What Happens if a Florida Driver Is Arrested for DUI Out of State?

 Posted on May 28, 2025 in DUI

Getting arrested for a DUI in Florida while you are far from home is scary in the moment and complicated in the aftermath. For out-of-state drivers, it often means you will face consequences in Florida and your home state. 

Your best chance at fighting the charges against you is to hire an experienced Miami DUI defense attorney. These cases require a thorough understanding of Florida DUI laws and how they apply to non-residents of the state. When the stakes are high and the repercussions of a conviction are long-term, you need aggressive representation.

What Are the Penalties for Non-Residents Arrested for DUI in Florida?

Florida is part of the Interstate Driver’s Licence Compact (IDLC), which allows states to share information regarding DUI convictions and penalties, specifically license suspensions. Therefore, when a non-resident is arrested for a DUI in Florida, the potential for facing penalties in two states is high. While you may hold a license from another state, Florida law will govern your case, and your home state could take legal action against you afterward.

If convicted of a DUI in Florida, you would face the same penalties as a Florida resident. Florida law outlines the sentencing guidelines based on factors like previous offenses and your blood alcohol concentration (BAC) at the time of your arrest. Some general penalties you could face include:

• Suspended license: For non-residents, losing your ability to drive during your stay can cause significant challenges. 

• Fines and incarceration: Depending on the circumstances, DUIs can result in fines from $500 to $5,000 in Florida, and the most serious charges have mandatory jail sentencing that could result in up to five years in jail. 

• Education or treatment requirement: You could be required to participate in drug or alcohol classes or complete a treatment program for substance abuse.

• Community service: If you are convicted of a DUI misdemeanor, community service is a common penalty.

In some cases, you may be able to complete alcohol education, substance abuse treatment, and community service in your home state.

How Can You Challenge a DUI Charge for an Out-of-State Driver in Florida?

The first step in challenging a DUI charge in Florida is to hire a Florida defense attorney experienced in defending clients arrested for out-of-state DUIs. Your attorney will be with you from the arraignment, where the court will formally read your charges and allow you to enter a plea, to the resolution of your case. 

If the case goes to trial, the prosecutor must prove you are guilty beyond a reasonable doubt, typically based on evidence like field sobriety testing, chemical testing, dashcam and body camera footage, and officer observations. 

Your attorney may challenge the accuracy of field sobriety and chemical testing or argue a lack of probable cause for the traffic stop. They may be able to find violations of your constitutional rights and motion to suppress the evidence. The right defense strategy will depend on the details of your case.

Contact a Miami, FL DUI Defense Attorney for a Free Consultation Today

DUI charges are a serious matter. If convicted, the penalties can have a significant impact on your daily life and your financial status. If you were arrested in Florida while driving with an out-of-state license, you must speak with a Miami-Dade County, FL DUI defense lawyer at The Hoffman Firm today to find out how to challenge the charges. 

Remember, being charged with a DUI is not an automatic conviction. You still have the right to fight it. Aggressive representation is an asset in these cases. Call 305-249-0090 to schedule your free consultation. We are available 24/7.