Florida Criminal Offense

Driving Under the Influence

Arrest exception may apply

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

CriminalVariesVaries

Florida Statute

§ 316.193

Driving under the influence; penalties

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 14, 2026

Warrantless Arrest Authority

Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.

Criminal traffic offenses connected with a crashPersonal scene investigation AND involved driver AND crash-connected offense.

Required facts

The officer investigates personally at the crash scene; AND
The person is a driver of a vehicle involved in the crash; AND
The investigation establishes reasonable and probable grounds for an offense under chapter 316, 320, OR 322 connected with the crash.

Limits & qualifications

The crash nexus and personal scene investigation matter; do not apply this authority to an unrelated traffic offense.

Authority

§ 316.645

View Misdemeanor Arrest Exceptions reference

Quick Summary

Establish driving or actual physical control of a vehicle in Florida plus either impairment of normal faculties by alcohol, specified chemical substances, or controlled substances, or a blood/breath alcohol level of at least 0.08 in the statutory units. Record control of the vehicle, observations, and properly obtained test evidence. A 0.15 level, a passenger under 18, qualifying prior convictions, or resulting damage/injury can change the penalty or offense level. Alcohol consumption alone does not establish impairment; impairment is not required for the alternative 0.08 theory.

Summary verified against the 2026 Florida Statutes: October 1, 2026.

Summary sources

§ 316.193 ↗

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.

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