It's very common for out-of-state residents to be arrested for DUI in Florida. My offices are located in some of the biggest tourist destinations and drinking cities in Florida: Sarasota and Key West. This means that a lot of my clients are on vacation when arrested for DUI in Florida, and those cases have to be handled once they have returned to their state of residence.
How Often Does Someone Have To Appear In Court If They Live Out Of State For A DUI Case?
Florida recognizes its heavy dependence on the tourist industry, and as a result, the legislature has tried to permit these cases to be handled without an onerous requirement of returning to the state of Florida for every court appearance. For most court appearances, the defendant does not have to be present as long as they have waived their right to appear in court for their pretrial conferences and trial preparation. In fact, it is often the case that we can resolve a DUI case if we can work out a plea agreement called a “plea in absentia,” which allows the defendant to fill out paperwork and get their fingerprints taken in their home state.
How Will A Florida DUI Charge And Conviction Impact My Driver's License In My Home State?
The way in which a Florida DUI charge and conviction will impact a driver's license from another state will depend entirely on the state in question. Florida does not have the authority to suspend the driver's license or driving privileges that have been granted in any state that is not Florida. For example, the state of Florida would not be allowed to suspend someone's Ohio driver's license. This means that most non-residents of Florida who receive a DUI in Florida can return to their home state and get a duplicate license to drive within that state, and the administrative suspension from Florida would not affect them. However, most states will suspend a person's license if they have a court suspension out of state. With that said, some states completely disregard all out-of-state suspensions. Since the law varies so greatly from state to state, it is well-advised for a person to seek the advice of a DUI attorney in their home state, in addition to the Florida attorney hired for the criminal defense.
Will My Home State Automatically Find Out If I'm Charged With DUI?
A person's home state will not automatically be notified of a DUI received in another state, but there is a central database called the National Driver Register, which is used by various states to keep track of who is suspended in what state. This is not something that states constantly check, but if someone's out-of-state driver's license expires while they're under suspension in Florida, then their home state might look it up in the process of renewing the out-of-state driver's license. If the home state does learn of a suspended license in Florida, then they might refuse to issue a new license; this will depend on the state in question.
Should I Hire A Florida DUI Attorney To Handle My Case If I Live Out Of State?
If a person can afford it, they should have a DUI attorney both in Florida and in their home state, but between the two, having a DUI attorney in the state where the offense was charged is much more important. It is impossible for a lawyer from one state to learn the subtleties of DUI defense in a different state, and I personally would not dream of going into another state and advising a client on how they should handle their DUI case without consulting local counsel. If someone has been arrested for DUI in Florida, it is extremely important that they hire a DUI attorney who is familiar with the Florida statutes, administrative provisions, and procedures.
What Sets Your Firm Apart In Handling Different Types Of DUI Cases In Florida?
There is no one in the state of Florida who knows DUI defense better than I do. While that statement might seem egotistical, it is true—not because I am smarter than all other lawyers in Florida, but because I spend more time and effort on DUI cases than any other lawyer in Florida. I teach DUI law to other private and public defenders, paralegals, and police officers, and I'm on the faculty of the National College for DUI Defense. Every summer, I teach at the NCDD Summer Session at Harvard Law School where leading DUI lawyers from all over the country gather and explore ideas. I also conduct classes and give speeches that address specific issues within DUI defense.
There are a tremendous number of subtleties in the law that no one could keep up with unless they strictly limit their practice to DUI defense. My particular training not only involves the legal aspects of DUI cases, but also the forensic aspects of these cases. For example, I am trained in gas chromatography and infrared spectrometry, which are complicated techniques used by the government in trying to determine whether someone is under the influence of alcohol. In order to show a jury or judge how or why one of these techniques was carried out improperly, an extremely solid understanding of them is required. Above all else, it is this level of experience and expertise that sets me apart from other DUI lawyers, especially those who only dabble in DUI defense.
For more information on Out Of State DUI Arrests In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (786) 579-2100 today.