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Out of State DUI

Handling driving under the influence (DUI) charges is difficult. Juggling DUI charges in another state’s jurisdiction is even more so. You could be forced to spend exceedingly high travel costs just to resolve your case. This doesn’t even include the possible statutory penalties you may face.

Since Florida is a popular tourist destination many visitors find themselves with legal issues. If you or someone you know has been charged with driving under the influence while visiting Florida, it’s crucial that you’re aware of what may happen next. Without a proper defense plan you could lose countless days of work and spend a small fortune on travel.

Lawyer for Out of State DUI in Brevard County, Florida

Driving under the influence is a crime throughout all the United States. If you were arrested for DUI while visiting Florida, you must act now. You will be required to attend certain Florida court hearings if you don’t have legal representation. Additionally, a DUI is a serious charge. You could be facing potential statutory penalties alongside high traveling expenses.

Contact The Law Offices of Bryan J. McCarthy for a strong legal defense. We have been practicing in Florida court rooms for years. Our attorney will have a strong focus on criminal defense and have represented clients who are not Florida residents. Using our knowledge The Law Offices of Bryan J. McCarthy will create a defense plan that minimizes traveling for you.

Call now for a free consultation. The Law Offices of Bryan J. McCarthy accepts clients throughout the greater Melbourne area and surrounding cities including Palm Bay, Cocoa, Titusville and Cape Canaveral.

Overview of Out of State DUI in Florida

Florida Penalties for Out of State DUI
Popular Tourist Destinations in Florida
Out of State DUI Options
Additional Resources

Penalties for Out of State DUI Charges in Florida

Driving under the influence is a serious crime in Florida. Even if you’re out of state the statutory penalties for a DUI are still applicable. You may face large fines and possible incarceration. Your sentencing may also have additional conditions such as community service, vehicle impoundment or participation in DUI school.

The following are the penalties of DUI in Florida.

First Offense
- Jail sentence of up to six months;
- Fine between $500 and $1,000;
- 50 hours of required community service;
- 10-day vehicle impoundment;
- Completion of DUI school; and
- Potential installation of an ignition interlock device.

Second Offense
- Jail sentence of up to nine months;
- Fine between $1,000 and $2,000;
- 50 hours of required community service;
- 30-day vehicle impoundment;
- Completion of DUI school; and
- Potential installation of an ignition interlock device.
Third Offense
- Up to five years in prison;
- Fine up to $5,000;
- 50 hours of required community service;
- 90-day vehicle impoundment;
- Completion of DUI school; and
- Mandatory ignition interlock device for up to two years.

It’s important to note that these penalties don’t include any aggravating factors. If your DUI had any aggravating factors present, the penalties may be enhanced. Florida law considers a high blood-alcohol concentration of .15 and having a child passenger during the offense as aggravating factors.

Popular Tourist Destinations in Florida

Florida is a popular tourist spot for both U.S and international visitors. The Brevard County area is no exceptions. The Space Coast region of Florida has several popular destinations that keep visitors coming year-round. This includes a prevalent nightlife where DUIs are possible. The following are some notable attractions for Floridians and non-Floridians residents to visit.

Brevard County

Kennedy Space Center;
Cocoa Beach Brewing Company;
Brevard Zoo;
Lou’s Blues Upstairs;
Melbourne Main Street;
Cocoa Beach Pier;
Victory Casino Cruise Port; and
Heidi’s Jazz Club.

Indian River County

Vero Beach Art Museum
Pareidolia Brewing Co.;
Jungle River Cruises;
Filthy Fine’s Cocktails and Beer;
Pelican Island Nature Reserve;
Orchard Island Brewery;
McKee Botanical Garden;
Village Tavern of Sebastian; and
Treasure Island Museum.

Volusia County

Debary Hall Historic Site;
Bank and Blues Club;
Lyonia Environmental Center;
Razzle’s Nightclub;
Ocean Deck Restaurants Inc.;
Flagler Tavern;
Marine Science Center; and
The Oyster Pub.

Options for Out of State DUI Offenders in Florida

Driving under the influence in Florida comes with pretty harsh legal consequences. However, if you’re out of state the process can be complicated. You could be paying for multiple flights to and from the state of Florida and your sentencing may include Florida based conditions such as performing community service on Florida highways.

Thankfully, you have options. If you hire quality legal representation, you could limit your trips to Florida significantly. In addition, your attorney can pursue every legal option to get the best possible outcome for your case. You may even have your case dismissed before you ever go to trial. This would mean that you would only visit Florida once.

A skilled attorney can utilize several legal options to help your case. These options can help minimize your trips to Florida, save money and ensure that you don’t miss too much work.

Plea in Absentia – In some cases, the prosecutor is willing to reduce charges for a lighter sentence. If this happens you may be able to enter a plea in absentia to a misdemeanor. A plea in absentia is a form where your attorney enters a plea on your behalf. You may be able to get a withhold of adjudication to avoid a conviction or probation sentence.
Probation Transfers – The goal for your case is to get your charges reduced or dropped without a probation sentence. However, sometimes probation is unavoidable. If you are sentenced to serve probation, you can apply to transfer your probation term to your home state through the Interstate Commission of Adult Offender Supervision (ICAOS).
Diversion Program – A diversion program is a set of terms and conditions an offender can follow to avoid statutory penalties. You may be qualified to enter a diversion program to prevent multiple trips to Florida. Once the diversion program is complete, you can have your charges dropped.
Dismissed Charges – The ultimate goal is to get your DUI charges completely dismissed. If your charges are dismissed, you won’t be forced to travel to and from Florida and avoid the statutory penalties. Your attorney can contest the DUI stop, collect evidence and file motions to get your charges dismissed.

Additional Resources

ICAOS – Visit the official website for the Florida Department of Corrections to learn more about Interstate Compact for Adult Offender Supervision. Find out how the Interstate Compact works, how to apply and answers to frequently asked questions.

Florida DUI Laws – Visit the official website for Online Sunshine, a collection of Florida state laws and legislation. Find more information surrounding driving under the influence, the aggravating factors for a DUI and other motor vehicle-related offenses.

DUI Lawyer for Out of State Visitors in Florida

If you or someone you know has been charged with driving under the influence while visiting Florida, it’s imperative that you contact an experienced criminal defense attorney. You could be forced to pay large fines and face possible jail or prison time. Additionally, your wallet could pay the price for all the travel costs.

Don’t panic without looking at all your options. Contact The Law Offices of Bryan J. McCarthy for strong legal representation. We have experience defending both Florida residents and non-Florida residents. Our attorney will always have your financial situation in mind. We will make sure that your defense plan minimizes travel expenses as much as possible.

Call The Law Offices of Bryan J. McCarthy today to schedule a free consultation. The Law Offices of Bryan J. McCarthy represents clients throughout the greater Brevard County area and surrounding counties including Volusia County and Indian River County.

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Testimonials

Your very thorough investigative work, preparation, and execution were all very good and saved a young man from a possible disaster to his entire future.
“Travis and I and our entire family would like to thank you for the excellent job you did on the recent Traffic Ticket case against Travis. We found you to be very generous, very professional, and very competent. Your very thorough investigative work, preparation, and execution were all very good and saved a young man from a possible disaster to his entire future. You also saved me from an economic expense that I could ill afford at this time. I heard a rumor that you might be thinking about a possible run for the State Legislature in the future. You would certainly have my vote and my support with everyone I know. We would highly recommend you to anyone who is in need of a good attorney. You have given us a new and much improved opinion of the legal profession. Very best wishes for the future and much appreciation for the job you did.”

V.L.
When I had my free consultation with him, I was blown away. His professionalism, intelligence, and character is everything you would ever want in a lawyer.
“I had never previously been in an ounce of trouble; not even a detention in high school. When I learned that I had been charged with a felony punishable by a maximum sentence of five years of imprisonment, my life flashed before my eyes. I as stunned and shell-shocked by the experience. When I was contemplating my options on a public defender or a lawyer, my friend, who had been in trouble recently, recommended “The Savior” (at least that’s what I call him now!) Mr. McCarthy! This man knows what he’s doing! When I had my free consultation with him, I was blown away. His professionalism, intelligence, and character is everything you would ever want in a lawyer. Bryan knows the law inside and out to the point where once you leave the office, you’ll be gaping with eyebrows raised and say to yourself, “Wow … I’m impressed.” Needless to say, I felt ten times more comfortable coming out of that office than I did going in. When consulting with him, he utilized the perfect blend of realism and reassurance to let me know of my potential outcomes while simultaneously restoring my peace of mind. I felt that I could live worry-free after hiring him. Oh, and guess what?! After his dedication to my case, I learned about a month later that the charges were COMPLETELY DROPPED! You read that right! COMPLETELY DROPPED! I was so thankful that I looked up into the sky and shed tears with my mom’s arms wrapped around me, and it was all because of Mr. McCarthy. This man made the continuance of my dream to pursue teaching possible! Whatever you are looking for in a lawyer, I guarantee you!! Mr. McCarthy is the man! He is “The Savior!””

S.M.
Thank you again for being a real lawyer.
“I just wanted to thank you for serving as a good example for all lawyers out there. Thank you for taking care of my friend and her son and for going the extra mile. I know it’s not easy. All too often I hear terrible stories about how some bad apples treat their clients. It’s nice to know that I’m not the only one who treats their clients almost like family. Thank you again for being a real lawyer.”

E.B.
Very professional!! I would recommend 100% and if I ever need legal services again, they would be the first place I would call!!
“Very professional!! I would recommend 100% and if I ever need legal services again, they would be the first place I would call!! Thanks for everything!!”

E.B.
I truly feel like no one could have handled my case better than them.
“Greatest attorneys ever! They were always there to answer questions and make me feel as comfortable and knowledgeable as possible. I truly feel like no one could have handled my case better than them. Thank you so much for everything.”

J.W.