OUT-OF-STATE DUI IN FLORIDA
Aggressively Fighting for the Best Possible Outcome
Experienced Tampa Defense Lawyers for Out-Of-State Drivers Facing DUI Charges in Florida
Intoxicated and reckless driving are treated seriously in every state across the U.S. If you’ve been arrested for an out-of-state DUI in Florida, you should seek legal assistance immediately from Buda Law‘s knowledgeable attorneys.
An out-of-state DUI in Florida can create problems in multiple states. You may face fines, driver’s license suspension, jail time, and other penalties. Securing help from a legal professional familiar with the state’s DUI laws is necessary to protect your freedom and your driving privileges. Our Tampa DUI attorneys are experienced in defending both Florida residents and out-of-state drivers. We work diligently to help clients avoid a DUI conviction.
Contact our Florida DUI attorneys today to learn more about how we can help you. Call (813) 322-2832 or contact us online to schedule your free consultation.
What Happens if You Get a DUI Out of State?
When visiting Florida, it is important to know what to do when pulled over for a DUI. You must cooperate with the officer who pulls you over. Although you may decline breathalyzer or chemical testing, doing so can result in automatic penalties. Keep in mind that anything you say to the officer can be used against you in court, so avoid incriminating yourself.
Immediately after you’re arrested for DUI, Florida can issue an administrative suspension of your license. You will face criminal charges in Florida. Furthermore, since states share driving records, you may face consequences in your home state as well.
How Does Florida Treat Out-of-State DUI Cases?
Visitors in Florida are automatically subject to Florida alcohol laws and traffic laws. This means that Florida handles out-of-state DUI cases in exactly the same way as local DUI cases. The legal blood alcohol content (BAC) limit under Florida law is 0.08%. Officers may arrest you for driving with a BAC at this level or higher, or for otherwise driving with your normal faculties impaired by alcohol or drugs.
DUI in Florida With an Out-of-State License
You do not need to have a valid Florida driver’s license to legally drive through Florida. However, under § 316.193 of the Florida Statutes, anyone in actual physical control of a motor vehicle within the state while under the influence of drugs or alcohol can be convicted of a DUI.
Following a DUI arrest, you may be required to make a court appearance. This can be especially inconvenient for out-of-state drivers. To make this process easier, you should seek legal counsel. A Tampa DUI attorney may be able to reduce your travel needs.
Does a DUI Follow You From State to State?
Yes, DUI offenses can follow you from state to state. Florida participates in multiple interstate agreements that involve the exchange of DUI information.
Interstate Agreement and DUI Reporting
States participating in the Interstate Driver’s License Compact share information about traffic violations and DUIs that occur across state lines. This means that your home state can treat a DUI in Florida as though it occurred within the state, applying license suspension and other penalties. Florida reports all traffic violations to the National Driver Register, which updates your driving record.
Non-Resident Violators Compact and DUI Cases
The Non-Resident Violators Compact guarantees that non-resident DUI offenders receive the same treatment as resident drivers. Florida communicates violations with the driver’s home state, and in turn, the home state ensures that the driver follows Florida’s requirements. If the driver does not, the home state can suspend the driver’s license and issue further penalties.
National Driver Register and DUI Records
Through the National Driver Register, states track driving record information, including incidents that occur in other states. This computerized database lists drivers whose licenses have been revoked or suspended or who have committed serious traffic violations. Conviction of a traffic offense in any state that reports to this register means your criminal history can be viewed nationally.
License Suspension After an Out-of-State DUI in Florida
Driving with an unlawful blood alcohol level in Florida automatically triggers license suspension. The legal process of reinstating your driving privileges is complicated, so it is important to seek help from a DUI lawyer in Florida.
Administrative Suspension in Florida
If you refuse a breathalyzer test in Florida or fail chemical testing, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) can immediately issue an administrative license suspension. This differs from the suspension that comes after a DUI conviction. Some drivers may qualify for a temporary driving permit, especially if they are from outside of the state. However, you should consult with a legal professional to be sure.
Can Your Home State Suspend Your License?
Any home state that participates in interstate agreements will likely honor Florida penalties and suspend your license. Even once your suspension is complete, you may be subject to certain driving restrictions.
Florida Out-of-State DUI License Reinstatement
Following a DUI conviction, you must meet the following requirements:
- Complete DUI school/programs
- Pay administrative fees, revocation reinstatement fees, and all license fees
- Obtain a form FR-44, which provides a certain level of instance coverage for bodily injury liability (BIL) and property damage liability (PDL)
- For individuals with prior convictions of DUI, install an Ignition Interlock Device on all vehicles they own and routinely operate.
The reinstatement process can be confusing, especially if you’re a non-resident. You can make things easier for yourself by seeking assistance from a Florida DUI attorney.
Hardship Reinstatement Options
A hardship license permits drivers with suspended or revoked licenses to drive for limited purposes such as work, school, or doctor’s appointments. After a first-time offense, you can obtain a hardship license following 30-90 days of license suspension. Our Tampa, FL, hardship license lawyers can help you determine if you qualify and walk you through each step of hardship reinstatement.
Penalties for Out-of-State Drivers Charged With DUI in Florida
Generally, out-of-state drivers face the following penalties for a Florida DUI conviction:
- Criminal Charges and Penalties
- Jail time or imprisonment
- Probation
- Fines
- Community service
- License suspension
- Installation of an Ignition Interlock Device
- Long-Term Consequences
- Insurance increases
- Employment concerns
- Professional licensing issues
The exact penalties depend on several factors, including whether the offender has prior convictions and whether they cause harm to property or to another person. For example, courts can require imprisonment for up to six months for a first DUI offense that didn’t involve property damage or bodily injury. A third offense within 10 years of a prior DUI, however, can result in a prison sentence of up to five years. To learn more about how Florida punishes DUIs, refer to the Florida DUI penalty chart.
The Legal Process for an Out-of-State DUI Case
As soon as you are arrested for DUI, contact a Florida attorney. Buda Law’s legal team will help you understand the legal process and protect your rights at every stage.
What To Expect After a DUI Arrest
After police complete the booking process, they may ask you to submit to chemical testing to determine your BAC level. You may refuse the test, but this triggers immediate consequences. Depending on the circumstances of your case, you may or may not be released on bail prior to your court date.
If you receive a temporary driving permit following administrative suspension, you have only 10 days to use that permit. Before the 10-day period ends, you must request a formal review hearing with the FLHSMBV. This review allows you to contest your license suspension.
Can a DUI Attorney Appear for You?
There are multiple options that can reduce the amount of time you need to spend in-person at court for an out-of-state DUI in Florida. Sometimes, resolving matters quickly with a plea agreement is the best option. Alternatively, a Tampa DUI attorney can help you explore waiver of appearance options that can allow them to appear on your behalf, so you can handle your court dates remotely.
Why Hiring a Skilled Florida DUI Attorney for Your Out-of-State Case Matters
Local lawyers understand Florida statutes and how the state handles non-resident DUIs. By working with a legal professional, you give yourself the best chance of avoiding DUI fines, jail time, and other potential consequences.
Buda Law has the local experience you’re looking for. Backed by a proven track record in DUI defense, we carefully study each case we take on. We consider the circumstances of the traffic stop, BAC testing results, and other relevant factors to identify potential weak points in the prosecution’s case. The sooner you contact our Tampa criminal defense attorneys, the sooner we can put our knowledge of Florida DUI laws and legal systems to use building a strong defense case.
Buda Law Testimonials From Out-of-State Clients
Received a DUI in Florida But Live Out of State? Contact a Tampa DUI Defense Attorney at Buda Law Today
Fast action is especially important when you’re facing criminal charges outside of your home state. Buda Law is prepared to work hard on your behalf, helping you get back home quickly while defending your freedom and driving privileges. Our free consultations allow you to get the legal advice you need without any cost or committment. Reach out today to learn more!
Contact Buda Law’s DUI defense attorneys in Tampa, FL, at (813) 322-2832 or through the online contact form available on our website.
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