Can Prior Out-of-State DUIs Lead to Felony Charges in Florida?

Understanding How Out-of-State DUI Convictions Can Impact Your Case Under Florida Law

If you’ve been charged with DUI in Florida and have a prior DUI from another state, you may be wondering how it affects your current case. I’ve handled many DUI cases over the years, including those involving out-of-state convictions. Most people are shocked to learn that Florida law allows prosecutors to use DUIs from other states to enhance the charge. That means what might have been a misdemeanor DUI could now be a felony, with years of prison time, long-term license suspension, and a permanent criminal record.

If you’re in this position, the worst thing you can do is try to explain things to the court without a defense lawyer. This is where having a private criminal defense attorney makes a critical difference. I’ll walk you through how out-of-state DUIs are treated, what Florida statutes apply, what defenses we can raise, and why your choice of attorney could be the most important decision you make.

How Florida Law Counts Out-of-State DUI Convictions

Florida Statute § 316.193 defines how DUI offenses are charged and sentenced. It also explains how prior offenses are used to determine whether a new DUI is treated as a misdemeanor or a felony. Here’s what it says:

Florida Statute § 316.193(2)(b)

“Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section or for a violation of any law of another state... that prohibits the acts that are punishable under this section commits a felony of the third degree.”

This means that if you’ve been convicted of a DUI in another state, and Florida considers that offense “substantially similar” to its own DUI law, the court can use that conviction to enhance your current case. If the Florida DUI is your third offense within 10 years, and the other two convictions were from other states, you may now face a third-degree felony.

The law also states:

Florida Statute § 316.193(2)(c)

“A person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction occurred, commits a felony of the third degree.”

So even if your out-of-state DUIs happened 15 or 20 years ago, a fourth DUI in Florida is automatically a felony.

As your attorney, I review the language of the laws under which you were convicted out of state. Not every out-of-state DUI qualifies. If the laws are not truly equivalent, or if the prior case didn’t involve a guilty plea or a conviction, we may be able to argue that the prior offense should not count toward a felony enhancement.

Real Case Example: Prior DUIs in Georgia and South Carolina

One of my clients was arrested in Florida for DUI in Hillsborough County. The State tried to charge it as a felony, alleging it was his fourth offense. His prior convictions were one from Georgia, one from South Carolina, and one in Florida. He was facing a mandatory felony charge under § 316.193(2)(c).

After reviewing the Georgia and South Carolina case files, we discovered that the Georgia plea was to a “wet reckless” offense under a statute that did not require proof of impairment. South Carolina’s law, while titled DUI, included a breath test refusal that had been dismissed under procedural issues.

We filed a motion to exclude the two out-of-state convictions. The judge ruled that the State failed to prove that either out-of-state offense was “substantially similar” to a Florida DUI conviction. The case was reduced to a misdemeanor, and we negotiated for time served and no license revocation. That result would never have happened without a private attorney digging into the details of the prior convictions.

Felony DUI Penalties in Florida

If your Florida DUI becomes a felony because of prior out-of-state DUIs, the penalties are severe. Under Florida Statute § 775.082 and § 775.083:

• Third-Degree Felony:
• Up to 5 years in prison
• Up to $5,000 in fines
• Minimum 10-year license revocation
• Mandatory DUI school and substance abuse treatment
• Possible vehicle impoundment and ignition interlock device

A felony conviction will follow you for life. It will show up on job applications, background checks, and can even affect housing or firearm rights. This is exactly why private legal defense matters. A public defender may not have the time to request certified court documents from other states or to hire expert witnesses if needed.

How the State Proves Prior Convictions

To enhance your Florida DUI based on out-of-state priors, prosecutors must do more than just claim you have them. They have to prove the conviction, usually by certified records from the other state.

The Florida Supreme Court has held that prior convictions used for enhancement must be proven beyond a reasonable doubt. That means we can challenge:

• Whether the record was certified correctly
• Whether the conviction actually occurred
• Whether the statute matches Florida law
• Whether your identity was clearly tied to the out-of-state case

I often subpoena the original court transcripts or plea documents from the other state. If they’re missing, unclear, or different from what the State alleges, we can argue that the prior offense should not be counted.

What Defenses Apply in Out-of-State DUI Cases

There are several strong defenses I use when the State tries to use out-of-state DUIs against you:

Non-equivalent statute:

If the other state’s DUI law differs in a meaningful way from Florida’s—such as not requiring actual impairment—we can argue it does not qualify under § 316.193.

No conviction entered:

If your out-of-state case resulted in withheld adjudication, a diversion program, or dismissal, it may not count as a prior conviction for enhancement purposes.

Invalid or defective plea:

If the plea was taken without proper legal representation or understanding of the consequences, we may challenge its use in Florida.

Misidentification:

If the State cannot prove that you are the same person as the individual named in the out-of-state conviction, that prior cannot be used.

Each of these defenses takes time, legal research, and direct contact with court clerks and agencies across state lines. As a private attorney, I dedicate the resources necessary to challenge every piece of the State’s case.

Why You Shouldn’t Face a Felony DUI Without a Private Attorney

When you’re facing a felony DUI in Florida due to prior out-of-state DUIs, you’re up against more than just the local prosecutor. You’re also facing other states’ bureaucracies, court clerks, and old records that are often confusing or incomplete.

A public defender may be overloaded and unable to spend hours tracking down a 15-year-old file from Ohio or Arizona. I take the time to gather all relevant documents, break down the statutes from each state, and file the appropriate motions to exclude invalid priors.

This isn’t about just defending the current DUI. It’s about preventing a misdemeanor from becoming a felony, protecting your license, and keeping your record clean. The earlier I get involved, the more options we have to weaken the prosecution’s case and position you for a better 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.

Florida Felony DUI Frequently Asked Questions

Can a DUI from another state really count against me in Florida?

Yes. If Florida determines that the out-of-state conviction is equivalent to a DUI under Florida law, the court can use it to enhance your current charge. That includes DUIs from Georgia, New York, Texas, or anywhere else. However, not every out-of-state DUI automatically qualifies. We look at the statute, facts, and legal outcome of the prior case before allowing it to be used against you.

What makes a DUI a felony in Florida?

A third DUI within 10 years of a prior conviction or a fourth or subsequent DUI, regardless of time, can be charged as a felony in Florida. Prior convictions from other states can be used to meet these thresholds if they’re equivalent to Florida DUIs. Felony DUI carries the risk of prison time, long license revocation, and a permanent criminal record.

Can the prosecutor use an out-of-state DUI from 20 years ago?

Yes, if it would make your current DUI the fourth in your lifetime. Under Florida Statute § 316.193(2)(c), any fourth DUI is charged as a felony regardless of how much time has passed since the earlier offenses.

What if my prior out-of-state DUI was part of a diversion program?

If your previous case resulted in deferred adjudication, or if charges were dismissed following a program, it may not qualify as a conviction for purposes of enhancement. We obtain the original court records to verify how the case ended and argue to exclude it from your current Florida case.

Will my license be revoked after a felony DUI?

Yes. A third DUI within 10 years results in a minimum 10-year revocation. A fourth DUI results in permanent license revocation. We fight both the criminal case and the administrative license suspension to reduce or delay these consequences.

Can I avoid jail time if I’m facing a felony DUI in Florida?

Possibly. Every case depends on the facts, the strength of the evidence, and your legal representation. We have resolved felony DUI cases through reduced charges, probation, or alternative sentencing. But early intervention is key. The sooner you hire a private attorney, the more options we have.

Do I need a lawyer even if I plan to plead guilty?

Yes. Even if you’re considering a plea, having a lawyer review the case can lead to better outcomes. We may find that the priors can’t be used or that there’s a legal issue with the traffic stop or breath test. A private attorney ensures your rights are protected and that you’re not taking a harsher sentence than necessary.

What should I do if I’ve been charged and have old DUIs from another state?

You should hire a Florida DUI attorney immediately. We begin by obtaining certified records of your prior cases, analyzing the statutory language, and filing motions to exclude those priors if they do not meet Florida’s legal standard. This can reduce a felony to a misdemeanor or result in the dismissal of enhancements.

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.