What Happens in Florida After an Out of State DUI Conviction?

We are often asked this question:

“I reside in Florida and have a Florida driver’s license, but I just got arrested for DUI out of state, what impact will this have on my Florida driving privileges?”

The arrest itself, even if accompanied by an administrative suspension of your driving privileges in the other state, will probably not immediately impact your ability to drive on your valid Florida driver’s license in Florida. So once you return to Florida, as long as you have a valid Florida driver’s license, you can continue to drive in Florida while the DUI is pending out of state.

Even if you received an administrative suspension in the other state, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) typically takes no action to suspend or revoke your license before an out-of-state DUI conviction appears on your Florida driving record.

If you are convicted of the out-of-state DUI, you should expect the FLHSMV to take action. The action is triggered by the other state reporting the conviction to Florida. Florida then adds the out-of-state conviction to your Florida driving record. When the out-of-state DUI conviction is added to the Florida driving record, the FLHSMV imposes the statutory sanctions that would have occurred if the DUI conviction had happened in Florida as required by Florida Statute Section 322.2715(2).

Florida Statute Section 322.2715(2) provides:

For purposes of this section, any conviction for a violation of s. 316.193, a previous conviction for a violation of former s. 316.1931, or a conviction outside this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other similar alcohol-related or drug-related traffic offense is a conviction of driving under the influence.

Florida Statutes § 322.24 authorizes

The FLHSMV’s authority to revoke the driver’s license for an out-of-state DUI conviction can be found in Florida Statute Section 322.24, which provides:

“[t]he department is authorized to suspend or revoke the license of any resident of the state, upon receiving notice of the conviction of such person in another state or foreign country of an offense therein which, if committed in this state, would be grounds for the suspension or revocation of his or her license.”

Sometimes, the out-of-state conviction does not immediately appear on your Florida driving record, but is added years later. FLHSMV will take action when the conviction is added to the driving record, even years later. Before imposing the sanctions, the FLHSMV will send you a notice of the action in the mail at the address listed on your driving record.

How to Get a Hardship Reinstatement in Florida After an Out-of-State DUI Conviction

The first step is checking your Florida driver record to determine when the out-of-state DUI conviction is added. DHSMV will not act on your application for a restricted license (hardship) until the out-of-state DUI conviction or court-ordered revocation appears on the driving record.

You can check our record here – https://services.flhsmv.gov/DLCheck/. When the “notice of suspension” is mailed to you, it will tell you the effective date of the revocation. On that date, you can apply for the hardship hearing.

You can complete the Application for the Hardship Hearing using this form – https://www.flhsmv.gov/pdf/forms/78306.pdf. Then, submit the form with proof of completion of DUI school and a check for $12 made payable to the “Division of Motorist Services” at the nearest Bureau of Administrative Reviews (BAR) office.

If you are eligible for an expedited review, the hearing officer might complete the paperwork and email instructions and approval. Otherwise, the hearing officer will call you from a restricted number for a telephonic hearing. Read more about how to get a hardship license in Florida after a DUI conviction.

Can DHSMV Require an Ignition Interlock Device for an Out-of-State DUI Conviction?

Where a DUI conviction occurs in another state, Florida may impose sanctions for the out-of-state conviction on the Florida licensee. § 322.2715(2), Fla. Stat. The length of time the IID must be installed depends on the number and timing of prior convictions, including:

• Second DUI under Florida – the ignition interlock device is required for at least twelve (12) months;
• Third DUI Conviction under Florida law – the ignition interlock device is required for at least twenty-four (24) months.