Understanding Florida’s DUI Laws and How Prior Convictions from Other States May Affect Your Case

As a Florida DUI defense lawyer who has represented thousands of clients, one question I am asked frequently is whether a DUI conviction from another state will count against you here in Florida. Many people are shocked to learn that even if your prior conviction happened years ago in another state, Florida law can still use that offense to enhance penalties on a new DUI case here.

Florida does not treat DUI as an isolated issue confined to its borders. Instead, our state participates in interstate agreements that allow DUI convictions to follow drivers wherever they go. This means a DUI conviction in Georgia, Alabama, New York, or anywhere else may increase your penalties if you are charged with DUI in Florida.

I will now walk you through what the Florida statutes say, how prosecutors try to use out-of-state convictions, what defenses we can raise, and why it is so important to have a private attorney fighting to protect your future. I will also share a real case I handled where the state attempted to use an out-of-state DUI against my client, and how I was able to get the charge reduced.

Florida’s DUI Statute and Prior Convictions

Florida’s DUI law is found in Florida Statutes §316.193. The statute defines what constitutes driving under the influence and outlines the penalties for first-time and repeat offenders.

Here is the relevant portion of the statute regarding penalties:

Florida Statutes §316.193(2)(a)-(b):

(a) For a first conviction, a fine of not less than $500 or more than $1,000 and imprisonment for not more than 6 months.

(b) For a second conviction, a fine of not less than $1,000 or more than $2,000 and imprisonment for not more than 9 months.

The statute continues with enhanced penalties for third and fourth offenses, including felony charges for multiple convictions.

What many people overlook is that Florida law does not limit prior convictions to those obtained within Florida. If you have a prior DUI from another state, the Florida courts can use it to increase your penalties.

The Driver License Compact and Florida

Florida is part of an agreement called the Driver License Compact (DLC), an interstate compact that allows states to share driving records. The purpose of this compact is to ensure that serious traffic offenses, including DUI, follow drivers across state lines.

When you are convicted of DUI in another state, that conviction is reported to Florida. The Florida Department of Highway Safety and Motor Vehicles (DHSMV) treats it as if it happened here. That means if you are arrested in Florida after a prior DUI in another state, the prosecutor can file charges as a second or third offense.

This is why hiring an experienced private attorney is essential. A public defender often does not have the time or resources to investigate how your prior conviction was handled in another state. A private attorney can analyze whether the out-of-state conviction meets Florida’s legal standards for DUI, and sometimes, we can keep it from being used against you.

How Florida Evaluates Out-of-State DUIs

Not every DUI from another state automatically counts as a prior offense in Florida. Florida courts must first determine whether the out-of-state conviction is “substantially similar” to a DUI under Florida law.

For example, in State v. Harbaugh, 754 So.2d 691 (Fla. 2000), the Florida Supreme Court explained that an out-of-state DUI can only be used if the elements of the offense match Florida’s definition. If the other state’s law is broader, meaning you could be convicted there for conduct that would not be a DUI in Florida, the conviction may not be valid for enhancement.

This gives us a powerful defense opportunity. As your attorney, I would obtain certified records from the out-of-state case, review the statute under which you were convicted, and compare it directly to Florida’s DUI law. If the two are not substantially the same, I can argue to the court that the prior conviction should not be used against you.

Example of a Real Case I Handled

A client came to me after being arrested for DUI in Florida. The prosecutor wanted to charge him as a third-time offender because he had one prior DUI in Florida and another in North Carolina. If convicted as charged, he faced mandatory jail time and a lengthy driver’s license suspension.

I obtained the records from North Carolina and discovered that their DUI statute allowed for conviction if a driver was “appreciably impaired,” a standard that was broader than Florida’s requirement of impairment to the extent that normal faculties are impaired. I filed a motion arguing that the North Carolina conviction was not substantially similar to a Florida DUI.

The court agreed with my argument and ruled that the North Carolina conviction could not be used. As a result, my client was treated as a second offender rather than a third. We negotiated a reduced sentence that avoided mandatory jail time, and he was able to keep his job.

This is the type of defense a private attorney can build for you. Without careful investigation and aggressive advocacy, most people would never know that out-of-state convictions can sometimes be challenged.

Why You Need a Private Attorney

When facing a DUI charge in Florida with a prior conviction from another state, you need a lawyer who will:

  • Investigate the prior case to determine if it is substantially similar under Florida law.
  • Challenge the evidence of your current arrest, including field sobriety tests, breath tests, and police reports.
  • Negotiate with the prosecutor to reduce charges or penalties where possible.
  • Argue for alternatives such as reduced sentencing, probation, or diversion programs when appropriate.

Public defenders are often excellent attorneys, but they are overworked and may not have the time to dig into old convictions from another state. A private attorney has the resources to fight aggressively for your future.

Other Florida Statutes That May Affect Your Case

Several other Florida statutes may come into play if you are facing a DUI charge with an out-of-state prior:

  • Florida Statutes §322.2615 – This statute governs the administrative suspension of your driver’s license following a DUI arrest. Even if you beat the criminal case, your license may still be suspended unless you act quickly.
  • Florida Statutes §322.28 – This statute sets forth the license suspension periods for repeat DUI offenders, which are longer if you have priors.
  • Florida Statutes §775.084 – Florida’s habitual offender statute can sometimes be used in DUI cases, especially when there are multiple convictions.

These statutes show how complex DUI law becomes when out-of-state convictions are involved. Without the right attorney, you could face enhanced penalties that might otherwise be avoided.

Possible Defenses to an Out-of-State Prior

Here are some defenses I often use to fight the use of out-of-state DUI convictions:

  • Not substantially similar: The other state’s law is broader than Florida’s and should not count.
  • Improper documentation: The prosecutor must provide certified court records of the prior conviction. If they cannot, the conviction cannot be used.
  • Constitutional issues: If the prior conviction violated your constitutional rights, such as not being represented by counsel, it may not be valid.
  • Old convictions: In some cases, prior convictions may be too old to enhance your penalties, depending on the circumstances.

FAQs About Out-of-State DUIs and Florida

Can Florida really use a DUI from another state against me?

Yes, Florida can use a prior DUI from another state if the law in that state is substantially similar to Florida’s DUI statute. However, a skilled DUI defense attorney can sometimes challenge whether the prior conviction qualifies.

What happens if the prior DUI is from many years ago?

Florida law allows prior DUIs to be used regardless of how old they are. However, there are specific rules about how priors within 5 or 10 years increase penalties. Even older priors can sometimes influence sentencing, but a lawyer can argue for leniency if the prior is very old.

Can I challenge the validity of an out-of-state DUI?

Yes. If the other state’s DUI statute is broader than Florida’s, or if your rights were violated in that case, we can challenge whether it should count against you in Florida.

What penalties could I face for a second DUI in Florida?

A second DUI in Florida carries up to 9 months in jail, fines of up to $2,000, mandatory ignition interlock, and a driver’s license suspension. If the second offense is within 5 years of the first, there is also a mandatory 10-day jail sentence.

What if the prosecutor cannot prove my out-of-state conviction?

The prosecutor must provide certified records of your prior conviction. If they cannot, the court cannot use the prior against you. An experienced defense attorney knows how to demand this proof and challenge improper documentation.

Why is a private attorney better for my case?

A private attorney can dedicate time and resources to investigating your prior conviction, challenging its validity, and negotiating for the best outcome. Public defenders often do not have the resources to fight out-of-state priors in the same way.

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

If you are facing a DUI charge in Florida and have a prior DUI from another state, your future is at serious risk. You need a lawyer who knows how to challenge out-of-state convictions and fight for the best possible outcome.

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.