It’s estimated that there are approximately 135.02 million visitors to Florida each year. When you take a trip to the Sunshine State, you likely imagine many things: beach trips, nights out on the town, and amusement parks. However, what you likely don’t picture is getting a DUI charge. Unfortunately, this is more common than you’d think with Florida tourists. Many visitors drink while they visit the state and all it takes is one unlucky encounter to get a DUI in Florida.
So how exactly do out-of-state DUI charges work in Florida? And is there anything you can do to stop them? In this guide, we’ll answer these questions so you can deal with this stressful situation as soon as possible.
Can a Florida DUI Charge Follow You Home?
Many drivers have the unfounded hope that because their vacation DUI charges occurred in another state, they will stay in that state.
Unfortunately, that’s just not the case. Depending on the state you live in there are a variety of ways that Florida traffic police can relay your record and charges back home. Specifically, this is due to things like:
- Non-resident Violator Compact of 1997
- Driver License Compact
- The National Driver Register
These interstate agreements can get confusing quickly. However, all you need to know is that once you get charged with a DUI one way or another, it will make its way back to your home state’s Department of Motor Vehicles.
What Are the Consequences of DUI in Florida?
As Florida DUI laws note, the out-of-state DUI consequences for even first-case impaired driving can be quite strict. For starters, if convicted, you will have your license suspended for at least one hundred eighty days.
You will face fines that range between $500 to $5,000, as well as mandatory driver education. In addition, you also need to worry about:
- Out-of-pocket expenses from court fees or traveling
- Jail time
- Community service
- Ignition interlock device
- Probation
Additionally, a DUI conviction will remain on your permanent record for up to seventy-five years. Because of this, you must do everything in your power to fight the DUI charge in Florida.
What Should You Do During the Arrest?
When you’re stopped by an officer after drinking and driving, you should make sure to be calm and respectful. You must provide them with documents like your license, insurance, and registration.
That being said, once they start asking questions like where you were, or whether you’ve been drinking, we encourage you to remain silent. It’s your right to do so.
And keeping quiet during this point of the arrest can help ensure you don’t say anything incriminating. After refusing to speak, the officer will likely ask for a breathalyzer. Now comes the big question: should you take a breathalyzer if you know you’ve been drinking?
Refusing a breathalyzer in Florida can have some big consequences. Specifically, it results in automatic license suspension. As such, we generally recommend that you take the sobriety test.
Even if things are bad (you blow over a .16%) the consequences are still comparable to refusing to blow the test in the first place.
And, as we’ll see, breathalyzer evidence isn’t always reliable. So if it’s done incorrectly, there’s a chance you might be able to get your case dropped.
How Can You Stop DUI Charges?
There are a variety of DUI defense strategies you can use in Florida. You might argue that the results of the breathalyzer aren’t accurate. Breathalyzers frequently give incorrect readings, so this is a popular route to go.
You might also challenge the validity of other field sobriety tests that were issued. Another strategy is to challenge whether or not the traffic stop was even legal in the first place.
Regardless of the strategy you use, you’re going to need a DUI lawyer. These professionals know all the ins and outs of getting certain types of evidence dismissed. If you try to represent yourself, you’ll almost surely fail at avoiding DUI penalties.
How to Navigate the Court Process When You Live Out-of-State
One of the biggest hassles of an out-of-state DUI trial is that they take place in the state and county where the arrest occurred. That means that you’ll likely need to travel back to the state to navigate the court process.
This isn’t always necessary. Sometimes, attendance might not be mandatory. However, it usually looks a lot better if you attend.
This doesn’t always mean flying out there. Often, you’ll be given the option to attend via Zoom or a similar web conference.
How to Pick the Right DUI Attorney
As you can see, hiring an attorney for your DUI case is all but essential when you live out of state. Unfortunately, not all of them are created equally. Some might not have enough experience or skill to win the case.
Others might not be responsive enough to deal with an out-of-state client. That’s why you need to know what to look for when choosing a DUI attorney. For starters, make sure they specialize in impaired driving cases.
Ideally, they’ll also have some experience working with out-of-state drivers. They should also be able to meet remotely. This is especially important because you can’t fly down to Florida every time you want a consultation with your legal team.
Make sure you also clarify fee structures. A legitimate lawyer will have no problem being upfront about how they’re charging you. Lastly, just go with your gut.
This professional will mean the difference between a lenient sentence and serious consequences.
You’ll also need to be vulnerable around them about a potentially embarrassing event. So if at any time you feel like they’re not a good fit, don’t be afraid to try someone else.
Need Help With Your Florida DUI? Contact RHINO Lawyers
We hope this guide helped you learn more about how visitors can avoid a DUI in Florida. Here at RHINO Lawyers, we know that dealing with a DUI charge is already stressful.
Unfortunately, it becomes even more complicated when you’re an out-of-state visitor. You need a remote law team that’s not afraid to use tech to be in constant communication with their clients.
At RHINO Lawyers, we’re here to answer questions whether it’s through social media or Facetime. So if you’re ready for the legal defense team you need, get in touch 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.
