I am visiting Florida and got a DUI. What happens with my home-state license?

South Florida welcomes visitors, seasonal residents and business travelers from across the country and abroad, and some of them leave with a DUI case. Two questions come first: what happens to the license from home, and does the person have to keep flying back for court? This page answers both from Florida law only. It does not describe any other state's law, because each home state decides for itself how to treat a Florida case. Mr. Mead's approach to DUI charges is on the main DUI defense page.

How does a visitor's DUI case move, step by step?

1. Driving in Florida on a home license. A nonresident at least 18 years old with a valid noncommercial license from the home state or country in immediate possession may drive in Florida without a Florida license (s. 322.04(1)(d)). FLHSMV's visitor page says the same.
2. The suspension at the arrest. At 0.08 or higher, or on a refusal, the officer suspends "the driving privilege" on behalf of FLHSMV, takes the driver license, and issues a notice of suspension and a 10-day temporary permit if the person is otherwise eligible (s. 322.2615(1)(a)). The statute does not make an exception for out-of-state licenses.
3. The 10-day window. Within 10 days the driver may request a formal or informal review, or a review of eligibility for a restricted privilege (s. 322.2615(1)(b)3.). The choices are compared in keeping your license within 10 days of a DUI arrest.
4. First appearance and bond. The arrested person sees a judge within 24 hours (Fla. R. Crim. P. 3.130), and release conditions are set; the local process is described in how bond works in Florida.
5. The criminal case. The case is heard in the Florida county where the arrest happened. In south Palm Beach County that is usually the courthouse described in what to expect at the South County Courthouse in Delray Beach.
6. The report home. If the case ends in a conviction, Florida, as a member of the Driver License Compact, reports it to the licensing authority of the home state (s. 322.44, Article III).

What does the Driver License Compact do?

The compact is a written agreement among member states, enacted in Florida as section 322.44. Florida's licensing authority "shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee" (Article III). For DUI, the home state then gives the conviction "the same effect" as if the conduct had happened in the home state (Article IV(1)(b)). For other convictions, the home state applies its own law (Article IV(2)). A state's membership, and what its own law does with a Florida report, are matters for that state.

Do I have to fly back for every court date?

Not always, but the rules are specific. If the defendant has a lawyer, the lawyer may file a written plea of not guilty at or before arraignment, and arraignment is then "deemed waived" (Fla. R. Crim. P. 3.160(a)). For misdemeanors, which include most first DUIs, the rule says defendants "may, at their own request, by leave of court, be excused from attendance at any or all of the proceedings" (Fla. R. Crim. P. 3.180(d)). The rules also allow a defendant to waive physical presence for a plea or sentencing and appear by audio-video technology, if the court accepts the waiver (Fla. R. Crim. P. 3.180(b)(2)). Arraignment in particular is covered in do I have to go to my arraignment in Florida. Missing a required appearance while on bond is a separate crime, a first-degree misdemeanor on a misdemeanor charge (s. 843.15(1)(b)).

The license review can also be handled from a distance in many cases: the statute says the hearing officer "may conduct hearings using communications technology" (s. 322.2615(6)(b)). What happens at that hearing is described in what happens at a Florida DUI formal review hearing.

What changes the answer?

• Whether you are really a visitor. FLHSMV says a person must get a Florida license within 30 days of becoming a resident, and treats someone as a resident who enrolls children in public school, registers to vote, files for a homestead exemption, accepts employment, or lives in Florida more than six consecutive months.
• Prior DUIs in any state. A previous conviction outside Florida for DUI or a similar alcohol- or drug-related offense counts as a prior under Florida's DUI statute (s. 316.193(6)), which raises the penalties listed in our Florida DUI penalties table.
• A commercial license. CDL holders face separate disqualification rules, and FLHSMV says there is no hardship license for operating a commercial motor vehicle.
• Local programs. The Palm Beach County first-time program excludes cases where the defendant "did not have valid driver's licenses at time of offense"; its terms are on our page about the Palm Beach County first-time DUI program.
• DUI school. FLHSMV limits attendance to a program serving the county where you live, work or study, and its rules provide for reciprocity with similar programs in other states (s. 322.292(2)(b)3.); see DUI school in Palm Beach and Broward County.

A worked example

For example, a hypothetical visitor from another state is arrested for a first DUI in Palm Beach County during a week-long trip, with a breath result of 0.10. The officer takes her license and gives her a 10-day permit and a notice suspending her Florida driving privilege. She returns home two days later. Through a Florida lawyer, she requests a formal review within the 10 days, and the lawyer files a written plea of not guilty so she does not have to attend arraignment. If the case later ends in a DUI conviction, Florida reports it to her home state's licensing agency, and what happens to her home license from there is a matter of her home state's law. If the case ends some other way, there is no DUI conviction to report under Article III. The example is illustrative and predicts nothing.

Common mistakes people make

• Assuming that leaving Florida ends the case; the criminal case and the suspension continue.
• Letting the 10-day deadline pass while traveling home.
• Missing a court date because of travel, which can lead to a warrant and a separate failure-to-appear charge.
• Believing a home-state license is unaffected; the Florida privilege is suspended now, and a conviction is reported home.
• Taking an out-of-state alcohol class without confirming Florida will accept it.

What to do this week

1. Find the notice of suspension and count 10 days from its date.
2. Note every court date on your paperwork, and do not miss one before a lawyer has arranged otherwise.
3. Gather your home address, license details and any prior driving history from any state.
4. Speak with a Florida lawyer about the license review and the written plea; the first days are laid out in what happens after a DUI arrest in Florida.
5. If you plan to move to Florida, tell your lawyer, since residency affects the license questions.

Frequently asked questions

Can Florida suspend a license issued by another state?

Florida acts on the privilege to drive in Florida. Section 322.2615 directs the officer to suspend "the driving privilege" and take the driver license; what the home state does with the license is governed by its own law.

Will my home state find out?

If the case ends in a conviction and your home state is a member of the compact, Florida must report it under Article III of section 322.44, with the statute violated, the court and the plea.

Can I still drive in Florida during the case?

Only as Florida law allows. The 10-day temporary permit expires at midnight on the 10th day, and after that driving in Florida depends on the outcome of the review or a restricted privilege.

I am from another country. Does the same apply?

The Florida suspension and the criminal case work the same way. The compact covers U.S. states, territories, the District of Columbia and Puerto Rico (s. 322.44, Article II), so a foreign licensing authority is not a party to it.

Do I need a Florida lawyer if I live elsewhere?

The case is in a Florida court under Florida law, and the written plea of not guilty under Rule 3.160(a) is available to a defendant represented by counsel. Spanish and Portuguese are spoken at Mr. Mead's office.

Does a Florida DUI conviction count if I get another DUI at home?

That depends on the home state's law. In Florida, the reverse is true: an out-of-state DUI conviction counts as a prior for Florida penalties.

How can Mr. Mead help?

For a visitor, the hardest parts are the deadlines and the distance. Mr. Mead handles the Florida side, including the license review and court appearances where the rules allow, and keeps clients informed while they are home. Every case is different, and no outcome can be promised. For a confidential conversation, call (561) 362-6677, 24 hours a day.

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