Is my son's DUI third offense valid in Kentucky?

Q: How does Kentucky treat old DUI offenses?

In Kentucky, DUI offenses are considered for a period of five years. If an offense occurred more than five years ago, it typically won't be counted against you for legal purposes. However, any DUI offenses within the five-year period will still be relevant and can impact your driving record and legal standing.

Q: Can Florida charge me for DUIs from another state?

Yes, Florida can charge you for DUIs that occurred in other states if they are reported to Florida authorities. They consider your entire driving record, including offenses from other states, when determining your status as a habitual traffic offender.

Q: What is a habitual traffic offender in Florida?

A habitual traffic offender in Florida is defined as someone who has three or more convictions for certain offenses, including DUIs, within a five-year period. This classification can lead to severe penalties, including license suspension and increased fines.

Full question:

My son has a DUI in Florida. They are going back 10 years on his record and charging him with his 3rd offense. Is this 3rd offense still valid in Kentucky? All the offenses except one are in Kentucky, which is his legal residence; however, one of them is past 5 years old and thus no longer considered in Kentucky.

Category: Criminal
Date: 04/07/2025
State: Kentucky

Answer:

In Florida, a nonresident's driving privileges can be suspended or revoked for offenses committed in the state, similar to residents. If a nonresident driver is convicted of a DUI, Florida can report that conviction to the driver's home state (Fla. Stat. § 322.23).

A 'habitual traffic offender' in Florida is defined as someone with three or more convictions for certain offenses within a five-year period. This includes DUIs and other serious violations (Fla. Stat. § 322.264).

In Kentucky, DUI offenses can affect a driver's record for a period of time. If one of your son's offenses is older than five years, it may not be considered in Kentucky, but the other offenses could still be relevant. Therefore, while Florida may charge him based on his entire record, Kentucky may only consider the offenses that fall within their timeframe.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if I get a DUI in Florida as a nonresident?

If you are a nonresident and receive a DUI in Florida, your driving privileges can be suspended or revoked. Florida may report this conviction to your home state, which could affect your driving record there. It's important to understand that each state has its own laws regarding DUI offenses and how they impact your driving status.