DUI Penalties, Priors & Felony DUI

What if my prior DUI was in another state?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
It can count — but whether it does depends on what the other state's offense actually required, and that's litigable.

Out-of-state convictions can serve as priors in Florida, and the State will generally treat them that way without much analysis.

The question worth asking is whether the out-of-state offense is substantially similar to Florida's. States define impaired driving differently — different thresholds, different elements, different treatment of actual physical control, and in some states offenses that Florida wouldn't recognize as equivalent at all.

Beyond that, the record itself has to hold up. What the State needs is proof of a valid prior conviction, and older out-of-state records are frequently incomplete. Whether the person was represented, whether the plea was properly taken, whether the identity matches — all of it has to be established rather than assumed.

This matters most where a prior moves a case from misdemeanor to felony, or triggers a mandatory minimum. The difference between a qualifying prior and a non-qualifying one can be several years of exposure.

An old conviction from another state is worth challenging, not conceding. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.