Is my license still valid if I got pulled over for a DUI but haven't been charged for it yet?

Asked almost 5 years ago - Navarre, FL

I got pulled over in Florida with a Wisconsin's drivers license for a DUI... I haven't been charged with a DUI yet because that court date hasn't come up yet. I just had my admin review and my license is supposedly going to be suspended for a year. My temp. paper license expires this Friday, but I received a duplicate license from my home state WI so I would at least have some ID. I am wondering if I got pulled over between the expiration of my temp. paper license and my court date if I would get in trouble seeing I haven't technically been charged with a DUI yet? Also how could my WI license be suspended in FL when I don't even have a FL ID? Please help!

Attorney answers (4)

  1. Lloyd Harris Golburgh

    Contributor Level 11

    Answered . florida issued you a driver's license number (not a driver's license) when you were arrested here in florida. they will impose a suspension of your driving privilege (not your actual license) here. florida will then notify wisconsin that it has imposed a suspension for refusal. wisconsin may or may not impose it's own penalty for refusal or will simply impose the same penalty florida did. it's best to call the dmv in the county where you live in wisconsin and ask if they take action on a wi licensee who refused a breath test in florida.

  2. Don Waggoner

    Pro

    Contributor Level 17

    Answered . If you were arrested in Florida for DUI, you were charged with it at that point. The ticket acts as the charging document, whether or not a court date has been set. Once your temporary license expires, your privileges in Florida to drive also expire. I don't know about Wisconson, but I suspect it is the same, even if they gave you a temporary license. Check with them. If you drive with a suspended license, you are subject to being arrested.

  3. Stephen Andrew Mosca

    Contributor Level 17

    Answered . All the above advice should be taken. The bottom line is this: If you are caught driving in Florida while your privilege is suspended, you will be arrested. The only way you won't is if the police car that stops you has a non-functioning computer for some reason.

    If you show a Wisconsin license, you may very well be charged with carrying a non-valid license, a violation in Florida, as well as have that license confiscated.

    You need to apply for a hardship license in Florida as soon as possible, obtain a Florida ID card, and get in touch with Wisconsin to check on your status in that State.

  4. Evan A. Watson

    Pro

    Contributor Level 13

    Answered . As a starting reference you need to keep in mind a few major points. First, many states have a administrative suspension set-up like the one you are referring to. This can happen before you ever show up to court, or before a prosecutor has even "accused", or filed your criminal charges. For instance, in Georgia, our DMV (DDS) can and will suspend you driver's license before you ever step into a Georgia courtroom- it happens all the time.

    The second big point is this: many states now transmit by computer, or share information between their DMV's. So its very possible, for instance, that a FL suspension of your license will be transmitted to your home state of Wisconsin. Of course, Wisconsin will ultimately decide what they want to do with your license.

    As a third point- even if you have a valid plastic license, many states also have the ability to see if your license is actually valid or not. For instance, you may have a Wisconsin license, but if Georgia has suspended you- then a police officer running your license in Georgia will see that your suspended- and jail is the next stop.

    Please remember, this is a general starting point for you- its not to be construed as legal advice. By far, the most wise thing to do is consult with a Wisconsin attorney that knows how Wisconsin treats DUIs from other states. Secondarily, you may need to consult a FL DUI attorney who knows FL law and how it will apply. The state-to-state situations get very convoluted and involved, requiring time and skill to figure out the most likely outcome. Hope this helps.

    EW

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