Florida Criminal Offense

Driving Under the Influence

Driving or being in actual physical control of a vehicle while impaired or with an unlawful blood- or breath-alcohol level.

VariesVaries

Florida Statute

§ 316.193

Driving under the influence; penalties

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 14, 2026

Quick Summary

Confirm driving or actual physical control and the applicable impairment or alcohol-level theory. Then identify enhancement facts such as prior convictions, a minor passenger, elevated alcohol level, property damage, serious bodily injury, or death.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Baseline DUI

F.S. § 316.193(2)(a)

MisdemeanorSecond Degree

First conviction without a separate damage or injury enhancement.

Felony DUI Based on Prior Convictions

F.S. § 316.193(2)(b)1., 3.

FelonyThird Degree

Third DUI within 10 years after a prior DUI, or a fourth or subsequent DUI regardless of timing.

DUI With Property Damage or Nonserious Injury

F.S. § 316.193(3)(c)1.

MisdemeanorFirst Degree

DUI causing or contributing to damage to property or person, without serious bodily injury.

DUI With Serious Bodily Injury

F.S. § 316.193(3)(c)2.

FelonyThird Degree

DUI causing or contributing to serious bodily injury.

DUI Manslaughter

F.S. § 316.193(3)(c)3.

FelonySecond Degree / First Degree

DUI causing or contributing to death; failure to render information or aid or a qualifying prior homicide conviction can increase the degree.

Elements of the Offense

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

Element 1
AND — Required
All required
The defendant drove or was in actual physical control of a vehicle within this state.
Plain language: Prove driving or actual physical control.
Element 2
OR — Alternative
One statutory impairment track
While doing so, the defendant either was impaired by alcohol, a listed chemical substance, or a controlled substance; or had a blood- or breath-alcohol level of 0.08 or more. Any enhancement facts must also be proven.
Plain language: Prove one impairment or alcohol-level alternative, then any enhancement.

Jury Instructions

Instruction 28.1

Driving Under the Influence

Baseline DUI instruction under F.S. § 316.193(1), including applicable 0.15 alcohol-level and minor-passenger findings.

View Official Instruction