Founding Attorney
Getting arrested for DUI while visiting Florida can be overwhelming, especially if you’ve already gone home. Whether you were here on vacation, visiting family, or staying seasonally, a DUI charge doesn’t disappear just because you leave the state. At Van Elswyk Law, we help out-of-state drivers understand what’s ahead and work toward a resolution that protects their rights and limits disruption to their lives.
If you’re facing DUI charges in Florida but live outside the state, here’s what you need to know and how we can help.
Why Out-of-State DUI Charges Are More Complicated
A Florida DUI arrest applies even if you don’t hold a Florida license. The charges are filed in the county where you were arrested, and Florida law still governs the case. That means you’re subject to Florida’s legal process, even if you’re no longer in the state.
The challenge for visitors is managing a legal case from afar. You may be required to appear in court, and missing those hearings can result in a bench warrant for your arrest. Beyond the legal issues, there’s also the cost and inconvenience of traveling back and forth. That’s where having a local defense team comes in. We’ll step in, appear on your behalf when possible, and keep the case moving without pulling you away from home unnecessarily.
Florida DUI Convictions and Out-of-State License Penalties
Florida is a member of the Driver License Compact, an agreement between most U.S. states to share driving records, including DUI convictions. If you’re convicted of DUI in Florida, your home state is likely to be notified and could apply additional penalties.
Depending on where you live, those consequences might include:
- License suspension or revocation
- Points added to your driving record
- Mandatory alcohol education or DUI treatment
- Installation of an ignition interlock device
- Sharp increases in your insurance rates
Even if the conviction happens in Florida, the impact could follow you home for years. That’s why it’s important to resolve the case strategically and with an eye toward how your state will respond.
Plea Negotiations That Work for Visitors
The good news is you may not have to return to Florida for every step of the process. In some cases, we can negotiate plea deals that eliminate the need for in-person appearances.
For out-of-state clients, we often explore:
- Plea in absentia, where the court allows us to enter a plea without you present
- Diversion programs, depending on eligibility and the local prosecutor’s policies
- Out-of-state probation, so you can complete any supervision requirements back home
- Reduced charges, like reckless driving, which may carry fewer long-term consequences
We’ll evaluate all available options and explain the pros and cons. Our goal is to reach a resolution that works for you both in Florida and in your home state.
Speeding Up the Case for Those Who Can’t Stay in Florida
If you’re a tourist or seasonal resident, you may not have the ability to stick around for court hearings or delay travel plans. That’s understandable and something we plan for from the beginning.
There are steps we can take to accelerate the process:
- Contact the prosecutor early to discuss resolution options
- Request a waiver of appearance where permitted
- Seek a plea deal or early case disposition
- Avoid unnecessary continuances that draw out the timeline
By being proactive and organized, we can often shorten the timeline and reduce the number of times, if any, you’ll need to come back to Florida.
What You Should Do Right Now
If you’ve been arrested for DUI while visiting Florida, don’t wait. The court process starts quickly, and missing deadlines can make things worse. Your license, your job, and your freedom could all be affected by how you handle the next steps.
Don’t assume this will go away just because you’ve left the state. And don’t try to manage it on your own. We can help you understand your rights.
FAQ: Out-of-State DUI Charges in Florida
Will I need to return to Florida for court?
Not always. In some cases, we can appear on your behalf or arrange a plea in absentia if the court allows it.
Will a Florida DUI affect my driver’s license back home?
Yes. Most states will treat a Florida DUI conviction the same as if it happened locally, applying penalties under their own laws.
Can I handle this without hiring a Florida attorney?
You can, but it’s risky. A local attorney can help you avoid court appearances, protect your license, and reach a better outcome faster.
Get Local Support for Your Florida DUI Case
Facing DUI charges from another state doesn’t mean you’re stuck. At Van Elswyk Law, we work with visitors, snowbirds, and tourists who want to resolve their cases without uprooting their lives. Contact us about your options, and let’s put a plan in place that works for you.