An out of state driver arrested for DUI in Florida faces a Florida case. It is prosecuted in the county where the arrest happened, the 10 day license deadline still applies, and a Florida suspension can be reported to the driver's home state.
The case stays in the county of arrest
A DUI case is prosecuted in the county where the arrest happened, not where the driver lives. A visitor arrested in Brevard County, for example, has a case in Brevard County that continues after the visitor returns home.
That distance shapes most of the practical questions in the case, from court dates to communication with a lawyer, and it is the reason many visitors want to know how much of the process can happen without them.
The license deadline applies to visitors
The administrative side of a Florida DUI applies to drivers from other states too. It is handled by DHSMV, and the 10 day window to request a formal review hearing runs from the arrest regardless of where the driver lives. If no request is made, the suspension takes effect.
A Florida suspension affects the privilege to drive in Florida, and it can be reported to the driver's home state. What the home state does with that report depends on its own laws, which is a question for someone familiar with that state's rules.
Handling a Florida case from another state
Many visitors worry about traveling back for every hearing. In many misdemeanor DUI cases, a lawyer can file a written plea of not guilty at arraignment so the client does not have to attend, and can appear for the client at pretrial hearings. Florida Rule of Criminal Procedure 3.180 governs when presence is required.
Much of the work in discovery, such as reviewing reports, breath records and video, and taking depositions, is carried out by the lawyers. Those depositions are narrower in misdemeanor cases, including most DUIs, where the defense generally has to show good cause first. Some stages, such as a trial, may require the person to be present, which is worth planning for.
Points that commonly matter early on
A few details tend to matter early in an out of state case: the exact date of the arrest because of the 10 day window, the paperwork received at release, and the county where the case is filed. Release conditions may also include requirements about court appearances or travel that apply after leaving Florida.
Questions about a home state license, employment or insurance may need advice from professionals in that state. DUI Lawyers Shield Firm can address the Florida case itself in a free case review.
Keep reading
- DUI With Drugs in Florida: When Prescription Medication Becomes a Charge
- Florida DUI Checkpoints: Your Rights and What Officers Actually Look For
- What to Say (and Not Say) After a Florida DUI Arrest
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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