Reader’s Question:

My friend has an out-of-state driver’s license and just having a vacation here in Gainesville, Florida. The other night, she has just been arrested for DUI. How will this DUI arrest affect her since she’s licensed from out-of-state?

Lily

Gainesville, FL

The state of Florida actually cannot suspend your friend’s out-of-state driver’s license if she was arrested for DUI in Gainesville, Florida. Only her home state can actually suspend her license. The state of Florida can only suspend her privilege to drive in Florida. If she is unsuccessful at the administrative hearing, it may result in a suspension of driving privileges in Florida if she refused to submit to the police officer’s request for a breath, blood or urine test. This may or may not cause her to have her driver’s license suspended in her home state.

The protocol for processing a notification of a refusal report is different in each state. The state of Florida is obligated to send such notice to her licensing state. Some states do not take adverse action against the driver’s license in the non-resident driver’s home state for a “refusal” to be tested; for an over the limit blow; or a blood or urine test that tests positive for drugs/over the limit alcohol in Florida.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer