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Florida Statutes § 316.193

Driving under the influence; penalties.

Florida DUI statute · Checked against the official text September 10, 2026 · How we research and review these pages

What this section governs

Florida's DUI offense — impairment or a 0.08 level — its fine, jail and interlock tiers, injury felonies and DUI manslaughter.

Plain-language summary

Section 316.193 defines the Florida DUI offense and its penalties. Under subsection (1) a person is guilty of driving under the influence if, while driving or in actual physical control of a vehicle in the state, the person is under the influence of alcoholic beverages, a chemical substance set forth in s. 877.111 or a substance controlled under chapter 893 to the extent the person's normal faculties are impaired, or has 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. Subsection (2)(a) punishes an ordinary conviction with a fine of $500 to $1,000 and up to 6 months of imprisonment for a first conviction and $1,000 to $2,000 and up to 9 months for a second, and on a second conviction requires an approved ignition interlock device for at least 1 year, at the person's sole expense, on all vehicles the person leases or owns and routinely operates, once the person qualifies for a permanent or restricted license. Subsection (2)(b) turns on a 10-year window, and not every third conviction clears it: a third conviction for an offense that occurs within 10 years after a prior conviction is a third-degree felony, with an interlock for at least 2 years, while a third conviction for an offense more than 10 years after the prior carries no felony designation in that paragraph at all — instead a $2,000 to $5,000 fine, up to 12 months of imprisonment and the same 2-year interlock. A fourth or subsequent conviction is a third-degree felony no matter when the priors occurred, with a fine the section says may be not less than $2,000. Subsection (2)(c) lets the court add an interlock for at least 6 continuous months where the person's blood- or breath-alcohol level was .08 or higher at the time of the offense. Subsection (4) raises the penalty when that level was 0.15 or higher or a passenger under 18 was in the vehicle: fines of $1,000 to $2,000 for a first conviction, $2,000 to $4,000 for a second and not less than $4,000 for a third or subsequent; imprisonment of up to 9 months for a first and up to 12 months for a second; and a mandatory interlock for at least 6 continuous months on a first offense and at least 2 continuous years on a second. Under subsection (3), a driver in violation of subsection (1) who by reason of operating a vehicle causes or contributes to causing damage to the property or person of another commits a first-degree misdemeanor; serious bodily injury, a third-degree felony; and the death of a human being or unborn child, DUI manslaughter — a second-degree felony, or a first-degree felony where the person knew or should have known the crash occurred and failed to give information and render aid as s. 316.062 requires, or where the person has a qualifying prior conviction — with a mandatory minimum term of 4 years of imprisonment for DUI manslaughter. Subsection (6) adds, whatever penalty subsections (2) to (4) impose: for a first conviction, probation of up to 1 year with at least 50 hours of public service or community work (convertible to a $10 per hour fine only on a finding of undue hardship) and a 10-day impoundment or immobilization of the vehicle involved or one vehicle registered to the defendant; for a second conviction for an offense within 5 years of a prior conviction, imprisonment of at least 10 days, of which at least 48 hours must be consecutive, and a 30-day impoundment of all vehicles the defendant owns; and for a third or subsequent conviction for an offense within 10 years of a prior conviction, imprisonment of at least 30 days, again with at least 48 consecutive hours, and a 90-day impoundment. That 5-year window is subsection (6)'s own clock for the second-conviction jail minimum, separate from the 10-year window subsection (2)(b) uses to decide whether a third conviction is a felony. Impoundment may not run concurrently with incarceration. Subsection (9) bars release from custody until the person is no longer impaired, or the blood- or breath-alcohol level is below 0.05, or 8 hours have elapsed since the arrest. Two limits on what this section decides: the felony tiers name no maximum term or fine, which ss. 775.082, 775.083 and 775.084 set instead; and while subsection (6)(b) and (c) run the impoundment concurrently with the driver license revocation imposed under s. 322.28, they never say how long that revocation lasts, so no license period can be read off this section.

Official text (excerpt)

316.193 Driving under the influence; penalties.— (1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and: (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired; (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath. (2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished: 1. By a fine of: a. Not less than $500 or more than $1,000 for a first conviction. b. Not less than $1,000 or more than $2,000 for a second conviction; and 2. By imprisonment for: a. Not more than 6 months for a first conviction. b. Not more than 9 months for a second conviction. 3. For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The portion of a fine imposed in excess of $500 pursuant to sub-subparagraph 1.a. and the portion of a fine imposed in excess of $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund. (b)1. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. 2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. The portion of a fine imposed in excess of $2,500 pursuant to this subparagraph shall be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. 3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not less than $2,000. The portion of a fine imposed in excess of $1,000 pursuant to this subparagraph shall be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund. (c) In addition to the penalties in paragraph (a), the court may order placement, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 for at least 6 continuous months upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person if, at the time of the offense, the person had a blood-alcohol level or breath-alcohol level of .08 or higher. (3) Any person: (a) Who is in violation of subsection (1); (b) Who operates a vehicle; and (c) Who, by reason of such operation, causes or contributes to causing: 1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 2. Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. The death of any human being or unborn child commits DUI manslaughter, and commits: a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if: (I) At the time of the crash, the person knew, or should have known, that the crash occurred; and (II) The person failed to give information and render aid as required by s. 316.062. c. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person has a prior conviction under this subparagraph, s. 327.35(3)(a)3.c., s. 782.071, or s. 782.072. For purposes of this subsection, the term “unborn child” has the same meaning as provided in s. 775.021(5). A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years. (4) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished: (a) By a fine of: 1. Not less than $1,000 or more than $2,000 for a first conviction. 2. Not less than $2,000 or more than $4,000 for a second conviction. 3. Not less than $4,000 for a third or subsequent conviction. (b) By imprisonment for: 1. Not more than 9 months for a first conviction. 2. Not more than 12 months for a second conviction. 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. The portion of a fine imposed in excess of $1,000 pursuant to subparagraph (a)1. and the portion of a fine imposed in excess of $2,000 pursuant to subparagraph (a)2. or subparagraph (a)3., shall be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund. (c) In addition to the penalties in paragraphs (a) and (b), the court shall order the mandatory placement, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person for not less than 6 continuous months for the first offense and for not less than 2 continuous years for a second offense, when the convicted person qualifies for a permanent or restricted license.

[…] (6) With respect to any person convicted of a violation of subsection (1), regardless of any penalty imposed pursuant to subsection (2), subsection (3), or subsection (4): (a) For the first conviction, the court shall place the defendant on probation for a period not to exceed 1 year and, as a condition of such probation, shall order the defendant to participate in public service or a community work project for a minimum of 50 hours. The court may order a defendant to pay a fine of $10 for each hour of public service or community work otherwise required only if the court finds that the residence or location of the defendant at the time public service or community work is required or the defendant’s employment obligations would create an undue hardship for the defendant. However, the total period of probation and incarceration may not exceed 1 year. The court must also, as a condition of probation, order the impoundment or immobilization of the vehicle that was operated by or in the actual control of the defendant or any one vehicle registered in the defendant’s name at the time of impoundment or immobilization, for a period of 10 days or for the unexpired term of any lease or rental agreement that expires within 10 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant. The impoundment or immobilization order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or paragraph (h). (b) For the second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 10 days. The court must also, as a condition of probation, order the impoundment or immobilization of all vehicles owned by the defendant at the time of impoundment or immobilization, for a period of 30 days or for the unexpired term of any lease or rental agreement that expires within 30 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant and must occur concurrently with the driver license revocation imposed under s. 322.28(2)(a)2. The impoundment or immobilization order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or paragraph (h). At least 48 hours of confinement must be consecutive. (c) For the third or subsequent conviction for an offense that occurs within a period of 10 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 30 days. The court must also, as a condition of probation, order the impoundment or immobilization of all vehicles owned by the defendant at the time of impoundment or immobilization, for a period of 90 days or for the unexpired term of any lease or rental agreement that expires within 90 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant and must occur concurrently with the driver license revocation imposed under s. 322.28(2)(a)3. The impoundment or immobilization order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or paragraph (h). At least 48 hours of confinement must be consecutive.

[…] (9) A person who is arrested for a violation of this section may not be released from custody: (a) Until the person is no longer under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893 and affected to the extent that his or her normal faculties are impaired; (b) Until the person’s blood-alcohol level or breath-alcohol level is less than 0.05; or (c) Until 8 hours have elapsed from the time the person was arrested.

Source: Florida Legislature (flsenate.gov), accessed September 10, 2026. The excerpt is reproduced verbatim; read the full section on the official site before relying on it.

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