Fla. Stat. § 316.193

Florida DUI — First Offense:
The Statute & What It Means

A realistic scenario, the exact statute that governs it, and the penalties that actually apply — explained by a former prosecutor who now defends these cases.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

A Realistic Scenario

You have dinner and two glasses of wine at a restaurant on Ocean Boulevard in Stuart. Driving home on US-1, you roll through a yellow light a beat too late. An officer pulls you over, you admit you "had a couple with dinner," and a breath test back at the station reads 0.09.

You have never been arrested before. You are now facing a criminal charge under a specific Florida statute. Here is exactly what governs what happens next.

The Statute That Applies

A Florida DUI is not a traffic ticket. It is a criminal offense defined by Florida Statute § 316.193, which sets the threshold at a blood- or breath-alcohol level of 0.08 or higher — or impairment of your normal faculties, meaning you can be charged even below 0.08.

The Governing Statute
Fla. Stat. § 316.193 — Driving Under the Influence
"A person is guilty of the offense of driving under the influence … if the person is driving or in actual physical control of a vehicle … [and] is under the influence of alcoholic beverages [or has] a blood-alcohol level of 0.08 or more."
Read the full statute on Online Sunshine →

In the scenario above, the 0.09 reading puts you over the per-se limit — but that is the beginning of the analysis, not the end.

The Actual Penalties

Under § 316.193(2), a first-offense DUI conviction carries:

First-Offense DUI — Statutory Penalties
Fine: $500 to $1,000 ($1,000–$2,000 if BAC 0.15+ or a minor was in the vehicle)

Jail: Up to 6 months (up to 9 months if BAC 0.15+ or minor present)

License suspension: Minimum 180 days

Also mandatory: 50 hours community service, DUI school, 10-day vehicle impoundment, and a permanent criminal record that cannot be expunged.

What a Defense Attorney Looks For

The statute being met "on paper" does not mean the State can prove it. What gets examined:

  • The stop. Was there a lawful basis? If not, everything after can be suppressed.
  • The breath machine. The Intoxilyzer 8000 must be maintained and calibrated to Florida standards; readings near 0.08 are especially vulnerable.
  • The roadside exercises. Subjective, often improperly administered.
  • The 10-day clock. Under § 322.2615 you have 10 days to challenge the administrative license suspension — separate from the criminal case.

Jeff Gorman prosecuted these exact cases in the 19th Judicial Circuit before becoming a defense attorney.

Frequently Asked Questions

What Florida statute covers DUI?
Driving under the influence is governed by Florida Statute § 316.193, which defines the offense, the 0.08 threshold, and the penalties.
Can I be charged with DUI below 0.08 in Florida?
Yes. Section 316.193 allows a charge if your normal faculties are impaired, even below 0.08. The 0.08 figure is a per-se threshold, not the only way to be charged.
How much jail time for a first DUI in Florida?
Up to 6 months for a standard first offense, or up to 9 months if BAC was 0.15+ or a minor was in the vehicle, under § 316.193(2).

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 316.193 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.