Gainesville Out of State DUI Lawyer
Florida is an extremely popular tourist destination for people of all ages. Visitors flock to this great state to enjoy its powder white beaches, warm oceans, and relaxing pace of life. However, many visitors get too comfortable while on vacation and think they can get away with driving after they’ve had a few too many drinks. The fact is that Florida is one of the most aggressive states cracking down on DUIs. If you’ve been arrested for DUI in Florida, you face a number of additional challenges in defending your case that you can’t defend on your own. You need a Gainesville lawyer who is experienced in handling the unique challenges of fighting an out of state DUI.
Administrative and Criminal Penalties an Out of State DUI Attorney Can Help With
Regardless of which state you are arrested for DUI, there are always two types of proceedings you must defend yourself in: the administrative proceeding and the criminal proceeding.
The administrative proceedings following a DUI arrest are the first you will have to fight, and affect whether you will be able to keep your driving privileges throughout your case. When you are first arrested for DUI in Florida, your driver’s license is confiscated and you are given a 10 day temporary driving permit. Your license is also confiscated if you refused to take a blood alcohol test.
Following a DUI arrest in any state, it is imperative that you take immediate action to appeal the automatic suspension of your driver’s license. This suspension can take effect in just 10 days after your arrest. While your hearing is pending, you will be issued a 45-day driving permit. If your appeal is unsuccessful, then your driving privileges will be automatically suspended for a length of time that depends on the facts and circumstances of your arrest.
Just because you live in another state doesn’t mean that these administrative penalties don’t apply to you. In fact, there is twice as much effort required to defend an out of state DUI, which often requires you hire two DUI lawyers (one for each state). This is because the state that you got the DUI in reports your arrest and any administrative penalties back to your home state. You will then have to file the necessary paperwork, complete any court-ordered alcohol safety courses, and pay fines, penalties and fees in both states before your driving privileges are reinstated.
The second component of a DUI case is the criminal proceeding. This is the forum where you will either plea your charge to a lesser offense, or your case will go to trial. It affects your criminal record, and can result in you having to serve time in jail or being subject to probationary requirements.
There are several hearings before your trial, which require your in-person attendance if you do not hire a DUI attorney. If you have an attorney, however, he or she can appear on your behalf for the preliminary hearings, which can save you a substantial amount of time and money in travel costs and time off of work.
In addition to needing representation at the criminal proceedings, your attorney must also help you with problems arising from the dual reporting of your DUI arrest. If you have never had a DUI in any state before, this issue shouldn’t require too much additional work. However, if you have a prior DUI in your home state then you will be subject to penalties in your home state as a repeat offender. If you have been convicted of DUI in any state, you should disclose this information to your DUI attorney at the beginning.
Speak With an Experienced Out of State DUI Law Firm
DUIs are serious matters, and require the careful attention of an experienced professional. This is especially true for out of state DUI charges. If you or someone you love has been arrested for an out of state DUI, you need a DUI attorney who is experienced with the unique aspects of defending out of state DUI charges on your side. In addition to ensuring that you are compliant with your charges in both states, an out of state DUI attorney can also appear in court on your behalf to help protect your rights. Contact us today to schedule a free consultation and discuss your case.