How Does the State of Florida Handle DUI Charges for Those Who Live in Other States?
It’s estimated that every day roughly thirty-seven people die from drunk driving accidents. This alarming statistic helps explain why state laws can be so hard on convicted drunk drivers.
Typically, DUI charges are fairly straightforward. However, there are some gray areas. One example is if you’re arrested for DUI in a state other than your home state.
If this occurred in Florida, you likely want to know how the Sunshine State handles DUI charges for those who live in other states. That’s why we made this guide. In it, we’ll break down everything you need to know about out-of-state DUI charges in the state of Florida.
What Constitutes a DUI in Florida?
In Florida, you can’t drive with a blood alcohol content of over .08%. However, it’s important to note that this limit only applies if you’re over the age of twenty-one.
If you’re below the age of twenty-one, then the limit is much smaller (.02%). If your BAC is less than .02% and you’re under the age of twenty-one, you likely won’t face many serious fines, besides some license suspensions and alcohol education programs.
Also, keep in mind that there might be additional DUI penalties for driving with a child in the car.
How Does Florida Handle Out-of-State DUI Charges?
Many people make the mistake of thinking that if you get a DUI in another state it won’t affect your driving record in your home state. Sadly, this isn’t true.
Like many states, Florida uses interstate compacts to treat any DUI like it occurred in your home state. The first of these compacts is the Non-Resident Violators Compact (aka NRVC).
This compact allows the free flow of information between different state traffic agencies. That means that if you get a DUI charge or any other traffic violations, the police will inform your home state’s DMV.
From there the DMV will take appropriate actions like suspending your license or other penalties. The other agreement that Florida uses to prosecute out-of-state DUIs is the Driver License Compact (aka DLC).
The DLC is quite similar to the NRVC. It requires any sanctions that happen in the state of Florida to be upheld in states that participate in the agreement.
Indeed, some states aren’t members of one of these agreements. For example, the following states don’t take part in the NRVC:
- Montana
- Alaska
- Michigan
- California
- Oregon
- Virginia
- Wisconsin
Similarly, Georgia, Tennessee, Massachusetts, Michigan, and Wisconsin don’t take part in the DLC. That being said, if you live in Wisconsin or Michigan, don’t think you’re off the hook.
The National Driver Register is a database that makes all police records shareable regardless of the state. So if you’re arrested in your home state, they’ll still see that you have a DUI.
Consequences of a DUI
One of the most common consequences of a DUI is the fines associated with it. The specific amount associated with the DUI will depend on circumstances like how many past DUIs you’ve had, how drunk you were, and the context of the charge.
On top of these expensive court fees, out-of-state DUI offenders will also need to worry about travel expenses. Often you’ll need to appear in the local Florida courts where you were charged.
That means that multiple court appearances can get quite expensive, especially if you need to fly. If you’ve had multiple DUIs, you likely could face jail time as well.
Another common consequence of DUI is a suspension of your driver’s license. In some cases, you might need to seek substance use treatment programs.
What Should You Do If Arrested for DUI?
If you’re charged with a DUI, you’ll likely be arrested. If this happens, you must invoke your constitutional right to remain silent. This will prevent you from saying something potentially incriminating.
In many cases, if you act respectfully, refuse a sobriety test, and remain silent, the officer might have a challenging time pinning a DUI charge on you. If you are taken to jail, you’ll most likely be allowed to post bail.
If you can’t afford bail, you can hire a bondsman to help you. Once you get out, one of the first things you should do is contact an attorney who focuses on DUI law.
This is especially important if you were arrested while visiting from out of state. DUI law can already be complicated, but it gets even more confusing when you reside in another state.
A professional can advise you on whether or not you’ll have a chance of beating the charge. If it’s not looking good, they’ll give you strategies to minimize any penalties that might come with the charge.
What to Look for In a Criminal Defense Attorney
As we mentioned in the last section, a DUI defense lawyer is an essential part of making this out-of-state process easier. First, we recommend hiring a local one in the city you were arrested.
For example, if you were arrested in Tampa, you should hire a Tampa lawyer. Once you have a few good options, schedule a consultation with them.
Ideally, if you reside out of state at this time, they’ll be able to meet with you virtually. During your consultation, you should make sure to ask these five questions.
These will give you a much better idea of whether or not the legal professional is the right fit for you. Once you find the right lawyer they’ll advise you on the next steps for your specific case.
DUI Charges in Florida? Get the Help you Need
We hope this guide helped you learn more about what happens when you’re arrested for DUI while being an out-of-state visitor. Here at RHINO Lawyers, we have plenty of experience with all types of DUI cases.
That means we can bring strategies that minimize your penalties or even get you off of the charge entirely. What’s more, we utilize a variety of modern-day communications to ensure that we can answer any questions you might have at any time.
So if you’re ready for the representation you deserve, schedule your free consultation with us today.
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RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
