The short answer
Section 316.193, Florida Statutes, is Florida's DUI law. It defines DUI as driving or being in actual physical control of a vehicle while your normal faculties are impaired, or with a blood or breath alcohol level of 0.08 or more, and it sets the penalties.
What Florida statute covers DUI?
§ 316.193, Florida Statutes, is the Florida law that covers DUI (driving under the influence). It makes it a crime to drive, or be in actual physical control of a vehicle, while alcohol or drugs impair your normal faculties, or with a blood or breath alcohol level of 0.08 or higher. It also sets the penalties.
This is a lot to take in, but knowing the law's number helps you read your paperwork and ask good questions. The citation is printed on your citation or arrest papers. The source is the 2026 Florida Statutes published by the Florida Legislature (text checked as of October 2026).
"Actual physical control" means you could drive the vehicle, even if it was parked. "Normal faculties" are things like seeing, hearing, walking, talking and judging distances.
What does § 316.193 say?
Subsection (1) lists three ways to commit DUI. Any one is enough. The statute says a person is guilty of DUI if the person is driving or in actual physical control of a vehicle in Florida 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." (§ 316.193(1), Florida Statutes, 2026)
The same statute sets the punishment. For a first conviction, these are the key figures in § 316.193:
- Fine: $500 to $1,000, under subsection (2)(a)
- Jail: up to 6 months, under subsection (2)(a)
- High BAC or a child in the car: $1,000 to $2,000 and up to 9 months, if your level was 0.15 or higher or a passenger was under 18, under subsection (4)
- Probation: up to 1 year, with at least 50 hours of community service, under subsection (6)(a)
- Vehicle: impounded or immobilized for 10 days, under subsection (6)(a)
- DUI school: a licensed substance abuse course with an evaluation, under subsection (5)
For the full picture of a first offense, see the penalties for a first-time DUI in Florida.
| Statute | What it covers | Key figure |
|---|---|---|
| § 316.193 | The DUI crime and its court penalties | 0.08 BAC; first conviction up to 6 months in jail |
| § 322.2615 | License suspension right after arrest | 6 months for 0.08 or more; 1 year for a first test refusal; 10 days to ask for review |
| § 322.2616 | Drivers under 21 | 0.02 or higher; 6-month suspension for a first violation |
| § 322.28 | License revocation after a conviction | 180 days to 1 year for a first conviction |
What other Florida laws apply to a DUI?
Two separate cases usually start after a DUI arrest. The criminal case runs under § 316.193 in county court. The license case runs under Chapter 322 with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
- Injury or property damage: a DUI that damages property or hurts someone is a first-degree misdemeanor under § 316.193(3)(c)1.
- DUI manslaughter: a DUI that causes a death is a felony with a 4-year minimum prison term under § 316.193(3)(c)3.
- Second conviction: a second DUI within 5 years brings at least 10 days in jail under § 316.193(6)(b).
Deadline: Under § 322.2615, you have 10 days from the date of your notice of suspension to ask FLHSMV for a review hearing. Asking does not pause the suspension.
To see how the two cases fit together, read what happens when you get a DUI for the first time in Florida.
When should you talk to a DUI lawyer?
Talk to a lawyer soon after the arrest, ideally before the 10-day deadline passes. A lawyer can check the stop, the tests and the paperwork for problems.
- Find the statute number on your citation.
- Write down the date on your notice of suspension.
- Decide whether to request a review hearing within 10 days.
- Call a DUI lawyer to discuss your options.
Read should I get a lawyer for a DUI in Florida and how much a DUI lawyer costs in Florida. You can find lawyers in the DUI and DWI directory.
Frequently asked questions
What happens when you get a DUI for the first time in Florida?
Two cases usually start. The officer takes your license and gives you a 10-day temporary permit, starting the FLHSMV suspension case under § 322.2615. Separately, you face a criminal case in county court under § 316.193, with possible fines of $500 to $1,000, probation, DUI school and up to 6 months in jail.
Is your license immediately suspended after a Florida DUI?
Yes. Under § 322.2615, the suspension starts the day the notice is issued. If you qualify, the officer gives you a 10-day temporary permit. The suspension is 6 months for a first 0.08 or higher result and 1 year for a first test refusal. You can ask for a review within 10 days.
Can I go to jail for my first DUI in Florida?
Yes, but it is not required in most first cases. § 316.193(2)(a) allows up to 6 months in jail for a first conviction. That rises to 9 months if your level was 0.15 or higher or a child under 18 was in the car. Total probation and jail cannot exceed 1 year.
How much does a first DUI cost in Florida?
$500 to $1,000 is the fine range for a standard first conviction under § 316.193(2)(a), or $1,000 to $2,000 with a 0.15 or higher level or a minor in the car. Court costs, DUI school, towing and impound, higher insurance and lawyer fees add more, and those amounts vary by county.
Can I be charged with DUI below 0.08 in Florida?
Yes. § 316.193(1)(a) makes it DUI to drive while alcohol or drugs impair your normal faculties, whatever your number. The 0.08 level is only one way to prove DUI. Drivers under 21 also face a 6-month license suspension at 0.02 or higher under § 322.2616.
Sources
- The 2026 Florida Statutes, Section 316.193: Driving under the influence; penalties, Florida Legislature (Online Sunshine)
- The 2026 Florida Statutes, Section 322.2615: Suspension of license; right to review, Florida Legislature (Online Sunshine)
- The 2026 Florida Statutes, Section 322.2616: Suspension of license; persons under 21 years of age, Florida Legislature (Online Sunshine)
- The 2026 Florida Statutes, Section 322.28: Period of suspension or revocation, Florida Legislature (Online Sunshine)