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

Call now for a free consultation. Law Offices of Germain & 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 attorneys at Law Offices of Germain & McCarthy for strong legal representation. We have experience defending both Florida residents and non-Florida residents. Our attorneys always have your financial situation in mind. We will make sure that your defense plan minimizes travel expenses as much as possible.

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

Why Hire Germain & McCarthy?

  • Our attorneys have over 20 years of combined experience.
  • We have an exceptional reputation & hundreds of happy clients.
  • Our attorneys have a proven track record in handling cases like yours.
  • We offer free consultations to all of our clients no matter the case.
  • We are available and accessible 24/7 for all of your legal needs.