Overview of Florida’s DUI Law
Florida Statute § 316.193 is one of the most frequently charged criminal statutes in the state. It criminalizes operating a motor vehicle while impaired by alcohol, chemical substances, or controlled substances. The statute also applies to anyone with a blood-alcohol level (BAL) of .08 or higher, or a breath-alcohol level (BrAL) of .08 or higher.
A key concept in Florida DUI law is “actual physical control.” You do not need to be actively driving to be charged. If you are in a vehicle with the ability to operate it—for example, sitting in the driver’s seat with the keys in the ignition—you can be arrested and charged under this statute.
Elements of the Offense
To secure a conviction under § 316.193, the prosecution must prove beyond a reasonable doubt that:
- The defendant drove or was in actual physical control of a vehicle.
- While driving or in actual physical control, the defendant was under the influence of alcohol, a chemical substance, or a controlled substance to the extent that their normal faculties were impaired, or had a BAL/BrAL of .08 or higher.
“Normal faculties” include the ability to see, hear, walk, talk, judge distances, make judgments, and act in emergencies. Impairment of any of these can satisfy the second element.
Penalties by Degree
First Offense (Misdemeanor)
- Up to 6 months in jail (up to 9 months if BAL .15 or higher, or if a minor was in the vehicle)
- Fines of $500–$1,000 ($1,000–$2,000 with enhanced BAL or minor in vehicle)
- License revocation for 180 days to 1 year
- 50 hours of mandatory community service
- 10-day vehicle impoundment
- Completion of DUI school
- Possible ignition interlock device requirement
Second Offense
- If within 5 years: mandatory minimum 10 days in jail, up to 9 months; fines of $1,000–$2,000; 5-year license revocation; mandatory ignition interlock for at least 1 year
- If more than 5 years: up to 9 months in jail; fines of $1,000–$2,000; license revocation for 180 days to 1 year
Third Offense
- If within 10 years of second conviction: third-degree felony, up to 5 years in prison, mandatory minimum 30 days in jail, $2,000–$5,000 fine, 10-year license revocation
- If more than 10 years: misdemeanor, up to 12 months, $2,000–$5,000 fine
Fourth or Subsequent Offense
- Always a third-degree felony regardless of when prior offenses occurred
- Up to 5 years in prison, $2,000–$5,000 fine, permanent license revocation
DUI with Serious Bodily Injury (§ 316.193(3)(c)(2))
A DUI that causes serious bodily injury to another person is a third-degree felony punishable by up to 5 years in prison.
DUI Manslaughter (§ 316.193(3)(c)(3))
A DUI causing the death of any person is a second-degree felony punishable by up to 15 years in prison, with a mandatory minimum of 4 years. If the driver knew or should have known the crash occurred and failed to render aid, it becomes a first-degree felony punishable by up to 30 years.
Adjudication Withheld
Florida is unique in allowing courts to “withhold adjudication”—finding sufficient evidence of guilt but choosing not to formally convict the defendant. For DUI specifically, adjudication can only be withheld on a first offense. Under § 316.656, a court may not withhold adjudication for a second or subsequent DUI.
How Our Data Relates
Our database tracks DUI case outcomes across all 67 Florida counties. You can see how guilty rates, dismissal rates, and adjudication withheld rates vary from county to county—valuable context for understanding how DUI enforcement and prosecution differ across jurisdictions. Some counties prosecute DUI far more aggressively than others, and the data reveals those patterns.