Understanding How Out-of-State DUI Convictions Affect Your Florida License

The Interstate Driver’s License Compact (IDLC) is an agreement between 45 states designed to share information about traffic violations and license suspensions. If you live in Florida and receive a DUI in another state that is part of the IDLC, the consequences of that violation could follow you back home. It’s important to understand how this compact works, how it impacts your driving record, and what you can do to protect your rights if you’re facing penalties.

How Does the Interstate Driver’s License Compact Work?

The IDLC facilitates the exchange of information about traffic violations, including DUIs, between participating states. Florida is not technically a member of the compact, but that doesn’t mean DUI convictions in other states won’t affect you here. Florida participates in similar agreements, such as the Driver License Agreement, which allows for reciprocal enforcement of DUI-related penalties.

Under the IDLC, when a driver commits a serious traffic violation in another state, their home state is notified. The home state can then impose penalties consistent with its laws. For example, if you are convicted of a DUI in Georgia, that conviction could trigger a suspension or other penalties under Florida law.

What Happens If You Get a DUI in Another State?

If you are a Florida resident and get arrested for DUI in another state, the consequences will likely follow you home. Here’s what typically happens:

  • Notification of Conviction: The state where the DUI occurred reports the conviction to Florida’s Department of Highway Safety and Motor Vehicles (DHSMV). This is done under agreements like the IDLC or Driver License Agreement.

  • Application of Florida Law: Florida treats the out-of-state DUI as if it occurred here. This means penalties such as license suspension, fines, or mandatory DUI school will align with Florida’s laws, even if the original state’s penalties are different.

  • Insurance Impacts: Out-of-state DUIs often lead to higher insurance rates in Florida. Your insurer will treat the conviction as if it happened locally.

How Florida Law Handles Out-of-State DUIs

Florida Statutes § 322.24 outlines how the state handles out-of-state traffic violations. Under this statute, the DHSMV has the authority to suspend your license or apply other penalties if it receives notice of a conviction in another state. This statute ensures that drivers cannot avoid consequences by crossing state lines.

For instance, if your BAC exceeded the legal limit of 0.08% in another state, Florida would treat that DUI as though it happened here. This can include license suspension periods, probation, and even ignition interlock requirements, as outlined in Florida Statutes § 316.193.

What States Are Part of the Interstate Driver’s License Compact?

Currently, 45 states participate in the IDLC. The only states not participating are Georgia, Wisconsin, Massachusetts, Michigan, and Tennessee. However, even in non-member states, Florida’s DHSMV may still learn about traffic violations through other information-sharing agreements.

This widespread participation makes it critical for drivers to understand that a DUI conviction in almost any state could lead to penalties in Florida.

Consequences of Out-of-State DUIs in Florida

Florida residents who are convicted of DUI in another state face a range of consequences, which can include the following:

License Suspension

If your license is suspended in another state due to a DUI, Florida will generally honor that suspension. You could lose your driving privileges here for the same period, and the suspension will be reflected in your Florida driving record.

DUI School

Florida may require you to complete DUI school as a condition of restoring your driving privileges, even if you’ve already completed similar requirements in the state where the DUI occurred.

Fines and Court Costs

While fines and court costs are imposed by the state where the offense occurred, you may also face additional administrative fees in Florida to reinstate your license.

Ignition Interlock Device

Florida may require the installation of an ignition interlock device if your DUI involved a high BAC or if this is not your first offense. These devices are governed under Florida Statutes § 316.1937.

Defending Against Out-of-State DUI Consequences in Florida

If you’re facing penalties in Florida due to an out-of-state DUI, there are several ways we can work to reduce or eliminate those consequences:

Challenging the Underlying DUI Conviction

If there were procedural errors, lack of evidence, or violations of your rights in the state where the DUI occurred, it may be possible to challenge the conviction itself. This can prevent Florida from taking further action against you.

Addressing Administrative Penalties

We can represent you in administrative hearings with the Florida DHSMV to challenge license suspensions or other penalties. For example, if the reporting state failed to follow proper procedures in notifying Florida, we may be able to argue against the suspension.

Mitigating Penalties

Even if the DUI conviction is upheld, we can work to reduce the penalties imposed by Florida. This might include negotiating for hardship licenses or advocating for alternative sanctions.

What You Can Do If You’re Facing Out-of-State DUI Consequences

If you’ve been convicted of DUI in another state and are now facing penalties in Florida, it’s important to act quickly. Here are some steps you can take:

  1. Request a Hearing: You have a limited time to request a hearing with the Florida DHSMV to challenge any administrative penalties.

  2. Gather Evidence: Collect any documentation related to the DUI case, including police reports, court records, and notices from the other state.

  3. Consult an Attorney: Working with a DUI lawyer who understands both Florida law and the Interstate Driver’s License Compact is critical to protecting your rights.

Interstate Driver's License Compact FAQs

What is the Interstate Driver’s License Compact?
The Interstate Driver’s License Compact is an agreement between states to share information about traffic violations, including DUIs. If you are convicted of a DUI in one state, your home state can impose penalties based on its laws. While Florida is not officially a member, it enforces similar principles through other agreements.

Will Florida suspend my license for an out-of-state DUI?
Yes, Florida will likely suspend your license if you are convicted of a DUI in another state. Under Florida Statutes § 322.24, the DHSMV has the authority to enforce suspensions and other penalties as if the offense occurred in Florida.

Can Florida impose additional penalties for an out-of-state DUI?
Florida can impose penalties such as DUI school, ignition interlock devices, and license suspension. These penalties are consistent with Florida’s DUI laws, even if they differ from the penalties in the state where the DUI occurred.

How does Florida find out about out-of-state DUIs?
Florida receives information about out-of-state DUIs through the Interstate Driver’s License Compact and other data-sharing agreements. This allows the DHSMV to enforce penalties for violations committed in other states.

What happens if I’m convicted of DUI in a state that isn’t part of the IDLC?
Even if the state where the DUI occurred isn’t a member of the IDLC, Florida can still learn about the conviction through other agreements, such as the Driver License Agreement. The DHSMV can then enforce penalties under Florida law.

Can I challenge Florida’s penalties for an out-of-state DUI?
Yes, you can challenge Florida’s penalties by requesting a hearing with the DHSMV. Common defenses include procedural errors, improper notification, or lack of jurisdiction to impose penalties.

Will my insurance rates increase after an out-of-state DUI?
Yes, an out-of-state DUI conviction will likely lead to higher insurance rates in Florida. Your insurer will treat the conviction as if it happened locally and adjust your premiums accordingly.

What if I’ve already completed DUI school in the state where I was convicted?
Florida may still require you to complete DUI school here, depending on the circumstances. It’s important to provide documentation of any completed programs to potentially reduce this requirement.

Do I need a Florida lawyer for an out-of-state DUI?
Yes. A Florida DUI lawyer can help you address the local consequences of an out-of-state DUI, including license suspensions and other penalties. They can also coordinate with out-of-state legal teams to address the underlying conviction.

Call Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.