acquitted of DUI through any judicial or non-judicial proceeding. Exception: If you are acquitted of DUI, but refused to submit to a chemical test to determine your blood alcohol concentration, your driving privileges will continue to be revoked for one year from the date of the offense.

If you have been arrested for DUI or any other criminal offense at MacDill Airforce Base contact an experienced Tampa DUI Attorney at the Sammis Law Firm to discuss the particular facts and circumstances of your case. In many of these cases you must act quickly (within 10 days of the arrest) to preserve your rights.