duistatelaws.com Florida Statute 316.193: the DUI statute, subsection by subsection
Section 316.193 is Florida’s DUI statute. It defines the offense in three short limbs and then spends most of its length on what follows a conviction — fines, jail, the interlock, the felony thresholds, impoundment. This page goes through it subsection by subsection.
Key takeaways
- Subsection (1) has three limbs: normal faculties impaired, 0.08 in the blood, or 0.08 in the breath — and it covers actual physical control, not only driving.
- First conviction: $500 to $1,000 and up to 6 months; second: $1,000 to $2,000, up to 9 months and an interlock for at least a year, under subsection (2)(a).
- A third, for an offense within 10 years after a prior conviction, is a third-degree felony; a fourth or later is one regardless of when the priors happened, under subsection (2)(b).
- At 0.15 or higher, or with a passenger under 18, the fines go up, and for a first or second conviction so do the maximum jail term and the mandatory interlock, under subsection (4).
- No release for 8 hours after arrest unless the person is no longer impaired or below 0.05, under subsection (9).
What section 316.193 does
Section 316.193 holds the offense and its criminal penalties in one section: the definition in subsection (1), the penalties in subsections (2) to (4), the probation and minimum terms added in (5) and (6), and several procedural rules after that. The fine, the jail time and the point at which it becomes a felony are all here; the license revocation is in chapter 322.
Subsection (1): three ways to commit the offense
A person is guilty of DUI if they are “driving or in actual physical control of a vehicle within this state” and any one of three things is true:
| Paragraph | What it requires | Number needed? |
|---|---|---|
| (1)(a) | Under the influence of alcoholic beverages, a chemical substance in section 877.111 or a controlled substance under chapter 893, “when affected to the extent that the person’s normal faculties are impaired” | No |
| (1)(b) | A blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood | Yes |
| (1)(c) | A breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath | Yes |
The first limb can be proved without a test number. The phrase “actual physical control” reaches a person who was not driving when the officer arrived.
Subsection (2): the penalties, by conviction
| Conviction | Fine | Imprisonment | Ignition interlock |
|---|---|---|---|
| First | $500 to $1,000 | Not more than 6 months | Discretionary — see the note below the table |
| Second | $1,000 to $2,000 | Not more than 9 months | At least 1 year, mandatory ((2)(a)3.) |
| Third, offense within 10 years after a prior conviction | Felony of the third degree, punished under sections 775.082 to 775.084 ((2)(b)1.) | At least 2 years | |
| Third, offense more than 10 years after a prior conviction | $2,000 to $5,000 | Not more than 12 months | At least 2 years ((2)(b)2.) |
| Fourth or later | Not less than $2,000 | Felony of the third degree, whenever the priors happened ((2)(b)3.) | — |
On top of a sentence under paragraph (a) — a first or second conviction — subsection (2)(c) lets the court order an interlock for at least 6 continuous months if the blood- or breath-alcohol level was 0.08 or higher at the time of the offense. The interlock orders in subsections (2) and (4) are “at the convicted person’s sole expense”, cover all vehicles the person leases or owns and routinely operates, and use a device the department approves under section 316.1938. The mandatory ones take effect when the person qualifies for a permanent or restricted license.
Subsection (4): 0.15 or higher, or a passenger under 18
Two facts at the time of the offense raise the penalties: a blood- or breath-alcohol level of 0.15 or higher, or being accompanied in the vehicle by a person under the age of 18. On the first, the subsection adds: “For the purposes of this subsection, only the instant offense is required to be a violation of subsection (1) by a person who has a blood-alcohol level or breath-alcohol level of 0.15 or higher.”
| Conviction | Fine | Imprisonment | Ignition interlock |
|---|---|---|---|
| First | $1,000 to $2,000 | Not more than 9 months | At least 6 continuous months, mandatory |
| Second | $2,000 to $4,000 | Not more than 12 months | At least 2 continuous years, mandatory |
| Third or later | Not less than $4,000 | Not set by (4) | Not set by (4) |
A reading of 0.15 matters before sentencing too. Section 316.656(2)(a) forbids a trial judge from accepting a plea of guilty to a lesser offense where a breath or blood test showed 0.15 percent or more, and section 316.656(1) forbids withholding adjudication of guilt for any violation of section 316.193.
Subsection (3): damage, injury and DUI manslaughter
When a person in violation of subsection (1) operates a vehicle and, by reason of that operation, causes or contributes to causing harm, the offense changes character:
- Damage to the property or person of another — a misdemeanor of the first degree ((3)(c)1.).
- Serious bodily injury to another, as defined in section 316.1933 — a felony of the third degree ((3)(c)2.).
- The death of any human being or unborn child — DUI manslaughter, a felony of the second degree; a felony of the first degree if the driver knew or should have known the crash occurred and failed to give information and render aid under section 316.062, or has a prior conviction under that subparagraph or the sections it lists ((3)(c)3.). A conviction carries a mandatory minimum of 4 years in prison.
Subsections (5) and (6): probation, community work, minimum jail and impoundment
Subsection (5) requires the court to place every offender convicted under the section on monthly reporting probation and to require a substance abuse course from a DUI program licensed under section 322.292, including a psychosocial evaluation. If the program refers the person to treatment, completing it becomes a condition of probation, and a failure to report or complete is notified to the court and the department, which then cancels the driving privilege.
| Conviction | Confinement | Community work | Vehicle impoundment or immobilization |
|---|---|---|---|
| First | — (probation of up to 1 year) | At least 50 hours | 10 days, one vehicle |
| Second, offense within 5 years after a prior conviction | At least 10 days, 48 hours of it consecutive | — | 30 days, all vehicles owned |
| Third or later, offense within 10 years after a prior conviction | At least 30 days, 48 hours of it consecutive | — | 90 days, all vehicles owned |
On a first conviction the court may instead order a fine of $10 for each hour of community work, but only if it finds the person’s residence or location at the time, or employment obligations, would create an undue hardship. On a first conviction, probation and incarceration together may not exceed 1 year. A second conviction for an offense more than 5 years after a prior one is not in the table: subsection (6) sets no minimum for it. The impoundment order can be dismissed if an owner who was not driving shows the vehicle was stolen, or was bought after the offense in a sale not meant to keep it available to the defendant, under (6)(e) and (f); if the owner’s family has no other private or public means of transportation, under (6)(g); if the vehicles are operated solely by employees of the defendant or of a business the defendant owns, under (6)(h); or if the defendant proves a functioning, certified ignition interlock is installed on every vehicle the person leases or owns and routinely operates, under (6)(i).
Release, the license hearing and prior convictions
Release. Subsection (9) says a person arrested under the section may not be released from custody until they are no longer impaired, until their blood- or breath-alcohol level is less than 0.05, or until 8 hours have elapsed since the arrest.
The license hearing stays separate. Subsection (10) says the rulings of the Department of Highway Safety and Motor Vehicles under section 322.2615 — the license review that must be requested within 10 days — shall not be considered in the criminal trial, and makes testimony and statements from that proceeding inadmissible in any criminal proceeding unless timely disclosed in criminal discovery under Rule 3.220 of the Florida Rules of Criminal Procedure.
Proving a prior. Under subsection (12), department records showing an earlier DUI conviction are enough on their own to establish it, though the evidence can be rebutted.
Civil claims. Subsection (7) says a conviction does not bar a civil suit for damages.
The revocation that follows a conviction is set in section 322.28: under 322.28(2), at least 180 days and not more than 1 year for a first conviction, at least 5 years for a second offense within 5 years after a prior conviction, at least 10 years for a third within 10 years, and permanent after a fourth conviction. Refusing a breath or urine test after the required warnings is a separate crime under section 316.1939.
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Common questions
What is Florida Statute 316.193?
It is Florida's DUI statute. Subsection (1) defines the offense: driving or being in actual physical control of a vehicle while under the influence to the extent that normal faculties are impaired, or with a blood-alcohol level of 0.08 or more grams per 100 milliliters of blood, or a breath-alcohol level of 0.08 or more grams per 210 liters of breath. Most of the rest of the section sets the penalties.
What is the penalty for a first DUI under 316.193?
A fine of $500 to $1,000 and imprisonment of not more than 6 months under subsection (2)(a). Subsection (6)(a) adds probation of up to a year with at least 50 hours of public service or community work, and a 10-day impoundment or immobilization of a vehicle, and subsection (5) requires monthly reporting probation and a substance abuse course with a psychosocial evaluation.
What does 316.193(4) mean?
It raises the penalties when the blood- or breath-alcohol level was 0.15 or higher, or when a person under 18 was in the vehicle: a fine of $1,000 to $2,000 and up to 9 months for a first conviction, $2,000 to $4,000 and up to 12 months for a second, at least $4,000 for a third or later, and an ignition interlock for at least 6 continuous months after a first offense and 2 continuous years after a second.
Is a third DUI a felony in Florida?
If the offense occurs within 10 years after a prior conviction, yes: a felony of the third degree under subsection (2)(b)1. A third more than 10 years after the prior is punished by a fine of $2,000 to $5,000 and up to 12 months. A fourth or later is a third-degree felony whenever the earlier convictions happened, under (2)(b)3.
What is DUI manslaughter under 316.193(3)?
Causing or contributing to causing the death of any human being or unborn child while driving in violation of subsection (1). It is a second-degree felony, a first-degree felony if the driver knew or should have known of the crash and failed to give information and render aid, or had a qualifying prior conviction, and it carries a mandatory minimum of 4 years in prison.
How long are you held after a DUI arrest in Florida?
Subsection (9) says a person arrested for DUI may not be released until they are no longer impaired, until their blood- or breath-alcohol level is below 0.05, or until 8 hours have passed since the arrest.
Related
- Florida DUI law — the 10-day hearing, the license revocation ladder and the refusal rules
- How much is bail for a DUI — Florida’s 2026 statewide bond schedule
- Miami · Tampa · Orange County — where a case is heard
- Vehicle Code 23152 · A.R.S. 28-1381 — the same statute in California and Arizona
Sources
- Fla. Stat. § 316.193(1)–(7), (9), (10), (12) — read in force 2026
- Fla. Stat. § 316.656(1), (2)(a) — read in force 2026
- Fla. Stat. § 322.28(2)(a), (d) — read in force 2026
- Fla. Stat. § 316.1939(1)(e), (3) — read in force 2026
- Fla. Stat. § 322.2615(1)(b)3. — read in force 2026
Statute text read on leg.state.fl.us on October 31, 2026. This page explains what the section says; it is not legal advice about any case.
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