In 2023, Florida welcomed a record-breaking 140.6 million visitors, with continued growth into 2024. Millions of people visit the Sunshine State each year to revel in the state’s variety of recreation. From pristine beaches to adventurous theme parks, there’s something nearly everyone can enjoy.
Unfortunately, some visitors may not be familiar with the state’s laws and can find themselves in unexpected situations best resolved by a knowledgeable attorney. When visiting Florida, non-residents may face specific legal situations if charged with a DUI while on vacation. A DUI arrest in Florida is just one example of a criminal offense that could follow a visitor to another state or country. If you’re from out-of-state and face a DUI charge, it’s important to understand Florida’s strict DUI laws and potential penalties.
Understanding Florida DUI Law
Florida’s DUI law, governed by Florida Statute 316.193, makes it a criminal offense to drive or be in physical control of a motor vehicle while under the influence of alcohol or a controlled substance. To secure a DUI conviction, the prosecution must prove that the defendant was operating a vehicle, their normal faculties were impaired, and the impairment was due to alcohol or a controlled substance.
Additionally, Florida enforces a “Zero Tolerance” law, which automatically suspends the license of any driver under 21 with a BAC of 0.02 or above. Understanding these laws is crucial for anyone facing a DUI charge, as the penalties can be severe and long-lasting.
Why You Should Work With a DUI Lawyer for Out-of-Town Visitors
Those who are traveling to Florida should consider working with an attorney who knows how to mitigate the impact of a DUI for out-of-state visitors. Violating Florida’s DUI laws can lead to serious consequences, especially for non-residents, including hefty fines, suspension of driving privileges, and potential imprisonment.
A DUI can become a significant financial burden on those who do not live near where they were charged. Travelers may need to travel frequently to and from West Palm Beach and the surrounding areas to appear in court and resolve legal issues. An attorney may take measures to reduce the number of court appearances.
Penalties for Out-of-State DUI in Florida
Visitors traveling to Florida should know the potential penalties that can result from a DUI conviction. These include, but are not limited to, the following:
- A fine of up to $1,000 and court fees
- A sentence of up to 6 months in jail and/or
- Up to six months of probation
- A driver’s license suspension for 6-12 months
- Community service
- DUI or substance abuse treatment program
Interstate Driver License Compact for Traffic Violations
Florida is a member of two interstate agreements: the Driver License Compact (DLC) and the Non-Resident Violators Compact (NRVC). These agreements form a system of information in which the participating states exchange information about traffic infractions and coordinate the enforcement of associated penalties.
The National Driver Register (NDR) plays a crucial role in tracking individuals with revoked or suspended driving privileges due to serious traffic offenses. It facilitates communication between states regarding driving records, particularly in relation to the Driver License Compact, which allows states to share information about traffic violations and enforce penalties across state lines.
States that have joined these agreements have agreed to mutually enforce penalties such as license suspensions. Per these agreements, if you get a DUI in Florida and live in Alabama, State of Florida authorities will relay the information to your home state, which means you might face penalties upon returning home.
Navigating the Court Process for Out-of-State DUI Cases
Facing a DUI charge in Florida as an out-of-state driver can be daunting, but with the right guidance, you can navigate the court process effectively. A Florida-based attorney with focused knowledge of DUI cases can be invaluable, helping you understand Florida’s DUI laws and local court procedures. They can also work to minimize the stress and inconvenience of an out-of-state DUI case.
Non-Florida defendants have the option to waive their right to appear in court. By resolving the case through a plea agreement, they can avoid multiple court appearances. This approach can significantly reduce the burden of dealing with a DUI charge while living outside Florida.
Driver’s License Suspension and Hardship Licenses
A DUI conviction in Florida can lead to the suspension of your driver’s license, which can be particularly challenging for out-of-state drivers. Florida participates in the Driver License Compact (DLC) and the Non-Resident Violators Compact (NRVC), allowing states to share information about traffic infractions and enforce penalties.
If you receive a DUI in Florida, your home state may suspend your driver’s license, and you could face additional penalties upon returning home. However, a Florida DUI attorney can help you contest the charges and protect your driving privileges. In some cases, you may be eligible for a hardship license, which permits you to drive for essential purposes like work or school.
International Visitors and DUI Charges
International visitors charged with a DUI in Florida face unique challenges that domestic drivers may not encounter. A DUI conviction can lead to license suspension, which might hinder an international visitor’s ability to return home. Additionally, international visitors may face fines, incarceration, and other sanctions associated with a DUI conviction in Florida. Legal assistance from a Florida defense attorney is crucial in these situations.
A knowledgeable attorney can help international visitors navigate the complexities of Florida’s DUI laws and work to minimize the impact on their lives, ensuring they can address the charges effectively and return home without undue delay.
Your Options for Resolving an Out-of-State DUI
As a non-resident of Florida, you might have an attorney you regularly depend on for legal advice in your home state or country. It might be prudent to ask this attorney how a Florida DUI could impact your out-of-state or foreign driver’s license, professional license, job status, and any other aspects of your life. It is possible that a Florida DUI will impact these areas.
Additionally, a Florida license suspension is a common consequence following a DUI conviction, and understanding the implications and available options for maintaining your driving privileges is crucial. The Florida DUI lawyer you engage should work tirelessly to seek the dismissal of your charge.
A West Palm Beach DUI attorney may take the following actions to lighten the burden of a Florida DUI charge:
- Fighting to have your case dismissed before trial
- Pleading to a less severe offense with deferred adjudication
- Helping you enter a pretrial diversion program if you are a first-time offender
- Probation by mail
- Transferring probation, community service, and other potential penalties to be conducted in your home state
If you’ve been arrested for a DUI in Florida, it’s essential to act quickly to protect your rights and minimize the consequences. First, seek the assistance of a local criminal defense attorney experienced in handling DUI cases. They can help you understand the implications of a DUI charge and guide you through the court process.
Be prepared to face potential consequences such as license suspension, fines, and community service. Don’t let a Florida DUI go unresolved simply because you do not live in the state. A dedicated Florida DUI attorney can work tirelessly to seek the dismissal of your charge and protect your driving privileges, allowing you to move forward with your life.
West Palm Beach DUI Lawyer for Out-of-Town Visitors
If you’ve been arrested for a DUI while visiting West Palm Beach or the surrounding areas, it’s critical to work with a lawyer who understands the intricacies of Florida DUI law. Criminal Defense Attorney Brian Gabriel has been defending DUI cases for over 30 years, and he knows how to help non-residents mitigate the consequences of an arrest far from home. He will handle your case using all the knowledge and skills developed over the span of his career. Traveling back and forth to deal with a Florida DUI can be a significant burden, but Criminal Defense Attorney Brian Gabriel can handle much of the process for you.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.