Florida DUI Statute 316.193 Explained in Plain English

Section 316.193, Florida Statutes, is the DUI law. Every DUI charge in Sarasota, Bradenton and the rest of the state is filed under it, and nearly every penalty, enhancement and rule about jail, probation, impoundment and the ignition interlock comes from its subsections. It is long and dense, so this page walks through it in order, in plain English, with the related definitions in section 316.1934 and the plea restrictions in section 316.656 that prosecutors and judges read alongside it. Nothing here replaces reading the statute itself or talking to a lawyer about your case; it is a map of where things are and what they mean.

Subsection (1): what the State has to prove

Section 316.193(1) defines the crime. A person is guilty of DUI if the person is driving or in actual physical control of a vehicle within the state and any one of three things is true:

(1)(a) the person is under the influence of alcohol, a chemical substance listed in section 877.111 or a controlled substance under chapter 893, "to the extent that the person's normal faculties are impaired";
(1)(b) the person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(1)(c) the person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

Three phrases carry the weight. "Driving or in actual physical control" means the State does not have to prove you were moving; sitting in the driver's seat of a parked car with the keys can be enough, which is why the sleeping in a parked car cases exist. "Vehicle" is broader than "motor vehicle": section 316.003 defines it as any device by which a person or property may be transported on a highway, which is why golf cart, scooter and bicycle DUI charges are real. And "within the state" is not limited to public roads; Florida courts apply the statute on private property too.

"Normal faculties" are defined in section 316.1934(1) as the ability to see, hear, walk, talk, judge distances, drive, make judgments, act in emergencies and generally perform the ordinary mental and physical acts of daily life. A case under (1)(a) is proved with the officer's observations, the roadside exercises and the video; a case under (1)(b) or (1)(c) is proved with a number. Most prosecutions plead both. See blew over 0.08 and field sobriety tests.

Section 316.1934: the presumptions

Section 316.1934(2) tells the jury what a test result means:

0.05 or less: presumed not under the influence of alcohol to the extent normal faculties were impaired.
More than 0.05 but less than 0.08: no presumption either way; the result is weighed with the other evidence.
0.08 or more: prima facie evidence of impairment, and a separate offense under (1)(b) or (1)(c) in its own right.

The same section requires that breath and blood tests follow methods approved by the Florida Department of Law Enforcement and be run by a permitted operator, which is where breath test and blood test challenges begin. It also lets the State introduce the breath test affidavit as a public record and provides a jury trial for anyone charged under section 316.193.

Subsection (2): the penalty tiers

Section 316.193(2) sets the fines and jail for cases that do not involve a crash or the enhancements in (4):

(2)(a) First conviction: fine of $500 to $1,000; jail up to 6 months. Second conviction: fine of $1,000 to $2,000; jail up to 9 months; ignition interlock for at least 1 year once you qualify for a license.
(2)(b)1 Third conviction within 10 years of a prior conviction: third-degree felony, up to 5 years in prison; interlock for at least 2 years.
(2)(b)2 Third conviction more than 10 years after a prior conviction: fine of $2,000 to $5,000; jail up to 12 months; interlock for at least 2 years.
(2)(b)3 Fourth or subsequent conviction: third-degree felony regardless of time elapsed; fine of at least $2,000.
(2)(c) on a first conviction with a result of 0.08 or higher, the court may order an interlock for at least 6 continuous months.

The 10-year window is measured from the date of the prior conviction to the date of the new offense. The details for each tier are on first DUI, second DUI, third DUI and Florida DUI penalties.

Subsection (3): crashes, injuries and deaths

Section 316.193(3) raises the charge when the DUI causes harm:

(3)(c)1 Property damage or injury to a person: first-degree misdemeanor, up to 12 months in jail.
(3)(c)2 Serious bodily injury as defined in section 316.1933: third-degree felony, up to 5 years in prison.
(3)(c)3 Death of a person or an unborn child, DUI manslaughter: second-degree felony, up to 15 years, with a 4-year mandatory minimum prison sentence. It becomes a first-degree felony, up to 30 years, if the driver left the scene without giving information or rendering aid under section 316.062, or, since October 1, 2025 under Trenton's Law, if the driver has a prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide or vessel homicide.

These cases are covered on DUI manslaughter and serious bodily injury and DUI crash with property damage or injury.

Subsection (4): 0.15 or higher, or a minor in the car

Section 316.193(4) replaces the (2)(a) ranges when the breath or blood level was 0.15 or higher or a person under 18 was in the vehicle: a fine of $1,000 to $2,000 and up to 9 months in jail on a first conviction; $2,000 to $4,000 and up to 12 months on a second; at least $4,000 on a third or later; and a mandatory interlock of at least 6 continuous months on a first conviction and 2 continuous years on a second. See high BAC DUI and DUI with a minor in the car.

Section 316.656: no withhold, and no plea down at 0.15

Two rules outside section 316.193 shape every plea. Section 316.656(1) forbids a court from withholding adjudication or suspending sentence on a DUI, which is why a DUI conviction is permanent and can never be sealed. Section 316.656(2)(a) forbids a judge from accepting a plea to a lesser offense when the breath or blood result was 0.15 or higher, and (2)(b) forbids it for any charge under subsection (3), DUI manslaughter or vehicular homicide. Below 0.15, with no crash, a reduction to reckless driving is legally available, and for first offenders in the Twelfth Circuit the DETER program is built around it.

Subsection (5): DUI school and treatment

Section 316.193(5) puts every convicted driver on monthly reporting probation and requires a substance abuse course from a DUI program licensed under section 322.292, including a psychosocial evaluation. If the evaluation refers you to treatment, completing it is a condition of probation at your expense. You can challenge a treatment referral only with an independent evaluation you pay for. Failing to finish the course or treatment is reported to the court and to FLHSMV, which cancels the driving privilege. See DUI school in Sarasota and Manatee.

Subsection (6): probation, community service, mandatory jail and impoundment

Section 316.193(6) is where the sentence takes shape:

(6)(a) First conviction: probation of up to 1 year, with at least 50 hours of community service; probation plus jail may not exceed 1 year; the court may convert unperformed hours to a $10-per-hour fine only for undue hardship; the vehicle is impounded or immobilized for 10 days, not while you are in jail.
(6)(b) Second conviction within 5 years: at least 10 days in jail, 48 hours of it consecutive; every vehicle you own impounded or immobilized for 30 days.
(6)(c) Third or later conviction within 10 years: at least 30 days in jail, 48 hours consecutive; impoundment or immobilization for 90 days.
The court may dismiss the impoundment when an interlock is installed on all vehicles you routinely drive, may order a sobriety monitoring program at your expense, and may credit residential treatment toward part of a jail sentence.
The last paragraph of (6) says which prior convictions count: BUI convictions under section 327.35, convictions under the former Florida DUI statutes, and convictions in other states for driving under the influence or a similar offense.

The practical experience of these conditions is on DUI probation in Florida.

Subsection (9): the hold after arrest

Section 316.193(9) says a person arrested for DUI may not be released from custody until one of three things happens: the person is no longer under the influence to the extent normal faculties are impaired, the person's blood or breath level is below 0.05, or 8 hours have passed since the arrest. In practice this is why a DUI arrestee in Sarasota or Manatee County spends most of a night in jail even when bond is available immediately. What happens between the arrest and release is on the DUI arrest process in Sarasota and in Manatee County.

The rest of the statute

The remaining subsections deal with matters that come up less often. Subsection (7) says a DUI conviction does not bar a civil suit by anyone injured. Subsection (8) requires the court to warn defendants at arraignment that a conviction will suspend or revoke the license. Subsection (10) keeps the administrative hearing out of the criminal trial: FLHSMV's rulings under section 322.2615 cannot be considered, and testimony from the formal review hearing is generally inadmissible unless it was disclosed in criminal discovery, which is one reason the hearing is also a chance to question the officer early. Subsection (11) directs FLHSMV to adopt interlock rules, and subsection (12) lets the State prove a prior conviction with FLHSMV's records unless the defense rebuts them. The implied consent rules for breath, urine and blood testing are in sections 316.1932 and 316.1933, the refusal offense is in section 316.1939, and the administrative suspension that starts at arrest is in section 322.2615, with the 10-day deadline that comes from it.

Questions people ask

What does "normal faculties impaired" mean?

Section 316.1934(1) lists the faculties: seeing, hearing, walking, talking, judging distances, driving, making judgments, acting in emergencies and performing the ordinary mental and physical acts of daily life. The State proves impairment with observations and video, not a number.

Can I be convicted of DUI without a breath test?

Yes. Section 316.193(1)(a) is proved by impairment alone. A refusal removes the number but not the charge, and since October 1, 2025 it adds a separate misdemeanor under section 316.1939.

I blew a 0.07. Is that a DUI?

Not under (1)(b) or (1)(c), which require 0.08. The State can still charge impairment under (1)(a), but at 0.07 there is no presumption of impairment under section 316.1934(2)(b), and the case rests on the officer's observations.

Does DUI apply on private property or in a parking lot?

Yes. Section 316.193(1) applies to driving or actual physical control "within this state," and Florida courts have applied it on private property.

Can a judge withhold adjudication on a DUI?

No. Section 316.656(1) prohibits it. That is why a DUI conviction can never be sealed or expunged; see can a DUI be sealed or expunged.

Is DUI always a misdemeanor?

A first or second DUI without a crash is a misdemeanor. It becomes a felony on a third conviction within 10 years, any fourth conviction, a crash causing serious bodily injury, or a death.

Call or text (941) 920-5514, nights and weekends too, or request a free consultation by phone or video with former prosecutor Daniel D. Nawara. For how these rules play out in a first case, see first DUI in Sarasota.