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.
Florida Statute
§ 316.193
Driving under the influence; penalties
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)
First conviction without a separate damage or injury enhancement.
Felony DUI Based on Prior Convictions
F.S. § 316.193(2)(b)1., 3.
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.
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.
DUI causing or contributing to serious bodily injury.
Elements of the Offense
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 1AND — 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 2OR — 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
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 InstructionVerified against the official instruction source: September 14, 2026
Instruction 28.1(a)
Driving Under the Influence Causing or Contributing to Property Damage or Injury
Use for the property-damage or nonserious-injury DUI track.
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 28.2
Felony Driving Under the Influence
Use for an applicable felony DUI based on qualifying prior convictions.
View Official InstructionAdditional Notes
Additional Notes
Field Check
Separate probable-cause observations from chemical-test evidence. Use the applicable implied-consent warning and preserve body-camera, driving-pattern, field-sobriety, breath, blood, and urine evidence.