• What Happens to Your Out-of-State Driver’s License After a Florida DUI?

What Happens to Your Out-of-State Driver’s License After a Florida DUI?

By |2023-06-29T10:16:19-04:00June 29th, 2023|Categories: DUI Driving Under the Influence|Tags: , , |

If you’ve been arrested in Florida, then your out-of-state driver’s license could be suspended or revoked even before a conviction. There are over 400 DUI arrests in Pinellas County every year, with many of them being tourists.

We understand that this is a very stressful situation, especially as you’ll be unsure of whether you’ll be committing a crime to be driving back home. You may also be wondering, what you need to do next and whether you need to return to Florida for a court hearing.

The good news is, our experienced criminal defense lawyers offer free consultations so we can determine what is possible. We welcome you to call us today.

Your License Could Be Suspended in Your Home State

Read related: What Should I Do If Arrested as a Tourist in Florida?

Types of Suspensions in Florida

Florida DUI laws cover two types of license suspensions:

  • Administrative, and;
  • Court-Ordered

Administrative License Suspensions

Administrative DUI suspensions occur immediately after the filing of a DUI arrest, following a breath test reading of .08 or higher, or following a breath test refusal.

There is a very strong chance this information will be shared with your home state, and they will likely suspend your license too.

Action is required to reinstate your license, or to gain a ‘hardship license’ which allows you to drive for critical reasons only (such as employment) for a temporary period.

By contacting our Florida criminal defense lawyers we can help you determine what the state of your license is back home too.

Court-Ordered Suspensions

Court-ordered suspensions only occur when you are convicted of a DUI offense in Florida. This will result in your losing license in both Florida and your home state.

What Can I Do to Save My Out-of-State License After a DUI in Pinellas County?

Our experienced Pinellas County DUI defense attorneys can help you take the following action:

Challenge the Suspension

The immediate administrative driver’s license suspension (after your arrest) can be challenged so that you obtain a temporary ‘hardship license’ for 42 days.

The challenge must be made within 10 days from the date of your arrest (including holidays and weekends).

Challenges are made via a civil administrative hearing, requested by your criminal defense attorney. If that fails, there is also the option to appeal a license suspicion via a ‘petition for writ of certiorari’ to the Pinellas County circuit court.

Immediate Defense

In many cases, immediate legal action can save you from even needing to go to court. We’ve seen many cases of misunderstandings over things like medication (mistaken as drugs), where the case is dropped shortly after we call up.

While we can’t guarantee immediate success, this is an example of why it’s always worth calling a criminal defense lawyer.

Prepare a Defense

If you will be facing a court hearing for your charges, we will prepare a strong defense to either minimize the charges and penalties or clear your name. In many cases, we’ve been able to reduce the charges to a reckless driving charge, for example, which can save your license and future.

We will review the evidence, police reports and examine what happened to see if your rights were infringed. For example, if you were pulled over unlawfully then the case might be thrown out entirely.

Read Related: How to Beat a DUI in Pinellas County

Represent You in Court

As your criminal defense attorney, we may be able to represent you in Florida court, so you don’t need to return to the state after going home.

If that’s necessary, we will file a Plea in Absentia so you don’t have to waste time and money flying back in.

DUI Defense Attorney in Pinellas County, FL

If you’ve been arrested for a DUI in St. Petersburg or Pinellas County, then our Florida criminal defense lawyers can help you save your license and clear your name.

We regularly help people like you who have made first-time DUI mistakes while on holiday, or been on the wrong side of an over-eager police officer, to get home, get a temporary license, reduce their penalties or clear their names entirely.

Free Consultations

Our Pinellas County criminal defense attorneys at Battaglia, Ross, Dicus & McQuaid, P.A., are part of one of Tampa Bay’s most prestigious law firms. We have the reputation and connections to make things happen.

Contact us today for a free consultation to get started or CALL (727) 381-2300