What Drivers Charged in Florida Need to Know About Out-of-State DUI Convictions

If you’ve been arrested for DUI in Florida and you’ve had a previous DUI in another state, one of the first questions you may have is whether that old charge can increase the penalties you face here. The short answer is: yes, an out-of-state DUI can be counted as a prior offense in Florida. However, the situation isn’t always that simple. How the court treats that prior depends on several legal factors, including whether the prior law is substantially similar to Florida’s DUI statute.

As a Florida DUI defense lawyer, I’ve handled cases across the state involving clients who had DUI convictions in places like Georgia, North Carolina, New York, and even as far as California. Some of those cases resulted in enhanced charges or mandatory minimums, but others were successfully challenged. Understanding how prior offenses are counted is critical to building an effective defense strategy, especially when facing felony DUI charges in Florida.

Let’s break down how this works under Florida law, what defenses may apply, and why hiring a private DUI defense attorney is one of the most important decisions you can make.

How Florida Defines Prior DUI Convictions

Florida Statute § 316.193 covers DUI offenses, and it also governs how prior offenses are counted for sentencing purposes.

Florida Statute § 316.193(2)(a):
“Any person who is convicted of a violation of this section, and who has been previously convicted two or more times of any offense related to driving under the influence… is guilty of a felony of the third degree.”

The law doesn’t limit those prior convictions to Florida. If you were convicted in another state of “any offense related to driving under the influence,” Florida prosecutors will often try to count that as a prior DUI for enhancement purposes.

But here’s the key issue: not all DUI laws in other states are written the same way. Florida courts have ruled that a foreign conviction must be for an offense that is “substantially similar” to Florida’s DUI statute in order to be counted.

This is where the fight begins. As your attorney, I can challenge whether the out-of-state law truly meets Florida’s standards.

Substantially Similar Laws: What That Means

The Florida Supreme Court has held that for an out-of-state DUI to be counted as a prior, the elements of the offense must match the elements of Florida’s DUI law under § 316.193. That means the other state’s statute must require proof of impairment or an unlawful blood alcohol level while operating a motor vehicle.

Some states have DUI statutes that are broader than Florida’s. For example, they may criminalize being in “actual physical control” of a vehicle while impaired, even if the car is parked. Others may include substances Florida doesn’t classify the same way. These differences can be critical in challenging whether an out-of-state conviction truly qualifies.

Real Case Example: Prior North Carolina DUI Thrown Out in Florida Court

One of my clients was arrested in Hillsborough County for DUI and was charged as a third-time offender, which would have made it a felony. The state was relying on two prior convictions—one from Florida and one from North Carolina.

I reviewed the North Carolina statute under which the client was convicted. It turned out the North Carolina law did not require proof of actual driving. It criminalized being in the vehicle while impaired, even if the keys were not in the ignition. Florida law requires proof that the person was either driving or in actual physical control with the present capability to operate the vehicle.

I filed a motion in limine to exclude the North Carolina conviction as a prior. After reviewing the motion and the statute comparison, the court agreed. The felony charge was dismissed, and the client ultimately faced only a misdemeanor with probation.

Without a private attorney doing the legal research, that enhancement would have stuck, and my client would’ve faced years in prison instead of a second chance.

Florida’s Habitual Offender Law and Out-of-State DUIs

Under Florida Statute § 322.264, a person can be labeled a “habitual traffic offender” if they accumulate three or more convictions for certain offenses, including DUI, within five years.

Florida Statute § 322.264(1)(b):
“Three or more convictions arising out of separate acts… for driving under the influence of alcohol or controlled substances…”

Out-of-state convictions can count toward this total. Being designated a habitual traffic offender leads to a 5-year driver’s license revocation under § 322.27(5).

This can happen even if the DUI didn’t occur in Florida. So it’s not just criminal penalties that are affected—your driving privileges could be at stake, too.

How Florida Prosecutors Use Out-of-State Convictions

Florida prosecutors can and often do request certified copies of DUI convictions from other states. They use the National Driver Register (NDR) and driver history records to locate prior offenses. But not every out-of-state record is clear, complete, or admissible.

As your private DUI attorney, I can challenge:

  • Whether the conviction actually occurred

  • Whether the statute meets Florida’s definition of DUI

  • Whether the record is certified and legally admissible

  • Whether proper notice of enhancement was provided

I’ve seen situations where prosecutors tried to rely on old, uncertified records or missing documents. In those cases, I filed evidentiary motions that successfully kept those priors out of court.

What Penalties Can Be Enhanced by a Prior Out-of-State DUI?

If an out-of-state DUI counts as a prior under Florida law, you may face enhanced penalties:

  • Second DUI within 5 years: Mandatory 10-day jail sentence under § 316.193(6)(b)

  • Third DUI within 10 years: Third-degree felony, up to 5 years in prison

  • Fourth DUI anytime in life: Automatically a third-degree felony, regardless of timing

  • Longer driver’s license suspension

  • Increased fines

  • Vehicle impoundment and ignition interlock device

These enhancements can change everything about how your case is handled. With so much at stake, having an attorney who focuses on DUI law is not optional, it’s essential.

Legal Defenses to Prior Offense Enhancements

When the state tries to use a prior DUI to increase your penalties, I evaluate every possible challenge. Here are some defenses that can apply:

The Out-of-State Statute Is Not Substantially Similar

We examine the text of the foreign statute and compare it to Florida law. If the out-of-state law criminalized different conduct, we move to exclude it.

The Prior Conviction Is Too Old

If the prior offense occurred more than 5 or 10 years ago, depending on the specific enhancement, it may not qualify for increased sentencing.

Records Are Incomplete or Unreliable

I’ve won cases where the state failed to produce certified court records. In other cases, prior convictions were sealed or lacked a clear plea or judgment entry.

Constitutional Violations

If the prior conviction involved a denial of counsel or lacked proper waiver of rights, it may be legally invalid for use in Florida court.

Every DUI case is fact-specific. I take the time to build the strongest arguments, and that’s something many public defenders simply can’t do with their limited caseload.

Why You Need a Private DUI Defense Attorney

You don’t get a second chance to fight a felony DUI in Florida. Once the state enhances your charge based on an out-of-state conviction, your freedom is at risk. A private attorney has the time, resources, and legal knowledge to challenge those priors, suppress unlawful evidence, and build a defense around the specific facts of your case.

At Musca Law, we’ve handled DUI cases in every county across Florida. We know the local courts, judges, and prosecutors. Whether your prior DUI was in New Jersey, Illinois, Texas, or anywhere else, we know how to analyze and fight it here in Florida.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Out-of-State DUI Defense Frequently Asked Questions

Can an out-of-state DUI really increase my penalties in Florida?
Yes. Florida law allows prosecutors to use prior DUI convictions from other states to increase charges and penalties here. Whether it leads to a misdemeanor or felony DUI depends on the number of prior offenses and how recent they are. However, the court must also determine whether the out-of-state conviction is for a law that is substantially similar to Florida’s DUI statute. That’s why each case must be reviewed carefully.

What if the out-of-state conviction happened more than 10 years ago?
If your last DUI occurred more than 10 years ago, it may not count for felony enhancement, depending on whether it’s your third or fourth overall offense. For example, a third DUI within 10 years is a felony under Florida law, but outside of that window it may only be a misdemeanor. Your private DUI attorney can review the dates and determine if the enhancement can be blocked.

Do I need to inform the court of my prior DUI?
You are not required to provide information to the state that could incriminate you. The prosecution has the burden of proving any prior convictions they intend to use for enhancement. If they fail to prove a valid prior, it cannot be used against you. A private attorney can move to exclude a prior DUI if it is not properly certified or legally admissible.

Can a prior DUI from another state be challenged in Florida court?
Yes. A prior out-of-state DUI can be challenged if the statute differs from Florida law, if records are incomplete, or if your constitutional rights were violated in the original case. Florida courts require that the out-of-state statute match Florida’s DUI elements for the conviction to count. This is a key defense strategy I’ve used in several cases.

What if I was a minor when I got the out-of-state DUI?
Juvenile DUI offenses or those resolved through diversion programs in another state may or may not count as prior convictions in Florida. It depends on whether the resolution included an adjudication of guilt and whether the statute involved matches Florida’s requirements. Your attorney will need to obtain the records and review them for possible suppression.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.