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Out-of-State DUI

With four major sporting teams, the art deco Historic District, miles of pristine beaches, and superb shopping, Miami-Dade County has become an international tourist attraction. Unfortunately, many visitors do not realize they must adhere to all of Florida's laws the moment they enter the state.

Violating Florida's DUI laws could detrimentally impact a person's life, even if they live in another state or reside in another country. A DUI conviction could impose hefty fines, result in the person's driving privileges being suspended throughout the United States, and the person being imprisoned for an extended period of time.

If you were arrested for a DUI related offense but do not live in Florida, you need immediate legal assistance from an experienced Miami-Dade criminal defense attorney to help preserve your freedom and driver's license.

Miami DUI Attorney for Out-of-State Visitors

If you are not a resident of Florida and were arrested for DUI, formally known as driving under the influence, you need an experienced Miami-Dade County criminal defense attorney to help guide you through the Florida court system.

Attorney Hoffman of The Hoffman Firm has extensive experience representing clients visiting Miami, Miami Beach, South Miami Beach, Miami Lakes, Biscayne Bay, Bayfront Park, and various other tourist destinations throughout Miami-Dade County, Florida.

The Hoffman Firm has handled a wide variety of DUI-related offenses, including DUI, DUI with Controlled Substances, DUI with Prescription Drugs, and Boating Under the Influence.

To schedule your free initial consultation and have your legal matter reviewed by a proven legal professional, contact The Hoffman Firm at (305) 249-0090 or submit an online contact form.


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What is DUI in Florida?

According to Florida Statute 316.193, it is a criminal offense for a person to drive or be in physical control of a motor vehicle in the state of Florida if their normal faculties have been impaired due to the consumption of alcohol or a controlled substance.

This means, to be convicted of DUI in Florida, the prosecution must prove the following:

  • The Defendant was Driving or in Physical Control of a Motor Vehicle in Florida,
  • The Defendant's Normal Faculties were Impaired, and
  • The Defendant's Impairment was Caused by Consuming a Controlled Substance, or
  • The Defendant's Impairment was Caused by BAC of 0.08 or Above

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What is Florida's "Zero Tolerance" Law?

Under Florida's "Zero Tolerance" law, any person under the age of 21 determined to have had a BAC of 0.02 or above while they were driving or in physical control of a motor vehicle while in the state of Florida, will automatically have their license suspended for a period of six (6) months.

In addition, if a person under the age of 21 refuses to perform a chemical test that will determine their BAC, or blood alcohol concentration, his or her driver's license will automatically be suspended for a period of twelve (12) months.

Florida's "zero tolerance" law applies to any person under the age of 21 that is operating a motor vehicle on Florida roadways, regardless of which state or country they are a citizen of.


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Penalties for Non-Resident DUIs in Florida

Even people simply visiting the state of Florida are expected to adhere to the rules, guidelines, and laws of the state, including those pertaining to driving while intoxicated (DUI).

Violating Florida's DUI laws could result in the following consequences for a first time DUI conviction, which may have to be completed in its entirety while in Florida:

  • $500 - $1000 Fine,
  • Up to six (6) Months in Jail,
  • Driver's License Suspended for 6 – 12 Months,
  • Car Impounded for up to 10 Days,
  • Ignition Interlock Device Installed on All Vehicles Owned,
  • Community Service, and
  • Substance Abuse Treatment Program

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Reducing Florida Court Appearances for Non-Residents

The costs associated with a DUI offense can create a substantial financial burden. Unfortunately, when the defendant lives in a different state, those financial burdens are quickly multiplied by traveling expenses, lodging, and missing multiple days of work to make your court dates.

However, a knowledgeable Miami criminal defense attorney would be prepared with strategies available in Miami-Dade County that could make the burden a little lighter for an out-of-state defendant. Some of these tactics include:

  • Diligently Attempting to Have Case Dismissed Prior to Trial,
  • Pleading to a Less Severe Offense with Deferred Adjudication,
  • Pre-Trial Diversion Program for First-Time Offenders,
  • Plea in Absentia,
  • Probation by Mail, and
  • Transferring Probation, Community Service, and other Penalties to Defendant's Home State

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Florida and the Interstate Driver's License Compact

A typical misconception is that a driving-related offense that occurs in State A will not affect the person's driving privileges if they live in State B. However, that could not be further from the truth. Any driving related offense that occurs while a person is in Florida, including DUI, will negatively impact their driving privileges back home if they do not resolve their legal matter.

The Driver's License Compact has enabled the 46 states in agreement, including Florida, to exchange information regarding traffic infractions committed by an out-of-state driver, and to inform other states of a driver having his or her driver's license suspended by another state.

After disseminating the information related to your DUI charge, the state in which you reside will then apply its own DUI penalties, such as suspending your driving privileges. However, hope is not lost. An experienced Miami-Dade criminal defense attorney could help you dispute the charges and protect your privilege to drive.

If you have been arrested for DUI in Miami-Dade County, Florida, but you live in another state, contact The Hoffman Firm at The Hoffman Firm or submit an online contact form so we can begin defending both your freedom and driving privileges.


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Florida DUI Resources for Non-Residents

NHTSA – Nation Driver Register (NDR) – Visit this website to learn more about the National Driver Register powered by the National Highway Traffic Safety Administration to identify individuals whose driving privileges have been revoked, suspended, canceled, or who have been convicted of a serious traffic-related offense.

National Driver License Compact – Visit this website to acquire more information concerning the United States driver license compact and how it enables states to exchange information regarding license suspension and traffic violations of motorists.


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Miami-Dade DUI Attorney for Non-Residents

If you were visiting Florida and were arrested for driving under the influence, commonly referred to as "DUI", you need an experienced Miami-Dade County criminal defense attorney to help guide you through the criminal courts of Florida.

Attorney Hoffman of The Hoffman Firm has extensive experience representing clients visiting Miami, Miami Beach, South Miami Beach, Miami Lakes, Biscayne Bay, Bayfront Park, and various other tourist destinations throughout Miami-Dade County, Florida.

The Hoffman Firm has successfully litigated a myriad of DUI related offenses, including, but not limited to, First DUI , Second DUI, DUI refusal, and more.

Contact The Hoffman Firm at (305) 249-0090 or submit an online contact form to schedule your free initial consultation so we can begin defending your rights.


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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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If you received any kind of traffic violation in the Miami area call The Hoffman Firm today.

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