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Orlando Criminal Attorney > Blog > Criminal Defense > What Happens If You Are Arrested While On Vacation In Orlando?

What Happens If You Are Arrested While On Vacation In Orlando?


Orlando is open once again and the hottest spots such as Walt Disney World, Universal Studios, and Epcot are open and busy. People are starting to travel to Florida again from other states, and other countries. The majority of these visitors will leave with only good memories of all that Orlando has to offer. Some, unfortunately, may find themselves facing criminal charges, even if they have not committed a crime. So, what happens if you are arrested while on vacation in Orlando?

Understanding Jurisdiction

Law enforcement agencies and the courts operate in what are known as jurisdiction. Florida State police and the state prosecution have jurisdiction within the state’s borders. So, if you are arrested and charged with a crime such as retail theft in Orlando, you will be arrested in the city and prosecuted by the state in the Orlando courts.

Law enforcement and the state prosecution generally do not have jurisdiction over crimes that happen in another state. However, this is not always the case. For example, if someone came to Florida to take their child back to their home state, child endangerment charges could apply. As long as the child was a resident within Florida’s jurisdiction, the Florida state police and prosecution could pursue charges.

Being Arrested for a DUI while On Vacation in Orlando

Driving under the influence is a very common criminal offense in Orlando and sometimes, it is people that live outside of the state that are charged with the crime. DUI cases will also be pursued by law enforcement agencies and the prosecution in Orlando, but these cases are a bit more complicated than that.

If you are arrested for a DUI in Orlando, the arrest and any subsequent conviction are entered into a national database. This means if you leave Florida and are charged with another DUI in your home state, it will still count as your second DUI and not your first. As such, you will likely face much harsher penalties. There is also no way to erase the DUI from your permanent record.

If you are arrested for a DUI, your driver’s license is also automatically suspended in Florida. You have only ten days to take action, so you must act immediately. The driver’s license suspension will also remain on your driving record, even when you go back to your home state and after the suspension has been entered into the database.

There are only a few states that do not recognize DUIs from out of state and these include:

  • Georgia
  • Massachusetts
  • Michigan
  • Tennessee
  • Wisconsin

Our Criminal Defense Lawyers in Orlando Can Help You Beat Your Charges

If you have been arrested or charged with a crime while in Florida, our Orlando criminal defense lawyers at O’Mara Law Group can explain the state laws and how they apply to your case. Call us today at 407-898-5151 or fill out our online form to schedule a consultation and to learn more about how we can help you beat your charges.


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