Attorney Christian A. Straile, LLC
Available 24/7 | Hablo Espanol :

New York DWAI & Enhancement of Florida DUI

In the context of a Florida DUI, a Florida appellate court has interpreted Florida law as allowing a conviction to a New York charge of driving while alcohol impaired (DWAI), section 1192 (1), to be used to enhance a Florida DUI. In addition, a conviction to a New York DWAI can be used for purposes of suspending a Florida driver's license. Both Florida cases that stand for these propositions came from the 4th District Court of Appeal (DCA).

Unfortunately in this writer's opinion, there are two Districts that agree with his logic. Due to a conflict of interest, the Florida driver's license case was assigned to the 3rd DCA. The 3rd DCA, acting as the 4th, upheld the Department of Highway Safety and Motor Vehicle's (DHSMV) decision to equate a New York DWAI to a Florida DUI for purposes of suspending a Florida driver's license. This means that the 3rd essentially agrees with the 4th. The lack of inter-district conflict binds trial courts in all of Florida's 67 counties.

How your out of state (not Florida) prior alcohol related traffic offense will be viewed by the Florida courts is a question of law. The first step is to compare the elements and the second to research the case law. However, all is not what it seems; do not be misinformed or proceed without having the issue researched independently. Click, call or fill out the form for a free consultation in your Florida DUI.

Dawson v. State 19 So. 3d 1001 (3d acting as 4th DCA 2009).

Dipietro v. State 992 So. 2d 880 (4th DCA 2008).

No Comments

Leave a comment
Comment Information
Email Us For A Response
Firm Logo Small

Learn How I Can Help You

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Gainesville Office
1031 NW 6th Street
Unit A-2
Gainesville, FL 32601

Toll Free: 877-219-1875
Phone: 352-371-9141
Fax: 352-371-9142
Map & Directions

Mailing Address
PO Box 5355
Gainesville, FL 32627

Toll Free: 877-219-1875
Fax: 352-371-9142

Ocala Office
108 N. Magnolia Avenue
Suite 501
Ocala, FL 34475

Map & Directions

  • Location
    Mailing Address
  • Location
    Gainesville Office
  • Location
    OCALA - By Appointment