What Florida Drivers Need to Know About Out-of-State DUI Convictions

Facing a DUI charge is already a stressful situation, but when it happens outside of Florida, you might be wondering how it will affect your Florida driver’s license. Many people assume that because the offense happened in another state, it won’t impact their license back home. However, that’s far from the truth. If you’re a Florida resident and get a DUI in another state, there can be significant consequences on your driving privileges in Florida.

Florida’s Participation in the Interstate Driver’s License Compact

One of the key reasons why an out-of-state DUI can affect your Florida driver’s license is because of the Interstate Driver’s License Compact (IDLC). Florida, along with most other states, is part of this agreement. The IDLC allows states to share information about traffic violations, including DUIs. This means that if you’re convicted of a DUI in another state, that information will make its way back to Florida.

Under Florida Statute § 322.27, the Department of Highway Safety and Motor Vehicles (DHSMV) can take action against your Florida driver’s license based on out-of-state traffic offenses. This statute is what allows Florida to treat your out-of-state DUI as though it occurred here.

License Suspension for Out-of-State DUIs

If you’re convicted of DUI in another state, Florida will typically impose the same penalties as if the offense had occurred within its borders. This means that your Florida driver’s license could be suspended. The length of the suspension will depend on whether it’s your first DUI offense or if you have prior DUIs on your record.

  • First DUI Offense:
    A conviction for a first DUI, even if it happens outside of Florida, typically results in a six-month driver’s license suspension.

  • Second DUI Offense:
    If this is your second DUI offense (whether the first was in Florida or another state), you could face a license suspension of up to one year.

  • Third DUI Offense or More:
    For those with multiple DUI convictions, an out-of-state DUI can result in even more severe penalties, including a potential suspension of up to five years.

Additional Penalties Beyond License Suspension

It’s important to understand that the consequences of an out-of-state DUI don’t stop at license suspension. Florida may also impose other penalties, especially if you have prior DUI convictions.

  • Ignition Interlock Device (IID):
    Florida law may require you to install an ignition interlock device (IID) after an out-of-state DUI conviction. This device prevents your vehicle from starting if alcohol is detected on your breath. The IID requirement could last for six months or longer, depending on your previous DUI record.

  • DUI School:
    Florida residents convicted of DUI, even in another state, are often required to complete DUI school. This educational program is designed to prevent future offenses and can be a mandatory part of the reinstatement process for your driver’s license.

  • Substance Abuse Evaluation and Treatment:
    In some cases, Florida may also require a substance abuse evaluation and treatment as part of the conditions to restore your driving privileges.

Reporting and Administrative Hearings

When Florida is notified of your out-of-state DUI, the DHSMV will send you a notice of suspension. You will then have a limited window of time to request a formal or informal review hearing to challenge the suspension. Under Florida Statute § 322.2615, you have just ten days from the date of your notice to request this hearing.

At the hearing, you and your attorney can present evidence to challenge the suspension. While the process is similar to that of a Florida DUI administrative hearing, the fact that the offense occurred out-of-state adds a layer of complexity. You’ll need to work with a DUI attorney who understands how to defend your Florida license, even when the DUI charge originated in another state.

Defending Against the Suspension of Your Florida License

A DUI defense attorney can help you fight the suspension of your Florida driver’s license, even after an out-of-state DUI. Several legal strategies can be used, depending on the circumstances of your case. Here are a few key approaches we might consider:

  • Challenging the Out-of-State Conviction:
    If there were problems with how the out-of-state DUI case was handled—such as illegal stops, faulty breath tests, or procedural errors—we may be able to use that to challenge the suspension of your Florida license.

  • Arguing Against License Suspension:
    In some cases, we can argue that Florida should not impose a license suspension based on the facts of the out-of-state DUI. This is especially relevant if the offense would not meet the criteria for a DUI in Florida.

  • Fighting for a Hardship License:
    If your Florida license is suspended because of an out-of-state DUI, we can help you apply for a hardship license. This would allow you to drive for essential purposes like work, school, or medical appointments, even during your suspension.

The Ramifications of Ignoring an Out-of-State DUI

One mistake that many people make is assuming that they can ignore an out-of-state DUI, especially if they don’t plan on returning to that state. However, if you fail to resolve the DUI in the state where it occurred, Florida can and likely will still suspend your license. Once the other state reports the conviction to Florida, the DHSMV can take action, regardless of whether you’ve paid fines or completed requirements in the other state.

Additionally, ignoring an out-of-state DUI can lead to further legal trouble in both states. If you’re caught driving in Florida while your license is suspended due to an out-of-state DUI, you could face charges for Driving While License Suspended (DWLS) under Florida Statute § 322.34. This could lead to additional fines, extended suspensions, and even jail time.

How to Protect Your Florida License After an Out-of-State DUI

If you’ve been charged with a DUI in another state, it’s critical that you take steps to protect your Florida driver’s license. Here are a few key actions to consider:

  • Hire an Attorney in Both States:
    You’ll likely need legal representation in the state where the DUI occurred to handle the charges and penalties there. At the same time, you’ll want a Florida DUI defense attorney who can help you protect your license back home. Both attorneys can work together to create a defense strategy that addresses your unique situation.

  • Address the DUI Promptly:
    Ignoring an out-of-state DUI will only make matters worse. Even if you don’t plan on returning to the state where the DUI happened, Florida will still enforce the penalties. By handling the case proactively, you can avoid additional penalties in Florida.

  • Request a DHSMV Hearing:
    As soon as you receive notice from the DHSMV about your license suspension, it’s important to request a hearing. This is your opportunity to challenge the suspension and potentially keep your license.

Final Thoughts

Getting a DUI in another state can have serious consequences for your Florida driver’s license. From license suspension to additional penalties like DUI school or ignition interlock devices, Florida will treat the out-of-state conviction as if it happened here. That’s why it’s critical to take the matter seriously and work with an experienced DUI attorney who understands both Florida law and the implications of out-of-state DUIs.

Out-of-State DUI FAQs

Can Florida suspend my license for a DUI that happened in another state?
Yes, Florida can suspend your driver’s license for a DUI that occurred in another state. Florida participates in the Interstate Driver’s License Compact, which allows states to share information about traffic offenses, including DUIs. Once Florida receives notice of your out-of-state DUI conviction, the Department of Highway Safety and Motor Vehicles (DHSMV) can suspend your license as if the offense occurred in Florida.

What penalties will Florida impose for an out-of-state DUI?
Florida will impose similar penalties for an out-of-state DUI as it would for a DUI within the state. This could include a license suspension, fines, DUI school, and possibly the installation of an ignition interlock device. The specific penalties depend on your prior DUI history and the circumstances of the case.

Do I need to hire a Florida attorney if my DUI happened in another state?
While you’ll need an attorney in the state where the DUI occurred, it’s also important to work with a Florida DUI defense attorney to protect your Florida driver’s license. A Florida attorney can help you challenge any license suspension, apply for a hardship license, or address other consequences related to your Florida driving privileges.

Can I get a hardship license if my Florida driver’s license is suspended for an out-of-state DUI?
Yes, you may be eligible for a hardship license if your Florida driver’s license is suspended due to an out-of-state DUI. A hardship license allows you to drive for essential purposes, such as work or medical appointments. Your Florida DUI defense attorney can help you apply for a hardship license and guide you through the process.

What happens if I ignore the out-of-state DUI?
Ignoring an out-of-state DUI can lead to further penalties, including the suspension of your Florida driver’s license. Florida will enforce the suspension once it receives notice of your out-of-state conviction. Additionally, if you’re caught driving in Florida while your license is suspended due to an out-of-state DUI, you could face serious consequences, including charges for Driving While License Suspended (DWLS), fines, additional license suspensions, and even jail time. It's crucial to resolve the out-of-state DUI to avoid these complications.

How long will my Florida license be suspended for an out-of-state DUI?
The length of your suspension depends on whether it's your first DUI or if you have prior convictions. A first-time DUI conviction typically results in a six-month suspension, while a second offense can lead to a one-year suspension. If you have multiple DUI offenses, the suspension could be even longer, up to five years in some cases.

Can I challenge a Florida license suspension from an out-of-state DUI?
Yes, you can challenge the suspension of your Florida license through a formal or informal hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). You have ten days from the date of your suspension notice to request a hearing. A Florida DUI defense attorney can help you present evidence and arguments to challenge the suspension and potentially retain your driving privileges.

Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation

If you’ve been charged with a DUI in another state and are concerned about your Florida driver’s license, don’t wait to take action. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Our experienced criminal defense attorneys are dedicated to defending people charged with DUI and other offenses in Florida. We serve all 67 counties in Florida and are available to help you protect your driving privileges.