Polk County DUI Defense Lawyer — Florida DUI Charges Under § 316.193

A DUI in Florida under Florida Statute § 316.193 means driving with a blood-alcohol level of .08 or higher, or while your normal faculties are impaired. Penalties range from fines and license suspension on a first offense to felony charges for repeat or injury cases. Attorney Tonmiel Rodriguez, a Board Certified Criminal Trial Lawyer with 75+ jury trials, defends DUI cases throughout Polk, Highlands, and Hardee Counties. Call 863-774-4556 for a free consultation.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last updated June 11, 2026.

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A DUI in Florida under § 316.193 is a criminal offense carrying fines from $500 to $5,000 and potential jail or prison time ranging from up to 6 months on a first offense to up to 5 years in Florida state prison for a third DUI within 10 years or any fourth-or-subsequent conviction. If you were arrested for DUI in Polk County, call (863) 774-4556 — free consultation, reach us 24/7. Hablamos Español.

What Does Florida Law Say About DUI Under § 316.193?

Florida Statute § 316.193 defines Driving Under the Influence as operating or being in actual physical control of a vehicle while impaired by alcohol, a controlled substance under Chapter 893, or a chemical substance under § 877.111 — or while having a blood-alcohol level of 0.08 or higher. The statute provides three paths to conviction: (1) BAC ≥ 0.08 grams per 100 mL of blood under § 316.193(1)(b); (2) breath alcohol level ≥ 0.08 grams per 210 liters of breath under § 316.193(1)(c); or (3) “normal faculties impaired” under § 316.193(1)(a). The State Attorney does not need a breath test result to convict — a trained officer’s observations at the scene, combined with field sobriety exercise performance, can be sufficient to get the case to a jury.

“Actual physical control” is broader than most people expect. Florida courts have found defendants in physical control of a vehicle while parked, engine off, if they were in the driver’s seat with the keys accessible. Location, proximity to the wheel, and key access all factor into the analysis — which means you can be charged with DUI without ever moving the car.

What Are the Penalties for a DUI in Florida?

Florida DUI penalties under § 316.193 escalate sharply with each prior conviction and with aggravating factors. A first DUI carries a minimum $500 fine and up to 6 months in county jail. A third DUI within 10 years is a third-degree felony with up to 5 years in Florida state prison and up to $5,000 in fines. The table below reflects the full statutory penalty ranges.

Offense Level	Fine Range	Jail / Prison	License Suspension	Other Consequences
1st DUI	$500 – $1,000	Up to 6 months	180 days – 1 year	50 hrs community service; 12-mo. probation; DUI school; substance abuse eval; 10-day vehicle impound
1st DUI (BAC ≥ .15 or minor in vehicle)	$1,000 – $2,000	Up to 9 months	180 days – 1 year	Same as above + ignition interlock 6 months minimum
2nd DUI	$1,000 – $2,000	10 days – 9 months	6 months – 1 year	Mandatory 10-day impound; ignition interlock 1 year; DUI school; substance abuse eval
2nd DUI (within 5 years of 1st)	$1,000 – $2,000	10 days – 12 months	5-year revocation (minimum)	30-day impound; ignition interlock 1 year; hardship eligibility after 1 year
2nd DUI (BAC ≥ .15 or minor)	$2,000 – $4,000	10 days – 12 months	6 months – 1 year	Same as standard 2nd DUI above
3rd DUI (within 10 years) — Felony	$2,000 – $5,000	Up to 5 years (state prison)	10-year revocation (minimum)	Hardship after 2 years; ignition interlock 2 years; 1–5 years probation
3rd DUI (outside 10 years)	$2,000 – $5,000	Up to 12 months	180 days – 1 year	Ignition interlock 2 years; 1 year probation maximum
4th+ DUI — Felony	$2,000 – $5,000	Up to 5 years (state prison)	Permanent revocation	Hardship eligibility after 5 years; 1–5 years probation

Source: Florida Statute § 316.193. All ranges are statutory — actual sentences depend on the facts of the case, prior record, and aggravating or mitigating factors. Fines do not include mandatory court costs, assessments, and fees, which can add several hundred dollars per conviction.

Is a First DUI a Felony in Florida?

A first DUI in Florida is a misdemeanor under § 316.193(2)(a), punishable by up to 6 months in jail and a $1,000 fine — not a felony. A second DUI is also a misdemeanor in most circumstances. DUI becomes a felony in three scenarios: (1) a third DUI within 10 years of a prior DUI conviction under § 316.193(2)(b)3 — third-degree felony, up to 5 years in state prison; (2) any fourth or subsequent DUI conviction regardless of timing under § 316.193(2)(b)4 — third-degree felony; or (3) DUI causing serious bodily injury under § 316.193(3)(c)2 — third-degree felony. DUI manslaughter under § 316.193(3)(c)3 is a second-degree felony carrying up to 15 years in prison.

Even a misdemeanor DUI conviction carries lasting consequences: a permanent criminal record that cannot be expunged, mandatory license suspension, significantly higher insurance premiums, and employment barriers. The label “just a misdemeanor” understates what a conviction actually costs.

Can I Lose My License After a DUI Arrest in Florida — Before Trial?

Yes — Florida’s implied consent law (§ 316.1932) triggers an administrative license suspension at the moment of arrest, entirely separate from any court proceeding. If you submitted to chemical testing and your BAC was ≥ 0.08, your license is suspended for 6 months for a first offense. If you refused testing, the suspension is 12 months for a first refusal and 18 months for a second or subsequent refusal. Separately, since October 1, 2025, under Trenton’s Law (§ 316.1939), a first refusal is also a second-degree misdemeanor criminal charge, and a second or subsequent refusal is a first-degree misdemeanor.

This administrative suspension is completely independent of any court-ordered suspension after conviction — you can receive both. You have exactly 10 calendar days from the date of arrest to request a formal review hearing with the Florida DHSMV to contest the administrative suspension. Miss that window and the suspension takes effect automatically with no ability to challenge it. An attorney who files for a formal review hearing can also obtain a temporary driving permit for you while the review is pending.

A hardship license — allowing driving for employment, medical, and educational purposes — may be available after serving a portion of the suspension. See our pages on DUI Administrative Suspension, DUI Hardship License, and Ignition Interlock Device for the full process.

What Defenses Work Against DUI Charges in Florida?

The strongest DUI defenses attack the state’s evidence at its foundation — before the jury ever hears the results. Here are the defenses that most frequently change outcomes in Polk County DUI cases.

Was the Traffic Stop Lawful?

Under the Fourth Amendment and Florida case law, an officer needs reasonable articulable suspicion to stop a vehicle. If the stop was based on a hunch, a mistake of law, or a constitutional violation, all evidence obtained after the stop — including breath test results, FSE performance, and officer observations — can be suppressed under the exclusionary rule. A successful motion to suppress can gut the state’s entire case. This is often the most powerful pretrial tool in a DUI case. See our DUI Checkpoints page for how Florida law governs roadblock stops and what makes a checkpoint lawful.

Were the Field Sobriety Exercises Administered Correctly?

The NHTSA-standardized field sobriety exercises — walk-and-turn, one-leg stand, and horizontal gaze nystagmus — are only scientifically valid when administered exactly according to NHTSA protocol on a flat, dry surface, with proper footwear considerations and documented environmental conditions. Failure to follow the protocol, incorrect scoring, or failure to account for medical conditions or physical limitations all undermine the reliability of the officer’s impairment conclusions. Florida courts have allowed challenges to FSE administration and have excluded or limited officer testimony on impairment when protocol was not followed. See our Field Sobriety Tests page.

Was the Breath Test Accurate?

Florida uses the Intoxilyzer 8000 for breath alcohol testing. Under Florida Administrative Code Rule 11D-8, the instrument must be properly calibrated, maintained, and operated by a licensed operator using approved protocols — and calibration records and inspection logs are public records subject to discovery. A rising BAC defense may also apply: if you drank recently before or during driving, your BAC may have been below 0.08 while you were actually behind the wheel and only reached the illegal threshold after the traffic stop. Breath test accuracy is one of the most successfully challenged elements of DUI prosecution. See our DUI Breath Test and DUI Refusal pages.

Was the Blood Test Properly Handled?

Blood draws in DUI cases must follow strict protocols: the draw must be performed by authorized medical personnel, the sample must be properly preserved, labeled, and stored, and chain of custody must be documented at every step from draw to lab analysis. Any break in chain of custody, contamination, improper anticoagulant-to-preservative ratio, or lab error can challenge the admissibility or evidentiary weight of blood test results. See our DUI Blood Test page for how blood evidence is challenged.

Can a DUI Be Reduced to Reckless Driving or Resolved Through Diversion?

In appropriate cases, a DUI charge may be reduced to reckless driving under § 316.192 — sometimes called a “wet reckless” when alcohol is involved — or resolved through a pretrial diversion program. A reckless driving conviction avoids mandatory DUI-specific penalties, does not trigger the same administrative license sanctions, and carries significantly less stigma on employment background checks. Diversion programs, when available, may result in the DUI charge being dismissed entirely upon completion of program requirements. Eligibility depends on your prior record, BAC level, the specific facts of the arrest, and how the State Attorney evaluates the case. See our pages on DUI Reduction to Reckless Driving and DUI Diversion Programs.

What Is the Difference Between DUI and DWI in Florida?

Florida uses the term DUI (Driving Under the Influence) exclusively under § 316.193 — there is no separate DWI (Driving While Intoxicated) charge in Florida law. Other states use different acronyms for the same basic offense: DWI is common in Texas and New Jersey; OWI (Operating While Intoxicated) is used in Wisconsin and Indiana; OUI (Operating Under the Influence) appears in Maine and Massachusetts. If you search for “DWI lawyer Polk County” or “DWI attorney Bartow FL,” you’re looking for DUI defense — the charge in Florida is always DUI regardless of whether the impairment involved alcohol, drugs, or both.

If you received a DUI or DWI conviction in another state, it can count as a prior conviction for sentencing enhancement purposes in a Florida DUI case under § 316.193(6)(j), which defines “prior conviction” to include out-of-state offenses for substantially similar conduct. A prior out-of-state conviction can push a Florida first-arrest case into second-offense territory. See our Out-of-State DUI page for the full analysis.

How Is a DUI Different From a BUI in Florida?

Boating Under the Influence (BUI) under Florida Statute § 327.35 applies the same 0.08 BAC threshold as DUI but governs watercraft operators instead of motor vehicle drivers. First-offense BUI penalties mirror first-offense DUI: $500–$1,000 fine and up to 6 months in jail. The critical legal distinction: a BUI conviction does NOT suspend your driver’s license under Florida law — but it does create a permanent criminal record, can affect insurance rates, and the conviction stays on your boating record. Florida Fish and Wildlife Conservation Commission (FWC) officers and Polk County Sheriff’s Office marine units actively patrol the county’s lakes — Lake Tohopekaliga, Lake Kissimmee, Lake Wales, and the Chain of Lakes — for BUI violations, particularly on summer weekends and holidays. See our Boating Under the Influence (BUI) page for the complete law.

What Are the Special and Enhanced DUI Offenses in Florida?

Florida law creates enhanced penalties or distinct criminal charges for several DUI scenarios beyond the standard offense:

Explore Every Aspect of Your DUI Case

Every DUI case has multiple angles — the stop, the testing, the evidence, the license consequences, and the path forward. The pages below go deep on each component. Use them to understand where your case stands.

DUI by Offense Number

Testing & Evidence

Defense & Outcomes

License Issues

DUI Penalties & Costs

Special DUI Types

Frequently Asked Questions About DUI in Florida

How much does a DUI cost in Florida?

The total cost of a first DUI conviction in Florida — including the statutory fine ($500–$1,000 under § 316.193), mandatory court costs and assessments, DUI school, substance abuse evaluation, ignition interlock device rental and monitoring, increased insurance premiums — typically ranges from $8,000 to $15,000 or more over the conviction period. Insurance rate increases alone can add $1,500–$3,000 per year for three to five years after conviction. A second or third DUI conviction easily exceeds $20,000 in total costs when all consequences are accounted for.

Can I get a DUI dismissed in Polk County?

Yes — DUI charges can be dismissed in Polk County when the evidence is legally insufficient, when a Fourth Amendment violation (unlawful stop, improper search) requires suppression of key evidence, or when procedural errors in the arrest or testing process undermine the state’s ability to prove its case beyond a reasonable doubt. With 75+ jury trials across the 10th Judicial Circuit, Attorney Rodriguez knows how Polk County prosecutors evaluate DUI cases, what their evidence thresholds are, and what pretrial motions are most likely to change the trajectory of a case.

Will I go to jail for a first DUI in Florida?

Jail is not mandatory for a first DUI in Florida — § 316.193(2)(a) permits a sentence of probation and fines without incarceration for a first offense, and many first-time defendants resolve their cases without serving any jail time. The statute allows up to 6 months in jail (9 months if BAC ≥ .15 or a minor was present), but the actual outcome depends on BAC level, circumstances of the arrest, prior record, and whether the defense successfully challenges the state’s evidence before trial.

How long does a DUI stay on my record in Florida?

A DUI conviction in Florida is permanent and cannot be sealed or expunged. Under § 943.0585 and § 943.059, Florida law explicitly excludes DUI convictions from sealing and expungement eligibility regardless of how old the conviction is or how minor the circumstances. The conviction will appear on criminal background checks indefinitely. This permanence is one of the strongest arguments for fighting a DUI charge aggressively before entering any plea.

Can I drive after a DUI arrest in Florida?

Possibly — but you must act within 10 calendar days of arrest. Under Florida’s implied consent law (§ 316.1932), your license is administratively suspended at the moment of arrest. Within that 10-day window, you or your attorney can request a formal review hearing with the Florida DHSMV, which triggers issuance of a temporary driving permit valid while the review is pending. If the 10-day deadline passes without action, the suspension takes automatic effect. A hardship license for employment, medical, and educational driving may be available after serving a portion of the administrative suspension period.

What is the BAC limit in Florida?

The legal BAC limit in Florida is 0.08 grams per 100 mL of blood — or 0.08 grams per 210 liters of breath — for drivers 21 and older under § 316.193(1)(b) and (c). For commercial drivers, the limit is 0.04 under § 322.61. For drivers under 21, the limit is 0.02 under § 322.2616 — effectively zero tolerance. Enhanced DUI penalties under § 316.193 apply when BAC measures 0.15 or higher: fines double and maximum jail time increases from 6 to 9 months on a first offense.

Should I refuse a breathalyzer in Florida?

Florida’s implied consent law (§ 316.1932) makes refusal legally costly: a first refusal triggers a 12-month administrative license suspension — double the 6-month suspension for a failed test — and since October 1, 2025, under Trenton’s Law (§ 316.1939), a first refusal is also a second-degree misdemeanor criminal charge; a second or subsequent refusal adds an 18-month suspension plus a first-degree misdemeanor charge for the refusal itself. Refusing does not prevent arrest, prosecution, or conviction — officers can still use their observations, field sobriety performance, and in some circumstances can seek a court-authorized blood draw. Whether refusal is the right tactical decision depends entirely on the specific facts of your arrest. Call (863) 774-4556 immediately after arrest so those decisions can be made before evidence and deadlines are lost.