What does Fla. Stat. §316.193 require for a DUI conviction?

Three theories of prosecution under §316.193: (a) the driver was under the influence of alcohol or controlled substances to the extent normal faculties were impaired, OR (b) the driver had a blood-alcohol level of 0.08 or higher, OR (c) the driver's urine showed evidence per §316.1934. The state must prove driving or actual physical control of a vehicle within Florida. 0.05 BAC creates a presumption of impairment; 0.08 creates a conclusive presumption.

What is the 10-day rule after a Florida DUI arrest?

Under §322.2615, a driver has only 10 days from the date of arrest to request a Formal Review Hearing with FLHSMV's Bureau of Administrative Reviews to contest the automatic administrative license suspension. Missing the 10-day window means the suspension takes effect by default — 6 months for first-time BAC 0.08+, 12 months for first refusal, 18 months for refusal with a prior refusal (Trenton's Law).

Is a first DUI in Florida a misdemeanor or felony?

First-offense DUI under §316.193 is a 2nd-degree misdemeanor (standard BAC 0.08+) or enhanced 1st-degree misdemeanor (BAC ≥0.15 or minor passenger). It becomes a 3rd-degree FELONY at the third conviction within 10 years, or on first offense if it involves serious bodily injury (§316.193(3)(c)(2)) or DUI manslaughter (§316.193(3)(c)(3), 2nd-degree felony with 4-year minimum mandatory prison).

Can a Florida DUI be expunged?

No. Florida statute §948.06 explicitly excludes DUI convictions from sealing and expungement. A DUI conviction stays on your Florida driving record for 75 years (effectively life) and on your criminal record permanently. This statutory exclusion is one of the strongest reasons to fight rather than plead — once entered, the record cannot be cleared.

What is FR-44 insurance and when is it required?

FR-44 is Florida's heightened financial-responsibility filing required after DUI conviction under §324.023. Unlike SR-22 (10/20/10 limits), FR-44 requires bodily-injury liability of $100,000/$300,000 and $50,000 property-damage liability — 10× the SR-22 minimum. Duration: 3 years from license reinstatement. Cost varies $1,500–$6,000+/year depending on carrier. Florida and Virginia are the only states using FR-44.

When does §316.193 require ignition interlock (BAIID)?

Under §316.193(4), BAIID is mandatory for: (a) first DUI with BAC ≥0.15, (b) first DUI with minor passenger, (c) any 2nd or higher DUI. Minimum periods: 6 months (1st high-BAC), 1 year (2nd), 2 years (3rd), 5 years (4th+ if reinstated). Installation $100–$200; monthly monitoring $70–$80. Approved vendor list maintained by FLHSMV.

How does Trenton's Law change Florida DUI refusal?

Trenton's Law (§316.1939), effective October 1, 2025, makes a SECOND refusal of breath, blood, or urine testing a 1st-degree criminal misdemeanor — separate from and in addition to the administrative license consequence. Before Trenton's Law, the first refusal triggered only administrative suspension; now repeat refusers face independent criminal exposure. The first refusal still triggers only administrative consequences unless prior refusal is on record.

Florida criminal traffic statute · DUI

§316.193 — driving under the influence.

TL;DR

Fla. Stat. §316.193 is Florida's DUI statute. Three prosecution theories: impairment, BAC 0.08+, or chemical evidence. Penalty escalates from 2nd-degree misdemeanor (1st conviction) to 3rd-degree felony (3rd within 10 years) to 2nd-degree felony with 4-year minimum mandatory prison (DUI manslaughter). Runs parallel to administrative suspension under §322.2615 with a 10-day Formal Review Hearing window. DUI convictions cannot be sealed or expunged. (2026)

Penalty tiers

§316.193 sentencing escalates aggressively with each prior conviction. A fourth conviction is a permanent felony with lifetime license revocation. DUI manslaughter carries a 4-year minimum mandatory prison sentence.

Tier	Classification	Fine	Jail / prison	License
1st (BAC 0.08+, standard)	2nd-degree misdemeanor	$500–$1,000	Up to 6 months	6 mo – 1 yr revocation
1st (BAC ≥0.15 or minor in car)	Enhanced 1st-degree misdemeanor	$1,000–$2,000	Up to 9 months	6 mo – 1 yr
2nd within 5 years	1st-degree misdemeanor	$1,000–$2,000	10 days – 9 months	5-year revocation
2nd outside 5 years	1st-degree misdemeanor	$1,000–$2,000	Up to 9 months	6 mo – 1 yr
3rd within 10 years	3rd-degree felony	$2,000–$5,000	Up to 5 yrs prison	10-year revocation
4th+	3rd-degree felony (lifetime)	$2,000 min	Up to 5 yrs prison	Permanent revocation
DUI manslaughter	2nd-degree felony (§316.193(3)(c)(3))	Up to $10,000	4 yrs min mandatory / up to 15	Permanent revocation

Common defenses + key case law

Velazco double-jeopardy bar

Velazco v. State, 342 So. 3d 614 (Fla. 2022) — the Florida Supreme Court held that dual DUI-injury convictions for a single victim violate double jeopardy. This controls charge stacking in multi-injury or DUI-manslaughter cases and is foundational for plea negotiations involving multiple counts arising from one incident.

Trenton's Law (§316.1939) refusal analysis

Trenton's Law, effective October 1, 2025, makes a SECOND refusal a 1st-degree criminal misdemeanor independent of the administrative consequence. Defense strategy: review the refusal warning script for compliance with §316.1932 implied-consent requirements. Any deviation from the required warnings can render the refusal inadmissible.

4th-Amendment stop and arrest challenges

Every DUI case starts with a vehicle stop. State v. Repple (Fla. 6th DCA 2024) is the recent territorial-jurisdiction precedent. If the officer lacked reasonable suspicion for the stop or probable cause for the arrest, all downstream evidence (FSTs, breath sample) may be suppressed. Body-camera and dash-cam review is foundational.

Field sobriety test reliability (Daubert challenges)

NHTSA's standardized field sobriety tests (HGN, walk-and-turn, one-leg stand) are validated only under specific conditions: level surface, adequate lighting, no medical conditions affecting balance, etc. Daubert challenges to FST evidence become real defense leverage when those conditions weren't met. Officers must also be NHTSA-certified.

Intoxilyzer 8000 calibration and operator certification

Florida uses the Intoxilyzer 8000. Defense should request the calibration logs, operator's certification, the 20-minute observation period documentation, and the source-code records. Calibration gaps, operator certification lapses, mouth-alcohol effects, and observation-period interruptions are all attackable.

Administrative 10-day hearing strategy

Fla. Stat. §322.2615 gives 10 days from arrest to request a Formal Review Hearing with FLHSMV's Bureau of Administrative Reviews. This is a separate civil proceeding from the criminal case. Winning the administrative challenge can save 6–18 months of license suspension independently of the criminal outcome. Win-rate is roughly 30–40% statewide.

Educational reference, not legal advice.DUI cases are fact-intensive and consequences are severe. If you've been arrested, contact Florida-licensed criminal defense counsel within the first 10 days to preserve the §322.2615 Formal Review Hearing right.

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Sources & citations

[1]Fla. Stat. §316.193 — Driving under the influence (full statutory text including penalty tiers). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html · accessed 2026-05-31 ↩
[2]Fla. Stat. §322.2615 — Administrative suspension; 10-day Formal Review Hearing window. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/Sections/0322.2615.html · accessed 2026-05-31 ↩
[3]Fla. Stat. §316.1939 — Refusal to submit to test (Trenton's Law, effective 2025-10-01). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1939.html · accessed 2026-05-31 ↩
[4]Fla. Stat. §324.023 — FR-44 financial responsibility filing for DUI (100/300/50 limits, 3-year duration). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0324/Sections/0324.023.html · accessed 2026-05-31 ↩
[5]Velazco v. State, 342 So. 3d 614 (Fla. 2022) — double-jeopardy bar on dual DUI-injury convictions for one victim. https://www.floridasupremecourt.org/ · accessed 2026-05-31 ↩
[6]Florida Standard Jury Instructions in Criminal Cases §28.1 (DUI) — elements the state must prove for a §316.193 conviction. https://www.floridabar.org/rules/florida-standard-jury-instructions/florida-standard-jury-instructions-in-criminal-cases/ · accessed 2026-05-31 ↩
[7]FLHSMV — DUI and Administrative Suspensions overview; BAIID vendor list. https://www.flhsmv.gov/driver-licenses-id-cards/dui-and-administrative-suspensions/ · accessed 2026-05-31 ↩