Q: What are the education requirements for a DUI coming from CA to FL?
Had a DUI last OCT. Had a wet reckless 9 1/2 yrs ago. Since it's within 10 years, in CA it's considered my second. The CA court says I have to be in a 3 month education/group plan. CA DMV says it has to be 18 months. I drive with a IID device in the car now. If I move from CA to FL how would this work. And would I be able to get a FL license?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
If you move from California to Florida with a DUI on your record, you may need to meet certain requirements in order to obtain a driver's license in Florida.
In Florida, if you have a DUI conviction from another state, you may be required to complete a DUI program that is equivalent to Florida's DUI program. The exact requirements will depend on the specific circumstances of your case and the laws in both California and Florida.
To find out what requirements you will need to meet, you should contact the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and provide them with information about your DUI conviction in California. The DHSMV will be able to advise you on what steps you need to take to obtain a Florida driver's license.
It's important to note that Florida has strict DUI laws, and if you have multiple DUI convictions, you may face additional penalties and restrictions. It's important to consult with an experienced DUI attorney in Florida to understand your legal rights and options.
A: Since Florida is part of the interstate compact, they will respect California's requirements for a 2nd DUI. In other words, you will need to complete the SB-38 (18-month program) before you are eligible to get your license back. And the SB-38 must be a California program (not a Florida equivalent). On the other hand, if you are moving away from California for good, you may considering filing a "Termination of Action" in California. That would free you from California's requirements, but prevent you from applying for a California license for 3 years. You should talk to a lawyer in Florida about whether a Termination of Action in California allows you to start afresh in Florida.
A: You will need to enroll in the 18-month multiple conviction program. The "wet" is priorable meaning it counts as DUI when charged with another. However, if you enroll in the 18-month MCP and get an ignition interlock device on your car California will remove any hold on your license and you will have whats called and IID restricted license. You can drive anywhere with one.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
