Can I Get My DUI Case Moved to Florida?

By Jonathan Blecher on July 7, 2016

If it’s one thing about people, a lot of us move around, especially when such a move is for a new job, or to attend a college out of state. That being said, it’s not uncommon for people to get a DUI in one state, and then move to another state while their DUI is pending in the courts.

In California for example, the DA has one year to file charges for a misdemeanor DUI. So, it wouldn’t be out of the ordinary for a California resident to be arrested for DUI, and then move to Miami before the prosecutor in Los Angeles even filed charges.

What if you were arrested or even convicted of DUI in another state, such as California, and you moved to Miami-Dade County, can you get your case transferred?

Living in Florida After a DUI in Another State

The answer depends on your individual circumstances. If your DUI case is still pending in LA, you will need to resolve your case in California. It cannot be transferred while it’s still pending because there is no way under Florida law that you can have your prosecution transferred here.

On the other hand, if your California DUI is resolved and you’re on probation, there is a way to have your probation/supervision transferred to Florida, providing California and Florida reach an agreement, allowing you to accomplish this.

Usually in this scenario, when someone’s case is closed and they are on probation, they can either comply by mail, or have their probation transferred to Miami-Dade County so they can complete the terms of their probation locally.

Whether your case is still pending in LA, or you’re already on probation (which is standardly 3 years in California), it’s important that you contact a local DUI attorney to help explain these issues because if you fail to address the situation, California can issue a warrant for your arrest, and that’s the last thing you want to have happen.

If you live in Florida now, but you have a DUI case in another state, I encourage you to contact my Miami DUI defense firm to get the legal advice you need. Call today for a free consultation!