United States v. Patricia Roberts, United States of America v. Alfred L. Hoskins

Patricia Roberts and Alfred Hoskins appeal convictions for driving a vehicle with a blood alcohol content above .10 percent, in violation of California law. Hoskins also appeals his conviction for driving under the influence of alcohol. Each was arrested while driving on the Long Beach Naval Station in Long Beach, California. The prosecutions were under the Assimilative Crimes Act, 18 U.S.C. § 13 (1982).

We must decide whether California’s implied consent law provisions, Cal.Veh.Code §§ 23157 (West 1985) and 23157.5 (Supp. 1985), are assimilated pursuant to the As-similative Crimes Act in a federal prosecution for driving while intoxicated on a federal enclave in the state of California. We conclude that they are not and affirm.

BACKGROUND

Roberts was stopped on September 14, 1985, while driving into the Long Beach Naval Station. A guard noticed an open beer can on the front seat of her car and arrested her on suspicion of drunk driving. Roberts admitted consuming three drinks. She refused to submit to a field sobriety test. She was then taken to another part of the Station, where she submitted to breathalyzer tests. She had blood alcohol readings of .18 and .20…