DUI is one of the most serious crimes you could be charged with while operating a vehicle. Whether you are in Florida or Washington, the legal BAC limit across the country is 0.08%. In all 50 states, DUI is also considered a misdemeanor offense; however, the penalties for DUI vary from state to state. If you are convicted for a DUI in one state but live in another state, chances are good that your first DUI is considered if you are arrested a second time for DUI in your home state.
Driver License Compact
Almost all 50 states participate in the Driver License Compact. This is an interstate compact that is used by the individual states to communicate information regarding license suspensions and traffic violations of non-residents. This information is sent to the states where the visitors are licensed to drive, or their “home states.” This compact seeks to maintain a single driving record for every driver, and to treat offenses as if they had been committed at home. It also allows states to punish the driver separately for a single DUI conviction.
Only five states do not participate in the Driver License Compact: Massachusetts, Michigan, Georgia, Wisconsin, and Tennessee. For all other states and the District of Columbia, a vehicular offense such as DUI affects your driving record exactly as if you had committed the offense in your home state.
Does My DUI Transfer from State to State?
The short answer to this is “yes.” Based on the above information, if you have been convicted of a DUI in a state that is part of the Driver License Compact but you live in Florida and hold a Florida Driver’s License, you will face penalties of the state in which you received your DUI and your home state of Florida will be notified via the National Driver Register. This is a large national database to which all members of the DLC report the traffic violations of non-residents as part of their agreement. You may even face additional Driver’s License penalties once you return to Florida. Therefore, on your second offense (but first in the state of Florida), the previous DUI will factor into the consequences of your second DUI. It makes no difference that it is your first DUI in the state of Florida as you already have a DUI on your record.
Second offense DUIs carry harsh penalties in the state of Florida. An aggressive Palm Beach County, Florida DUI attorney is able to defend your case to try to prevent a license suspension or being subject to double penalties. Call Attorney Brian Gabriel at The Law Office of Gabriel and Gabriel for a free consultation today at (561) 622-5575 or complete a contact form.