Understanding Florida Statute § 316.193: Felony DUI Penalties Explained

July 14, 2025

Charged With a Felony DUI in Florida? Here's What You Need to Know Before It's Too Late

Facing a felony DUI charge in Florida is one of the most serious situations you can be in behind the wheel. As a Florida criminal defense attorney, I have worked closely with clients who never imagined a traffic stop or accident could lead to years in prison, a permanent criminal record, and the loss of nearly everything they've built. The law in Florida does not leave much room for error when it comes to DUI. And if your case involves certain aggravating factors, you are no longer dealing with a misdemeanor. You are facing a felony, and your future is at stake.

Let me explain exactly what Florida law says, why it matters to you, and how we've helped clients fight back in court with results that changed their lives.

What Florida Statute § 316.193 Says About Felony DUI

Florida Statute § 316.193 is the cornerstone of DUI law in this state. It sets out when a person is considered guilty of DUI and how that offense can be charged as a felony depending on the circumstances.

Statute Language – § 316.193(1):

"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 within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance… or any controlled substance… to the extent that the person's normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood;

At its core, this is the definition of DUI in Florida. But when certain aggravating factors are present, the charge becomes far more serious.

When DUI Becomes a Felony in Florida

Under Florida law, a DUI becomes a felony under three main circumstances:

Third DUI Within 10 Years of a Prior Conviction
Florida Statute § 316.193(2)(b)1. makes a third DUI conviction within ten years of any prior conviction a third-degree felony, punishable by up to 5 years in prison.
Fourth DUI—Regardless of Time Frame
A fourth or subsequent DUI offense is charged as a third-degree felony, regardless of how many years have passed between arrests.
DUI Causing Serious Bodily Injury
If the DUI results in serious injury to another person, the charge becomes a third-degree felony under § 316.193(3)(c)2.
DUI Manslaughter
If the DUI results in a fatality, you will face a second-degree felony under § 316.193(3)(c)3, which carries up to 15 years in prison. If you leave the scene, it becomes a first-degree felony, with a possible 30-year sentence.

These penalties also come with mandatory license revocation, probation, alcohol treatment programs, and the long-term consequences of being a convicted felon. That includes the loss of civil rights, firearm ownership, and permanent damage to employment prospects.

Having a private attorney at this point is not a luxury. It is a necessity. We can begin defending you before the prosecutor files charges, before you say something incriminating, and before your rights are lost to aggressive police or prosecutors.

Real Case Example: Felony DUI With Prior Convictions Avoids Prison

We represented a man in Hillsborough County who was arrested for his third DUI within a seven-year window. The prosecution intended to file felony DUI charges, and our client had prior convictions in both Florida and Georgia.

After reviewing every record from his prior cases, we found a critical error in how one of his out-of-state convictions had been handled. The conviction lacked a clear finding of guilt and did not meet Florida's standards for a DUI conviction under § 316.193.

We filed a motion to strike that conviction from being used as a prior. The court agreed, and the prosecutor was forced to amend the charge from a felony DUI to a misdemeanor DUI. Our client avoided prison, kept his license with restrictions, and was able to return to work. Without that early intervention, he would have faced five years in state prison.

The Importance of Legal Strategy in Felony DUI Defense

No two DUI cases are the same. That's especially true when dealing with felony DUI charges. The stakes are too high to rely on one-size-fits-all defense strategies or overworked public defenders. Here's how we build strong defenses for clients facing felony DUI charges in Florida.

Challenging Prior Convictions

If you're being charged with a felony because of past DUI cases, those convictions must be legally valid. We often challenge whether the client had proper representation in those cases, whether the plea was lawful, or whether the record itself is usable in a new prosecution.

Disputing "Serious Bodily Injury"

Not all injuries qualify as serious under Florida law. If the injury doesn't result in a substantial risk of death, disfigurement, or long-term loss of function, we may argue that the charge should not be a felony.

Actual Physical Control

You don't need to be driving to be charged with DUI. But if you were simply sleeping in your vehicle or not in control of it, we may be able to get the case dismissed.

Faulty Testing or Chain of Custody

Breath and blood tests are often the cornerstone of the state's case. We scrutinize every step of how the test was administered and how the sample was handled. Chain of custody breaks, improper calibration, or incorrect instructions can result in your BAC being thrown out.

A public defender may not have the time or funding to investigate these details. We have the resources to bring in toxicologists, accident reconstructionists, and forensic experts when needed.

Other Florida Statutes That May Impact Your Felony DUI Case

Aside from § 316.193, there are several other Florida statutes that come into play:

Florida Statute § 322.264 – Habitual Traffic Offender
Multiple DUI convictions can lead to classification as a habitual offender, resulting in a 5-year license revocation.
Florida Statute § 316.027 – DUI Involving Death or Injury
Leaving the scene of a DUI crash involving injury or death enhances the charge to a more serious felony.
Florida Statute § 775.084 – Habitual Felony Offender Sentencing
If you have prior felony convictions, the state may seek to enhance your DUI sentence using this statute.

Why You Shouldn't Face a Felony DUI Charge Alone

Felony DUI charges in Florida can destroy everything you've worked for. You are facing time in state prison, thousands in fines, and permanent loss of driving privileges. Most importantly, you may be treated like a violent offender in the eyes of the law.

This isn't the kind of case where you want to wait to see what happens. By the time you're arraigned, the prosecutor may already be preparing for a trial. What you say or do now can have an impact for years to come.

We know how prosecutors build these cases, and we know how to tear those cases apart when they're flawed. That's the benefit of hiring a private criminal defense lawyer who's been in this fight before.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Florida Felony DUI Punishment Frequently Asked Questions

Is a third DUI in Florida always a felony?

Not always. A third DUI becomes a felony only if it occurs within 10 years of a prior conviction. If your third DUI is more than a decade removed from your previous conviction, it may still be charged as a misdemeanor, although penalties are still severe. We review your record closely to determine if the felony charge can be avoided.

What is the maximum prison sentence for a felony DUI in Florida?

If you are convicted of a third-degree felony DUI, you could face up to 5 years in state prison. DUI causing death (DUI manslaughter) is a second-degree felony, punishable by up to 15 years. If you flee the scene, the offense becomes a first-degree felony, carrying a sentence of up to 30 years. These sentences are not mandatory but can be imposed without strong legal defense.

Can a felony DUI be reduced to a misdemeanor?

Yes, in some cases. If we can challenge a prior conviction or prove it does not meet Florida's legal standards, we may persuade the prosecution or court to reduce the charge. This often involves deep analysis of previous plea deals, court transcripts, or out-of-state conviction records.

Do I lose my license permanently after a felony DUI?

Not necessarily. For a third DUI within 10 years, the state imposes a 10-year license revocation. For a fourth DUI, the revocation is permanent. However, we may petition for a hardship license or argue for reduced penalties depending on the facts of your case and your driving history.

What if I was not driving but was just sitting in the car?

Florida law allows DUI charges even when the driver is in "actual physical control" of a vehicle. That means if you were in the driver's seat with the keys nearby, you could still be charged. We've successfully argued that clients were not intending to drive and therefore were not in violation of DUI laws.

What defenses can I use against a felony DUI?

Common defenses include improper traffic stops, lack of probable cause, errors in breath or blood testing, and lack of actual impairment. In cases involving injury or death, we examine whether alcohol was truly the cause or whether outside factors played a role. Every case is unique, and we tailor the defense to the facts.

Can a felony DUI be expunged from my record?

No. In Florida, a felony DUI conviction is not eligible for sealing or expungement. This is why it's so important to fight the charge before it becomes a conviction. Once you plead guilty or are found guilty, that record will follow you for life.

Should I talk to the police or prosecutor before hiring a lawyer?

Absolutely not. Statements made to law enforcement—even casually—can be used as evidence against you. Prosecutors may try to get you to admit facts that help them prove a felony. Always speak to your defense attorney before responding to any questions or requests.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

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