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Will my license be suspended in Florida if I lose my Colorado DMV hearing?
Anonymous5 views5 answers
I am a Florida resident. I received my first DUI a few weeks ago while on vacation in Colorado visiting family. My DMV hearing is a month away. My employer will terminate my employment if I do not have a valid Florida Driver License. I know Florida is part of the Driver License Compact, but will Florida suspend my license if I lose the Colorado DMV hearing? Some things I have read state they only suspend after a DUI conviction. I am confident I will beat the DUI criminal charge, but lose the DMV hearing.
William David UmanskyCriminal Defense AttorneyOrlando, FL ·
That is a great question and really best answered by the folks at DMV. I would call them but do NOT give them your personal information. You can also check the status of your Florida License using the real DMV link. I have found that sometimes there is an information delay in reporting the suspensions even though the states are part of the Compact. One thing i know for sure, is that you do NOT want to be caught on a DUI suspension here because Judges will usually give you jail time. I am not trying to scare you but I want to give you the straight scoop. Good luck to you!
I'll second Mr. Umansky's observations and add a little. States give full faith and credit (recognize) court decrees and orders. That said, a DUI conviction in CO will eventually find its way to FL. But, my experience is that out-of-state administrative license suspensions are not recognized because of the different rules and due process requirements found among the different state administrative schemes.
I would confirm this by calling FLDHSMV anonymously and document the time of the call and the name of the person with whom you spoke. Then, if your DMV hearing goes badly, check your Florida driving record on line to see if the administrative suspension appears. I've never seen an out of state administrative suspension appear. It could happen, but I doubt it.
Good luck and I hope that I've been helpful.
FL treats out of state DUI's "as if" they occurred in FL. They will require that you complete all out-of-state requirements to the standards that FL has established.
You have no right to drive in FL (or anywhere); rather, driving is a privilege.
If you do not do what FL-DMV says, when it says it, how it says it, to the "T" and without explanation or excuse then you will not be licensed in FL. It is truly that simple.
Dealing with DMV can be likened to being in a rip current. Go with it and your survival chances increase exponentially; fight it and prepare to die / drown.
That said, your best bet is to call the good folks at DMV in Tallahassee (850-617-2000). If you follow the rule of the 3 "p"'s (be patient, pleasant and polite) you will be surprised at just how knowledgeable and helpful they can be.
If you choose to listen to me (and heed my advise) then I know that I will have been helpful to you.
Most likely if and when Florida finds out about it. If they do, you will have to follow requirements of Florida DMV as well as Colorado DMV to get a permit and to get your license back.
Florida will only take action on your license if you are convicted of the Colorado DUI in criminal court. If you lose the DUI administrative hearing, but are somehow able to beat the criminal DUI case, Florida will not take any action on your license.
If you are convicted of the DUI in criminal court though, Florida will initiate an administrative suspension proceeding against you in Florida upon receiving notice of your out-of-state DUI conviction from Colorado.