How Prior Out-of-State DUI Convictions Can Increase Penalties in Florida

When someone is arrested for DUI in Florida, many assume that only their Florida driving history matters. But under state law, prosecutors can (and often do) use prior out-of-state DUI convictions to enhance penalties, increase fines, extend suspensions, and impose mandatory jail terms. For many people, this comes as an unwelcome surprise. Understanding how these enhancements work is essential to preparing a strong defense.

Florida treats equivalent out-of-state convictions as prior offenses

Florida Statute §316.193 allows enhanced sentencing when a defendant has “a prior conviction for driving under the influence in this state or in any other jurisdiction.” The key phrase is “any other jurisdiction.” If the prior offense is legally equivalent to a Florida DUI, courts may treat it as a qualifying conviction—even if it happened ten years ago in another state.

This means that DUIs from Georgia, Alabama, North Carolina, New York, or anywhere else can potentially elevate your case from a first offense to a second or third offense, triggering far more serious consequences.

The “Substantial Similarity Test” 

Not every out-of-state conviction automatically counts. Florida courts apply a “substantial similarity” analysis:

• If the other state’s DUI law requires the same basic elements as Florida’s statute (driving or being in actual physical control of a vehicle while impaired), the conviction may be considered valid for enhancement.
• If the other state’s DUI law is broader—for example, if you could be convicted without proof of impairment—your attorney may be able to challenge its use in Florida.

This nuance matters. In State v. McFadden, for instance, the Florida Supreme Court emphasized that the state has the burden of showing the prior offense is sufficiently similar. When prosecutors cannot meet the burden, the conviction cannot be used to enhance penalties.

How out-of-state DUIs change the stakes

• Second DUI (within 5 years) – If you had a prior DUI in the last five years, the penalties become much steeper. You’re looking at: a mandatory minimum of 10 days in jail, a driver’s license revocation of at least 5 years, mandatory ignition interlock device installation, and higher fines and a longer probation period.
• Third DUI (within 10 years) – You could face up to 5 years in state prison, a 10-year revocation of your driver’s license, vehicle impoundment, and a series of other required sanctions.

It’s also important to know that out-of-state convictions count. Even if your prior DUI happened outside the state of Florida, prosecutors can use certified conviction records from that state to trigger these enhanced penalties. Once those records are introduced, the court treats the out-of-state conviction just like one that occurred in Florida.

Talk to an Orlando, FL, DUI Attorney Today

FL DUI Group represents the interests of Orlando residents who are facing charges of DUI. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.