Out-of-State DUI

florida dui defense attorney

Getting a DUI is never a good thing, but it happens. One of the key distinctions in the state of Florida is that its DUI laws differ from other states in the Union. For out-of-towners that are unfortunate enough to get snagged in a DUI checkpoint or pulled over by a deputy or police officer, understanding the protocols in the state of Florida are critical for ensuring that an adequate defense can be mounted.

No matter what state you’re from, being charged with a DUI in Florida is a serious accusation. Don’t just settle for any lawyer to defend your case. Choose a DUI defense lawyer with experience defending out-of-state DUI.

Understanding Florida DUI

DUI in Florida has its own elements that differentiate it from DUI in other states. Understanding the essential elements of the crime establishes when a police officer or deputy has probable cause to make an arrest for DUI. Orlando police officers must have probable cause to make an arrest, but they may also detain you and prevent you from driving if they have reasonable suspicion of DUI.

It is important to note that, because DUI is a misdemeanor, it is not a mandatory arrest even if probable cause exists. If the following elements are present, you may be arrested for DUI:

  • The defendant was driving or in actual physical control of the vehicle
  • The defendant’s normal motor skills and/or faculties are impaired
  • The defendant was impaired as a result of a narcotic or alcohol
  • The defendant had a blood-alcohol-level (BAC) over 0.08, the legal limit

The above criteria satisfy the elements for DUI in Florida. While 0.08 is the legal BAC limit for drivers 21 and older, specific Florida DUI laws differ from other states.

Florida’s Zero Tolerance DUI Law

In the state of Florida, law enforcement takes a zero tolerance stance towards drivers under age 21 who drive under the influence. While similar to DUI, the “zero tolerance” enhancements differ slightly.

If the following elements are present, a minor may be arrested for DUI:

  • Normal faculties are impaired as a result of alcohol or narcotics
  • The driver is under the age of 21
  • The driver is found to have a BAC over .02

If those elements are present, a minor will automatically have his or her license suspended for a minimum of six months. If the minor refuses to submit to blood or breath test, the minor’s license will be suspended for 12 months. No matter the state or country of citizenship, a minor arrested for DUI in Florida is subject to the aforementioned penalties, making the need for a competent Florida DUI lawyer incredibly important.

Hiring an Orlando Out-of-State DUI Defense Lawyer

As an out-of-state resident, getting arrested for DUI means you’ll have to serve the majority of your sentence in or pay penalties to the state of Florida. This may cost thousands of dollars in travel expenses in addition to other fines you might be required to pay. Don’t squander thousands of dollars and hundreds of hours over a possible DUI conviction; instead, fight your charge in court. At the Umansky Law Firm, our team has over 100 years of combined experience that we’ll apply to defending your case.

If you’ve been accused of DUI in Orlando and you are from another state, allow us to fight the charge against you. Give us a call 24/7 at (407) 228-3838 or complete our online contact form today.