DUI Arrest in Florida for a Foreign Visitor Living Abroad

Attorney Answer

He very likely does not have to fly back to Key West for the December 5 arraignment — Florida lets defense counsel file a written not-guilty plea instead — but the visa exposure is the part that outlasts the criminal case, and it moves on its own track.

The governing law. Fla. R. Crim. P. 3.180 is titled "Presence of Defendant." Subdivision (a)(2) requires the defendant to be present "when a plea is made, unless a written plea of not guilty shall be made in writing under the provisions of rule 3.170(a)." That cross-reference is the mechanism: a Florida lawyer who files a written not-guilty plea under Rule 3.170(a) relieves an out-of-country defendant of appearing at arraignment. It must be filed before the date, and it does not excuse later court appearances unless the judge says so.

On the immigration side, 22 C.F.R. § 41.122 is titled "Revocation of visas." Subsection (a) provides that "a consular officer, the Secretary, or a Department official to whom the Secretary has delegated this authority is authorized to revoke a nonimmigrant visa at any time, in his or her discretion," and subsection (b)(2) authorizes provisional revocation while the Department considers information bearing on the holder's eligibility. Read that carefully. It is discretionary, it does not wait for a conviction, and it does not depend on the outcome in Monroe County. A visa can be revoked while the criminal case is still open and while he is outside the country — and people usually discover it at airline check-in or at the border.

Two separate tracks. The criminal case in Key West, the Florida driver-licence suspension, and the visa are three different proceedings with three different decision-makers. Winning one does not resolve the others. A dismissal in criminal court does not automatically restore a driving privilege or un-revoke a visa.

What you can do

1. Retain Monroe County criminal defence counsel this week, not on December 4. Ask them specifically to file the written not-guilty plea under Rule 3.170(a) and any waiver-of-appearance the court requires. 2. Retain immigration counsel in parallel and have the two lawyers talk before any plea is entered. What resolves the criminal case most cheaply is often the worst option for the visa. 3. Pull out the paperwork he was given at the jail. One of those documents is the notice about his driving privilege, and it carries its own deadline to demand a formal review (see below). 4. Confirm his bond conditions in writing — some Florida bonds restrict leaving the jurisdiction or require surrender of a passport. 5. Give the court and his lawyer a reliable overseas address and email. Notices sent to a Florida address he does not have are how people end up with a bench warrant. 6. Do not attempt to re-enter the United States, or apply for a new visa, on the assumption that an open case is invisible. Ask immigration counsel first.

⏱ Time limits apply. Two clocks are already running. The administrative licence case is the shorter one: the notice he was handed at arrest also acts as a temporary permit, and the window to demand a formal review of the suspension is measured in days from that notice, not weeks — the exact number is printed on the document and counsel should calendar it immediately. That window will usually close before a criminal court date arrives. The arraignment itself is December 5, and Fla. R. Crim. P. 3.180 only helps if the written plea is on file beforehand. The exact deadlines turn on the dates on his own paperwork.