Official text
Read the wording of section 316.193 as published by The Florida Senate.
What this section covers
Section 316.193 makes it an offense to drive, or be in actual physical control of, a vehicle in Florida while under the influence of alcohol or certain substances to the extent that normal faculties are impaired, or with a blood- or breath-alcohol level of 0.08 or higher.
Penalties in the statute
- First conviction: a fine of $500 to $1,000 and up to 6 months in jail.
- Second conviction: a fine of $1,000 to $2,000 and up to 9 months in jail.
- Third conviction within 10 years of a prior one: third-degree felony.
- Fourth or later conviction: third-degree felony with a fine of at least $2,000.
- Alcohol level of 0.15 or higher, or a passenger under 18: higher fines and longer maximum jail terms.
- Crash causing property damage or injury: first-degree misdemeanor. Serious bodily injury: third-degree felony. Death (DUI manslaughter): second-degree felony, or first-degree in the circumstances the statute lists.
The section also provides for probation, community service, vehicle impoundment, and ignition interlock devices. Our guide to DUI in Florida explains these and the separate administrative license suspension.