DUI with serious bodily injury
Florida Statute § 316.193(3)(c)2
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
Establish DUI, vehicle operation, and serious bodily injury to another caused or contributed to by that operation. Serious bodily injury involves a substantial risk of death, serious disfigurement, or protracted loss or impairment of a bodily member or organ under §316.1933. Document the DUI basis, causation, and medical facts supporting that injury threshold rather than relying only on transport to a hospital. Lesser injury/property damage and death have separate statutory tracks.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- DUI
- Type
- Criminal Traffic
- Civil / Criminal
- Criminal
- Offense Classification
- Felony
- Degree
- 3rd Degree
- Points
- 0
- Fine / Penalty
- Court determined; statutory mandatory minimums/surcharges may apply
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- Yes
- NTA Eligible
- No — felony
- Custodial Arrest
- Yes, when lawful arrest authority exists
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.
Offense Guidance
Offense Guidance
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.
Review required facts and applicable instructions →