Can Out-of-State Drivers Get a DUI in Florida?

By Jonathan Blecher on September 8, 2025

Florida attracts millions of visitors each year, but for out-of-state drivers, a night out in Miami, Orlando, or Tampa can quickly turn serious if alcohol or drugs are involved. Florida DUI laws apply to anyone operating a vehicle within the state, regardless of whether you live in the state, hold an out-of-state license, or are visiting.

For non-residents, a DUI arrest brings unique challenges, including navigating Florida courts while also facing potential consequences back home. Below, we’ll break down how these laws impact out-of-state drivers, the penalties they may face, and why immediate legal action is so important.

Understanding Florida’s DUI Laws

Under Florida law, driving under the influence (DUI) is defined as operating or being in actual physical control of a vehicle while impaired by alcohol, drugs, or a combination of both. The legal blood alcohol content (BAC) limit is 0.08%.

Florida’s DUI statutes are tough. Even a first-time DUI conviction can bring harsh penalties, including fines, license suspension, community service, probation, mandatory DUI school, and possible jail time. Judges may also order an ignition interlock device depending on the severity of the case.

These penalties apply to all drivers, including Florida residents and those from out-of-state. If you are charged, you are subject to the state’s DUI laws, regardless of your license’s home state.

What Happens After a DUI Arrest in Florida?

When an out-of-state driver is arrested for DUI in Florida, the process begins much like it does for residents. Officers may request a breath, blood, or urine test. Refusing these tests can result in an administrative suspension of your driving privileges under Florida’s implied consent laws.

If arrested, you may be taken to jail, booked, and required to appear in court in the state of Florida. Within 10 days, you must also address the administrative suspension of your license through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

Because you are not a Florida resident, this creates added stress: you may live hundreds of miles away, but you’re still expected to respond to Florida’s legal system. Hiring a local lawyer, like Jonathan B. Blecher, P.A., an experienced criminal defense attorney based in Miami, can help manage your case without requiring you to be present at every court date.

The Driver’s License Compact and Out-of-State Consequences

One of the biggest misconceptions is that a DUI conviction in Florida won’t affect your out-of-state license. In reality, Florida participates in the Driver License Compact, an agreement between most U.S. states to share driving records and convictions.

This means if you face a Florida DUI conviction, your driver’s home state will likely be notified. Depending on your state’s laws, the conviction could trigger penalties such as license suspension, additional fines, or mandatory DUI programs.

Additionally, your DUI record may be entered into the National Driver Register, which helps states identify drivers with suspensions or serious violations. Simply put: you can’t escape a Florida DUI charge by leaving the state.

The Impact on Your Driving Privileges

If you are convicted of DUI in Florida, the state may suspend your Florida driving privileges even if you don’t have a valid Florida driver’s license. For instance, if you’re visiting Florida and your license is from New York or Georgia, you may not be able to drive legally in Florida until the suspension ends.

Through interstate agreements, your home state may also enforce that suspension. That could mean losing your right to drive in your own state based on a conviction that happened in Florida. Insurance companies will likely raise your rates once the conviction appears on your driving record, sometimes for years to come.

Common Misconceptions About Out-of-State DUI Cases

Out-of-state drivers often believe they can avoid penalties simply by returning to their home state. Unfortunately, that’s not how the system works. Here are a few misconceptions to clear up:

“I can ignore the charge since I’m not a Florida resident.”

Failing to address the charge can result in a warrant for your arrest, which is valid nationwide.

“A DUI in Florida won’t affect my license at home.”

Most states honor each other’s suspensions under the Driver’s License Compact.

“I don’t need a lawyer because I’ll never be back in Florida.”

Even one DUI conviction in Florida can follow you for years, affecting your insurance, background checks, and professional opportunities.

The Role of Legal Defense for Out-of-State Drivers

Fighting a DUI case from out of state is uniquely difficult. Travel expenses, court schedules, and unfamiliarity with Florida’s system can all complicate your defense. This is where hiring an experienced Florida attorney becomes crucial.

Jonathan B. Blecher, P.A., brings decades of experience handling Florida DUI arrests and DUI defense. A knowledgeable attorney can:

• Challenge the legality of the stop, arrest, or chemical tests.
• Represent you in Florida courts, often reducing the need for you to appear in person.
• Work to prevent license suspension by addressing administrative hearings promptly.
• Explore alternatives such as reduced charges or diversion programs where appropriate.
• Guide you through both the Florida legal process and the potential impact on your driver’s home state.

Additional Consequences Beyond Florida

Aside from the legal penalties, an out-of-state DUI can ripple into many areas of your life. Higher insurance premiums, lost employment opportunities, and professional licensing issues can all stem from a DUI offense. In some industries, even a single traffic violation connected to alcohol can jeopardize your career.

Because of these risks, hiring a criminal defense attorney familiar with Florida DUI laws is not just a convenience; it’s often the only way to protect your future.

How Jonathan B. Blecher, P.A., Can Help

Facing a DUI while visiting or living part-time in Florida can be overwhelming. Jonathan B. Blecher, P.A., provides aggressive defense strategies tailored to the unique challenges faced by out-of-state drivers. From challenging the evidence in your DUI case to negotiating with prosecutors, his goal is to minimize the long-term impact of a Florida DUI conviction on your life and career.

If you were recently arrested for DUI while visiting Florida, don’t wait. The legal process moves quickly, and failing to respond could result in the loss of your license and potentially lead to more severe consequences.

Protecting Your Rights After a Florida DUI

Thanks to interstate cooperation and the Driver’s License Compact, a DUI in Florida often becomes a problem in your home state, too.

Don’t let a mistake on vacation or a business trip turn into a lifelong burden. With the right legal assistance, you can fight the charges, protect your driving privileges, and work toward the best possible outcome.

Contact Jonathan B. Blecher, P.A., today for a free consultation. A seasoned DUI lawyer can guide you through the complexities of Florida’s system and provide the strong defense you need.