Florida Statute 316.193 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

316.193 Driving under the influence; penalties.—

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) 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 set forth in s. 877.111, or any substance controlled under chapter 893, when affected 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; or

(2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:

1. By a fine of:

a. Not less than $500 or more than $1,000 for a first conviction.

b. Not less than $1,000 or more than $2,000 for a second conviction; and

2. By imprisonment for:

a. Not more than 6 months for a first conviction.

b. Not more than 9 months for a second conviction.

3. For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license.

The portion of a fine imposed in excess of $500 pursuant to sub-subparagraph 1.a. and the portion of a fine imposed in excess of $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund.

(b)1. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license.

2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. The portion of a fine imposed in excess of $2,500 pursuant to this subparagraph shall be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license.

3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not less than $2,000. The portion of a fine imposed in excess of $1,000 pursuant to this subparagraph shall be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund.

(c) In addition to the penalties in paragraph (a), the court may order placement, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 for at least 6 continuous months upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person if, at the time of the offense, the person had a blood-alcohol level or breath-alcohol level of .08 or higher.

(3) Any person:

(a) Who is in violation of subsection (1);

(b) Who operates a vehicle; and

1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2. Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. The death of any human being or unborn child commits DUI manslaughter, and commits:

a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

(I) At the time of the crash, the person knew, or should have known, that the crash occurred; and

(II) The person failed to give information and render aid as required by s. 316.062.

c. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person has a prior conviction under this subparagraph, ¹s. 327.35(3)(a)3.c., s. 782.071, or s. 782.072.

For purposes of this subsection, the term “unborn child” has the same meaning as provided in s. 775.021(5). A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.

(4) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished:

(a) By a fine of:

1. Not less than $1,000 or more than $2,000 for a first conviction.

2. Not less than $2,000 or more than $4,000 for a second conviction.

3. Not less than $4,000 for a third or subsequent conviction.

(b) By imprisonment for:

1. Not more than 9 months for a first conviction.

2. Not more than 12 months for a second conviction.

For the purposes of this subsection, only the instant offense is required to be a violation of subsection (1) by a person who has a blood-alcohol level or breath-alcohol level of 0.15 or higher. The portion of a fine imposed in excess of $1,000 pursuant to subparagraph (a)1. and the portion of a fine imposed in excess of $2,000 pursuant to subparagraph (a)2. or subparagraph (a)3., shall be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund.

(c) In addition to the penalties in paragraphs (a) and (b), the court shall order the mandatory placement, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person for not less than 6 continuous months for the first offense and for not less than 2 continuous years for a second offense, when the convicted person qualifies for a permanent or restricted license.

(5) The court shall place all offenders convicted of violating this section on monthly reporting probation and shall require completion of a substance abuse course conducted by a DUI program licensed by the department under s. 322.292, which must include a psychosocial evaluation of the offender. If the DUI program refers the offender to an authorized substance abuse treatment provider for substance abuse treatment, in addition to any sentence or fine imposed under this section, completion of all such education, evaluation, and treatment is a condition of reporting probation. The offender shall assume reasonable costs for such education, evaluation, and treatment. The referral to treatment resulting from a psychosocial evaluation shall not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider appointed by the court, which shall have access to the DUI program’s psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure. The term “substance abuse” means the abuse of alcohol or any substance named or described in Schedules I through V of s. 893.03. If an offender referred to treatment under this subsection fails to report for or complete such treatment or fails to complete the DUI program substance abuse education course and evaluation, the DUI program shall notify the court and the department of the failure. Upon receipt of the notice, the department shall cancel the offender’s driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may temporarily reinstate the driving privilege on a restricted basis upon verification from the DUI program that the offender is currently participating in treatment and the DUI education course and evaluation requirement has been completed. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of completion of treatment from the DUI program. The organization that conducts the substance abuse education and evaluation may not provide required substance abuse treatment unless a waiver has been granted to that organization by the department. A waiver may be granted only if the department determines, in accordance with its rules, that the service provider that conducts the substance abuse education and evaluation is the most appropriate service provider and is licensed under chapter 397 or is exempt from such licensure. A statistical referral report shall be submitted quarterly to the department by each organization authorized to provide services under this section.

(6) With respect to any person convicted of a violation of subsection (1), regardless of any penalty imposed pursuant to subsection (2), subsection (3), or subsection (4):

(a) For the first conviction, the court shall place the defendant on probation for a period not to exceed 1 year and, as a condition of such probation, shall order the defendant to participate in public service or a community work project for a minimum of 50 hours. The court may order a defendant to pay a fine of $10 for each hour of public service or community work otherwise required only if the court finds that the residence or location of the defendant at the time public service or community work is required or the defendant’s employment obligations would create an undue hardship for the defendant. However, the total period of probation and incarceration may not exceed 1 year. The court must also, as a condition of probation, order the impoundment or immobilization of the vehicle that was operated by or in the actual control of the defendant or any one vehicle registered in the defendant’s name at the time of impoundment or immobilization, for a period of 10 days or for the unexpired term of any lease or rental agreement that expires within 10 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant. The impoundment or immobilization order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or paragraph (h).

(b) For the second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 10 days. The court must also, as a condition of probation, order the impoundment or immobilization of all vehicles owned by the defendant at the time of impoundment or immobilization, for a period of 30 days or for the unexpired term of any lease or rental agreement that expires within 30 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant and must occur concurrently with the driver license revocation imposed under s. 322.28(2)(a)2. The impoundment or immobilization order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or paragraph (h). At least 48 hours of confinement must be consecutive.

(c) For the third or subsequent conviction for an offense that occurs within a period of 10 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 30 days. The court must also, as a condition of probation, order the impoundment or immobilization of all vehicles owned by the defendant at the time of impoundment or immobilization, for a period of 90 days or for the unexpired term of any lease or rental agreement that expires within 90 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant and must occur concurrently with the driver license revocation imposed under s. 322.28(2)(a)3. The impoundment or immobilization order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or paragraph (h). At least 48 hours of confinement must be consecutive.

(d) The court must at the time of sentencing the defendant issue an order for the impoundment or immobilization of a vehicle. The order of impoundment or immobilization must include the name and telephone numbers of all immobilization agencies meeting all of the conditions of subsection (13). Within 7 business days after the date that the court issues the order of impoundment or immobilization, the clerk of the court must send notice by certified mail, return receipt requested, to the registered owner of each vehicle, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the vehicle.

(e) A person who owns but was not operating the vehicle when the offense occurred may submit to the court a police report indicating that the vehicle was stolen at the time of the offense or documentation of having purchased the vehicle after the offense was committed from an entity other than the defendant or the defendant’s agent. If the court finds that the vehicle was stolen or that the sale was not made to circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs. If the court denies the request to dismiss the order of impoundment or immobilization, the petitioner may request an evidentiary hearing.

(f) A person who owns but was not operating the vehicle when the offense occurred, and whose vehicle was stolen or who purchased the vehicle after the offense was committed directly from the defendant or the defendant’s agent, may request an evidentiary hearing to determine whether the impoundment or immobilization should occur. If the court finds that either the vehicle was stolen or the purchase was made without knowledge of the offense, that the purchaser had no relationship to the defendant other than through the transaction, and that such purchase would not circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs.

(g) The court shall also dismiss the order of impoundment or immobilization of the vehicle if the court finds that the family of the owner of the vehicle has no other private or public means of transportation.

(h) The court may also dismiss the order of impoundment or immobilization of any vehicles that are owned by the defendant but that are operated solely by the employees of the defendant or any business owned by the defendant.

(i) The court may also dismiss the order of impoundment or immobilization if the defendant provides proof to the satisfaction of the court that a functioning, certified ignition interlock device has been installed upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person.

(j)1. Notwithstanding the provisions of this section, s. 316.1937, and s. 322.2715 relating to ignition interlock devices required for second or subsequent offenders, in order to strengthen the pretrial and posttrial options available to prosecutors and judges, the court may order, if deemed appropriate, that a person participate in a qualified sobriety and drug monitoring program, as defined in subparagraph 2., in addition to the ignition interlock device requirement. Participation shall be at the person’s sole expense.

2. As used in this paragraph, the term “qualified sobriety and drug monitoring program” means an evidence-based program, approved by the department, in which participants are regularly tested for alcohol and drug use. As the court deems appropriate, the program may monitor alcohol or drugs through one or more of the following modalities: breath testing twice a day; continuous transdermal alcohol monitoring in cases of hardship; or random blood, breath, urine, or oral fluid testing. Testing modalities that provide the best ability to sanction a violation as close in time as reasonably feasible to the occurrence of the violation should be given preference. This paragraph does not preclude a court from ordering an ignition interlock device as a testing modality.

3. For purposes of this paragraph, the term “evidence-based program” means a program that satisfies the requirements of at least two of the following:

a. The program is included in the federal registry of evidence-based programs and practices.

b. The program has been reported in a peer-reviewed journal as having positive effects on the primary targeted outcome.

c. The program has been documented as effective by informed experts and other sources.

(k) All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased or rented, by the person leasing or renting the vehicle, unless the impoundment or immobilization order is dismissed. All provisions of s. 713.78 shall apply. The costs and fees for the impoundment or immobilization must be paid directly to the person impounding or immobilizing the vehicle.

(l) The person who owns a vehicle that is impounded or immobilized under this paragraph, or a person who has a lien of record against such a vehicle and who has not requested a review of the impoundment pursuant to paragraph (e), paragraph (f), or paragraph (g), may, within 10 days after the date that person has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld from the owner or lienholder. Upon the filing of a complaint, the owner or lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner or lienholder does not prevail. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner or lienholder must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or to the contents of the vehicle.

(m) A defendant, in the court’s discretion, may be required to serve all or any portion of a term of imprisonment to which the defendant has been sentenced pursuant to this section in a residential alcoholism treatment program or a residential drug abuse treatment program. Any time spent in such a program must be credited by the court toward the term of imprisonment.

For the purposes of this section, any conviction for a violation of s. 327.35; a previous conviction for the violation of former s. 316.1931, former s. 860.01, or former s. 316.028; or a previous conviction outside this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, driving with an unlawful breath-alcohol level, or any other similar alcohol-related or drug-related traffic offense, is also considered a previous conviction for violation of this section. However, in satisfaction of the fine imposed pursuant to this section, the court may, upon a finding that the defendant is financially unable to pay either all or part of the fine, order that the defendant participate for a specified additional period of time in public service or a community work project in lieu of payment of that portion of the fine which the court determines the defendant is unable to pay. In determining such additional sentence, the court shall consider the amount of the unpaid portion of the fine and the reasonable value of the services to be ordered; however, the court may not compute the reasonable value of services at a rate less than the federal minimum wage at the time of sentencing.

(7) A conviction under this section does not bar any civil suit for damages against the person so convicted.

(8) At the arraignment, or in conjunction with any notice of arraignment provided by the clerk of the court, the clerk shall provide any person charged with a violation of this section with notice that upon conviction the court shall suspend or revoke the offender’s driver license and that the offender should make arrangements for transportation at any proceeding in which the court may take such action. Failure to provide such notice does not affect the court’s suspension or revocation of the offender’s driver license.

(9) A person who is arrested for a violation of this section may not be released from custody:

(a) Until the person is no longer under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893 and affected to the extent that his or her normal faculties are impaired;

(b) Until the person’s blood-alcohol level or breath-alcohol level is less than 0.05; or

(10) The rulings of the Department of Highway Safety and Motor Vehicles under s. 322.2615 shall not be considered in any trial for a violation of this section. Testimony or evidence from the administrative proceedings or any written statement submitted by a person in his or her request for administrative review is inadmissible into evidence or for any other purpose in any criminal proceeding, unless timely disclosed in criminal discovery pursuant to Rule 3.220, Florida Rules of Criminal Procedure.

(11) The Department of Highway Safety and Motor Vehicles is directed to adopt rules providing for the implementation of the use of ignition interlock devices.

(12) If the records of the Department of Highway Safety and Motor Vehicles show that the defendant has been previously convicted of the offense of driving under the influence, that evidence is sufficient by itself to establish that prior conviction for driving under the influence. However, such evidence may be contradicted or rebutted by other evidence. This presumption may be considered along with any other evidence presented in deciding whether the defendant has been previously convicted of the offense of driving under the influence.

(13) If personnel of the circuit court or the sheriff do not immobilize vehicles, only immobilization agencies that meet the conditions of this subsection shall immobilize vehicles in that judicial circuit.

(a) The immobilization agency responsible for immobilizing vehicles in that judicial circuit shall be subject to strict compliance with all of the following conditions and restrictions:

1. Any immobilization agency engaged in the business of immobilizing vehicles shall provide to the clerk of the court a signed affidavit attesting that the agency:

a. Has verifiable experience in immobilizing vehicles;

b. Maintains accurate and complete records of all payments for the immobilization, copies of all documents pertaining to the court’s order of impoundment or immobilization, and any other documents relevant to each immobilization. Such records must be maintained by the immobilization agency for at least 3 years; and

c. Employs and assigns persons to immobilize vehicles that meet the requirements established in subparagraph 2.

2. The person who immobilizes a vehicle must:

a. Not have been adjudicated incapacitated under s. 744.331, or a similar statute in another state, unless his or her capacity has been judicially restored; involuntarily placed in a treatment facility for the mentally ill under chapter 394, or a similar law in any other state, unless his or her competency has been judicially restored; or diagnosed as having an incapacitating mental illness unless a psychologist or psychiatrist licensed in this state certifies that he or she does not currently suffer from the mental illness.

b. Not be a chronic and habitual user of alcoholic beverages to the extent that his or her normal faculties are impaired; not have been committed under chapter 397, former chapter 396, or a similar law in any other state; not have been found to be a habitual offender under s. 856.011(3), or a similar law in any other state; or not have had any convictions under this section, or a similar law in any other state, within 2 years before the affidavit is submitted.

c. Not have been committed for controlled substance abuse or have been found guilty of a crime under chapter 893, or a similar law in any other state, relating to controlled substances in any other state.

d. Not have been found guilty of or entered a plea of guilty or nolo contendere to, regardless of adjudication, or been convicted of a felony, unless his or her civil rights have been restored.

e. Be a citizen or legal resident alien of the United States or have been granted authorization to seek employment in this country by the United States Bureau of Citizenship and Immigration Services.

(b) The immobilization agency shall conduct a state criminal history check through the Florida Department of Law Enforcement to ensure that the person hired to immobilize a vehicle meets the requirements in sub-subparagraph (a)2.d.

(c) A person who violates paragraph (a) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(14) As used in this chapter, the term:

(a) “Immobilization,” “immobilizing,” or “immobilize” means the act of installing a vehicle antitheft device on the steering wheel of a vehicle, the act of placing a tire lock or wheel clamp on a vehicle, or a governmental agency’s act of taking physical possession of the license tag and vehicle registration rendering a vehicle legally inoperable to prevent any person from operating the vehicle pursuant to an order of impoundment or immobilization under subsection (6).

(b) “Immobilization agency” or “immobilization agencies” means any person, firm, company, agency, organization, partnership, corporation, association, trust, or other business entity of any kind whatsoever that meets all of the conditions of subsection (13).

(c) “Impoundment,” “impounding,” or “impound” means the act of storing a vehicle at a storage facility pursuant to an order of impoundment or immobilization under subsection (6) where the person impounding the vehicle exercises control, supervision, and responsibility over the vehicle.

(d) “Person” means any individual, firm, company, agency, organization, partnership, corporation, association, trust, or other business entity of any kind whatsoever.

History.—s. 1, ch. 71-135; s. 19, ch. 73-331; s. 1, ch. 74-384; s. 1, ch. 76-31; s. 1, ch. 79-408; s. 1, ch. 80-343; s. 2, ch. 82-155; s. 1, ch. 82-403; s. 2, ch. 83-187; s. 1, ch. 83-228; s. 1, ch. 84-359; s. 24, ch. 85-167; s. 2, ch. 85-337; s. 1, ch. 86-296; s. 2, ch. 88-5; s. 5, ch. 88-82; s. 8, ch. 88-196; s. 8, ch. 88-324; s. 60, ch. 88-381; s. 7, ch. 89-3; ss. 1, 18, ch. 91-255; s. 32, ch. 92-78; ss. 1, 11, ch. 93-124; s. 3, ch. 93-246; s. 1, ch. 94-324; s. 895, ch. 95-148; s. 1, ch. 95-186; s. 4, ch. 95-333; s. 12, ch. 95-408; s. 3, ch. 96-330; s. 2, ch. 96-413; s. 48, ch. 97-100; s. 97, ch. 97-264; s. 25, ch. 97-271; ss. 6, 13, ch. 98-324; s. 5, ch. 99-234; s. 139, ch. 99-248; s. 4, ch. 2000-313; s. 10, ch. 2000-320; s. 2, ch. 2002-78; s. 1, ch. 2002-263; s. 1, ch. 2004-379; s. 1, ch. 2005-119; s. 3, ch. 2007-211; s. 29, ch. 2008-111; s. 5, ch. 2008-176; s. 5, ch. 2009-138; s. 10, ch. 2009-206; s. 5, ch. 2010-223; s. 3, ch. 2014-194; s. 8, ch. 2014-216; s. 3, ch. 2015-34; s. 12, ch. 2016-105; s. 15, ch. 2019-58; s. 58, ch. 2020-2; s. 2, ch. 2025-121.

¹Note.—Substituted by the editors for a reference to s. 327.35(3)(c)3., as added by s. 2, ch. 2025-121, to conform to the redesignation of existing subunits in s. 327.35 by s. 6, ch. 2025-197.

Note.—Former s. 316.028.

F.S. 316.193 on Google Scholar

F.S. 316.193 on CourtListener

Amendments to 316.193

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.193

R or S next to points is Mandatory Revocation or Suspension

S316.193 (1) DUI - DRIVING UNDER THE INFLUENCE - Points on Drivers License: 0 R

S316.193 (1) DUI - DRIVING UNDER THE INFLUENCE (BICYCLE) - Points on Drivers License: 0 R

S316.193 (2)(b)1 DUI - 3rd violation within 10 years - Points on Drivers License: 0 R

S316.193 (2)(b)1 DUI - 3rd violation within 10 years (BICYCLE) - Points on Drivers License: 0 R

S316.193 (2)(b)2 DUI - 3rd Violation more than 10 years - Points on Drivers License: 0 R

S316.193 (2)(b)2 DUI - 3rd Violation more than 10 years (BICYCLE - Points on Drivers License: 0 R

S316.193 (2)(b)3 DUI - 4th of Subsequent offense - Points on Drivers License: 0 R

S316.193 (2)(b)3 DUI - 4th of Subsequent offense (BICYCLE) - Points on Drivers License: 0 R

S316.193 (3)(c)1 DUI - Property Damage/Personal Injury - Points on Drivers License: 0 R

S316.193 (3)(c)1 DUI - Property Damage/Personal Injury (BICYCLE) - Points on Drivers License: 0 R

S316.193 (3)(c)2 DUI - Serious Bodily Injury - Points on Drivers License: 0 R

S316.193 (3)(c)2 DUI - Serious Bodily Injury (BICYCLE) - Points on Drivers License: 0 R

S316.193 (3)(c)3 DUI - Manslaughter - Points on Drivers License: 0 R

S316.193 (3)(c)3 DUI - Manslaughter (BICYCLE) - Points on Drivers License: 0 R

S316.193 (3)(c)3a DUI - Cause death to human or unborn child - Points on Drivers License: 0 R

S316.193 (3)(c)3a DUI - Cause death to human or unborn child (BYCYCLE) - Points on Drivers License: 0 R

S316.193 (3)(c)3b DUI - Cause death fail to give info/render aid - Points on Drivers License: 0 R

S316.193 (3)(c)3b DUI - Cause death fail to give info/render aid (BICYCLE) - Points on Drivers License: 0 R

Arrestable Offenses / Crimes under Fla. Stat. 316.193

Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.193 1 - DUI-UNLAW BLD ALCH - RENUMBERED. SEE REC # 8513 - M: N

S316.193 1 - TRAFFIC OFFENSE - REVISED. SEE REC #6276 - M: S

S316.193 1 - DUI-UNLAW BLD ALCH - RENUMBERED. SEE REC # 8825 - M: S

S316.193 1 - TRAFFIC OFFENSE - REVISED. SEE REC # 6276 - M: F

S316.193 1a - DUI-UNLAW BLD ALCH - DUI INFLUENCE OF ALCOHOL OR DRUGS - M: S

S316.193 1b - DUI-UNLAW BLD ALCH - DUI BLOOD ALCOHOL 0.08 OR MORE PER 100 ML - M: S

S316.193 1c - DUI-UNLAW BLD ALCH - DUI BREATH ALCOHOL 0.08 OR MORE PER 210 L - M: S

S316.193 2a - DUI-UNLAW BLD ALCH - RENUMBERED. SEE REC # 6276 - M: N

S316.193 2a - TRAFFIC OFFENSE - REVISED. SEE REC #6278 - M: S

S316.193 2a - TRAFFIC OFFENSE - REMOVE BY CH 2002-263 - M: F

S316.193 2a - TRAFFIC OFFENSE - REVISED. SEE REC # 6278 - M: F

S316.193 2b - DUI-UNLAW BLD ALCH - RENUMBERED. SEE REC # 8506 - F: T

S316.193 2b1 - DUI-UNLAW BLD ALCH - DUI ALCOHOL OR DRUGS 3RD VIOL W/I 10YR - F: T

S316.193 2b2 - DUI-UNLAW BLD ALCH - REMOVED - M: F

S316.193 2b2 - DUI-UNLAW BLD ALCH - DUI ALCOHOL OR DRUG 3RD VIOL/CONV OUTSIDE 10YR - M: F

S316.193 2b3 - DUI-UNLAW BLD ALCH - DUI ALCOHOL OR DRUGS 4TH OR SUBSQ OFF - F: T

S316.193 3c1 - DUI-UNLAW BLD ALCH - DUI DAMAGE TO PROPERTY OR PERSON OF ANOTHER - M: F

S316.193 3c2 - DUI-UNLAW BLD ALCH - DUI AND SERIOUS BODILY INJURY TO ANOTHER - F: T

S316.193 3c3a - HOMICIDE-NEGLIG MANSL-VEH - DUI CAUSE DEATH TO HUMAN OR UNBORN CHILD - F: S

S316.193 3c3b - HOMICIDE-NEGLIG MANSL-VEH - DUI CAUSE DEATH FAIL TO GIVE INFO RENDER AID - F: F

S316.193 3c3c - HOMICIDE-NEGLIG MANSL-VEH - DUI CAUSE DEATH FAIL GIVE INFO/AID PREV CONV - F: F

S316.193 4 - DUI-UNLAW BLD ALCH - 0.15 OR HIGHER OR W PERSON UNDER 18 IN VEHICLE - M: S

S316.193 4 - DUI-UNLAW BLD ALCH - REMOVED - M: F

S316.193 4 - DUI-UNLAW BLD ALCH - RENUMBERED. SEE REC # 8507 - M: F

S316.193 13a - PUBLIC ORDER CRIMES - VEHICLE IMMOBILIZATION AGENCY VIOLATE REGS - M: F

S316.193 13a - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8508 - M: F

S316.193 13c - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8873 - M: F

Cases Citing Statute 316.193

Total Results: 617

Christopher Scott Hughes v. Eleventh Judicial

377 F.3d 1258, 2004 U.S. App. LEXIS 15059, 2004 WL 1627027

Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 2004 | Docket: 373276

Cited 173 times | Published

Stat. § 860.13. 2 . Fla. Stat. § 316.193(1). 3 .There is recent authority

Steven M. Bircoll v. Miami-Dade County

480 F.3d 1072, 2007 U.S. App. LEXIS 5269, 2007 WL 677764

Court of Appeals for the Eleventh Circuit | Filed: Mar 7, 2007 | Docket: 920397

Cited 155 times | Published

time the person was arrested. Fla. Stat. § 316.193(9). 9 . Bircoll’s complaint also

Everton v. Willard

468 So. 2d 936, 10 Fla. L. Weekly 201

Supreme Court of Florida | Filed: Apr 4, 1985 | Docket: 1402273

Cited 112 times | Published

are discussed below: ministerial duty under section 316.193, Florida Statutes (1977), and the duty of those

State v. Bender

382 So. 2d 697

Supreme Court of Florida | Filed: Apr 3, 1980 | Docket: 1674609

Cited 104 times | Published

for unlawful blood alcohol in violation of section 316.193, Florida Statutes (1977). The validity of this

United States v. Harrison

558 F.3d 1280, 2009 U.S. App. LEXIS 3014, 2009 WL 395237

Court of Appeals for the Eleventh Circuit | Filed: Feb 19, 2009 | Docket: 1591262

Cited 78 times | Published

And second, is such conduct, as proscribed by § 316.193(2), "roughly similar . . . in kind" to the enumerated

Standard Jury Instructions-Criminal Cases

603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854

Cited 75 times | Published

DUI MANSLAUGHTER (Amended) F.S. 316.193(3)(c)3 Before you can find the

Bautista v. State

863 So. 2d 1180, 2003 WL 22860461

Supreme Court of Florida | Filed: Dec 4, 2003 | Docket: 1432406

Cited 66 times | Published

DISCUSSION The DUI manslaughter statute, section 316.193(3)(c)(3), Florida Statutes (2002), provides:

Unruh v. State

669 So. 2d 242, 1996 WL 97457

Supreme Court of Florida | Filed: Mar 7, 1996 | Docket: 117675

Cited 65 times | Published

Unruh was tried and convicted of DUI under section 316.193, Florida Statutes (1991). On appeal, the circuit

Sieniarecki v. State

756 So. 2d 68, 2000 WL 488455

Supreme Court of Florida | Filed: Apr 27, 2000 | Docket: 471339

Cited 52 times | Published

Muller, 693 So.2d 976 (Fla.1997) (holding that section 316.193(6)(d), Florida Statutes (1993), which requires

Kelvin Leon Reed v. Secretary, Florida Department of Corrections

767 F.3d 1252, 2014 U.S. App. LEXIS 18295, 2014 WL 4724692

Court of Appeals for the Eleventh Circuit | Filed: Sep 24, 2014 | Docket: 1352910

Cited 48 times | Published

(DUI) manslaughter in violation of Fla. Stat. § 316.193; two counts of vehicular homicide arising out

State v. McClain

525 So. 2d 420, 1988 WL 50191

Supreme Court of Florida | Filed: May 19, 1988 | Docket: 1304680

Cited 48 times | Published

driver was charged with DUI in violation of section 316.193, Florida Statutes (1985). The investigating

Robertson v. State

604 So. 2d 783, 1992 WL 163957

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686306

Cited 45 times | Published

section [] 316.1933 to prove a violation of section 316.193 or must the state introduce competent proof

Magaw v. State

537 So. 2d 564, 1989 WL 3717

Supreme Court of Florida | Filed: Jan 12, 1989 | Docket: 65156

Cited 45 times | Published

2d 638 (Fla. 1986) still valid in light of section 316.193(3)(c) Florida Statutes (Supp. 1986)? 523 So

In Re Standard Jury Inst.-Criminal Cases

765 So. 2d 692, 2000 WL 329427

Supreme Court of Florida | Filed: Mar 30, 2000 | Docket: 428972

Cited 41 times | Published

Influence] DRIVING WHILE UNDER THE INFLUENCE F.S. 316.193 Before you can find the defendant guilty of

Standard Jury Instructions

723 So. 2d 123

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 1319450

Cited 40 times | Published

thirteen years of age. FELONY DUIPRIOR CONVICTIONS F.S. 316.193(2)(b) Before you can

Burks v. State

613 So. 2d 441, 1993 WL 8980

Supreme Court of Florida | Filed: Jan 21, 1993 | Docket: 380068

Cited 40 times | Published

test announced in the above cases. NOTES [1] § 316.193(3), Fla. Stat. (1989). [2] Corpus delicti is

State v. Jones

483 So. 2d 433, 11 Fla. L. Weekly 67

Supreme Court of Florida | Filed: Feb 20, 1986 | Docket: 1511931

Cited 38 times | Published

alcoholic beverages (DUI), a violation of section 316.193, Florida Statutes (1981). The Tampa police

Ivester v. State

398 So. 2d 926

District Court of Appeal of Florida | Filed: May 11, 1981 | Docket: 2518353

Cited 38 times | Published

influence of alcoholic beverages in violation of Section 316.193, Florida Statutes, the defendant below, Danny

State v. Rolle

560 So. 2d 1154, 1990 WL 20560

Supreme Court of Florida | Filed: Mar 1, 1990 | Docket: 760105

Cited 37 times | Published

felony driving under the influence pursuant to section 316.193(2)(b), Florida Statutes (1985). That statute

Mathis v. Coats

24 So. 3d 1284, 2010 Fla. App. LEXIS 43, 2010 WL 45857

District Court of Appeal of Florida | Filed: Jan 8, 2010 | Docket: 1648266

Cited 34 times | Published

driving under the influence, in violation of section 316.193, Florida Statutes (2003). Deputy McKenzie handcuffed

In Re Standard Jury Instructions in Criminal Cases—Report No. 2008-08

6 So. 3d 574, 34 Fla. L. Weekly Supp. 232, 2009 Fla. LEXIS 313, 2009 WL 465938

Supreme Court of Florida | Filed: Feb 26, 2009 | Docket: 1665876

Cited 34 times | Published

DRIVING UNDER THE INFLUENCE DUI MANSLAUGHTER § 316.193(3)(a)(b)(c)3, Fla. Stat. To prove the crime of

Williams v. State

710 So. 2d 24, 1998 WL 116170

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 1731548

Cited 31 times | Published

evidence to establish an unlawful BAC. Under Section 316.193(1), Florida Statutes (1993), a person is guilty

State v. Meador

674 So. 2d 826, 1996 WL 252233

District Court of Appeal of Florida | Filed: May 15, 1996 | Docket: 1195272

Cited 31 times | Published

under the influence of alcohol pursuant to section 316.193(1), Florida Statutes (1991). Defendant Meador

State v. Meador

674 So. 2d 826, 1996 WL 252233

District Court of Appeal of Florida | Filed: May 15, 1996 | Docket: 1195272

Cited 31 times | Published

under the influence of alcohol pursuant to section 316.193(1), Florida Statutes (1991). Defendant Meador

Drury v. Harding

461 So. 2d 104

Supreme Court of Florida | Filed: Dec 20, 1984 | Docket: 464516

Cited 31 times | Published

influence of alcohol (DUI) in violation of section 316.193 during the period between July 1, 1982 and

State v. Rodriguez

575 So. 2d 1262, 1991 WL 36398

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 1731302

Cited 30 times | Published

violation of section 316.193(1), (2)(b) of the Florida Statutes (Supp. 1988).[2] Section 316.193(2)(b) provides

State v. Miles

775 So. 2d 950, 2000 WL 1752199

Supreme Court of Florida | Filed: Nov 30, 2000 | Docket: 1667876

Cited 28 times | Published

of section 316.1933 to prove a violation of section 316.193[[7]] or must the state introduce competent

State v. Woodruff

676 So. 2d 975, 1996 WL 254371

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 1317745

Cited 26 times | Published

case would be impossible to obtain. Under section 316.193(2)(b), Florida Statutes (1991), a felony DUI

United States v. Ruben F. Sasnett

925 F.2d 392, 1991 U.S. App. LEXIS 3248, 1991 WL 17247

Court of Appeals for the Eleventh Circuit | Filed: Mar 4, 1991 | Docket: 1000747

Cited 26 times | Published

Sasnett of DUI Manslaughter in violation of Section 316.-193, Florida Statutes, pursuant to the Assi-milative

State v. Kelly

999 So. 2d 1029, 2008 WL 5396701

Supreme Court of Florida | Filed: Dec 30, 2008 | Docket: 465103

Cited 25 times | Published

consistent with legal intoxication in Florida. See § 316.193(1)(c), Fla. Stat. (2003). The Sheriff's Office

Allred v. State

622 So. 2d 984, 1993 WL 241041

Supreme Court of Florida | Filed: Jul 1, 1993 | Docket: 1528970

Cited 25 times | Published

charged with a June 24, 1990 violation of section 316.193(1)(a), (b), Florida Statutes (1989). [2] Miranda

Baker v. State

377 So. 2d 17

Supreme Court of Florida | Filed: Nov 15, 1979 | Docket: 1521681

Cited 25 times | Published

criminal. § 860.01(1), Fla. Stat. (1977); Id. § 316.193(2)(a). The criminality of the conduct, however

State v. Donaldson

579 So. 2d 728, 1991 WL 77646

Supreme Court of Florida | Filed: May 9, 1991 | Docket: 1432154

Cited 24 times | Published

question to be of great public importance: In a section 316.193 prosecution, where the state seeks, over defense

Jones v. State

459 So. 2d 1068

District Court of Appeal of Florida | Filed: Sep 5, 1984 | Docket: 1683360

Cited 23 times | Published

alcoholic beverages (DUI), a violation of section 316.193, Florida Statutes (1983). He filed a pretrial

Haas v. State

597 So. 2d 770, 1992 WL 49938

Supreme Court of Florida | Filed: Mar 19, 1992 | Docket: 1704452

Cited 22 times | Published

sentences. BARKETT, J., concurs. NOTES [1] Section 316.193(1), Florida Statutes (1989), provides: (1)

State v. Bodden

877 So. 2d 680, 2004 WL 792826

Supreme Court of Florida | Filed: Apr 15, 2004 | Docket: 1285292

Cited 21 times | Published

driving under the influence in violation of section 316.193(1), Florida Statutes (2002).[2] During a traffic

DHSMV v. Alliston

813 So. 2d 141, 2002 WL 384310

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 403669

Cited 20 times | Published

issued Mr. Alliston a DUI citation pursuant to section 316.193, Florida Statutes (2000), and suspended his

Tyner v. State

805 So. 2d 862, 2001 WL 1042528

District Court of Appeal of Florida | Filed: Sep 12, 2001 | Docket: 523635

Cited 20 times | Published

DUI causing property damage in violation of section 316.193, Florida Statutes (1995). Under the particular

Hlad v. State

585 So. 2d 928, 1991 WL 165225

Supreme Court of Florida | Filed: Aug 29, 1991 | Docket: 407699

Cited 20 times | Published

of the three prior convictions pursuant to section 316.193(2)(b), Florida Statutes (1987). Hlad contended

Kurtz v. State

564 So. 2d 519, 1990 WL 80800

District Court of Appeal of Florida | Filed: Jun 15, 1990 | Docket: 1689007

Cited 20 times | Published

within the greater offense of DUI manslaughter. § 316.193, Fla. Stat. (Supp. 1988). Mr. Kurtz cannot be

Gasset v. State

490 So. 2d 97, 11 Fla. L. Weekly 1014

District Court of Appeal of Florida | Filed: Apr 29, 1986 | Docket: 1743393

Cited 20 times | Published

charged with driving while under the influence (section 316.193, Florida Statutes (1983)). At no time during

State v. Hubbard

751 So. 2d 552, 1999 WL 1211589

Supreme Court of Florida | Filed: Dec 16, 1999 | Docket: 1712551

Cited 19 times | Published

analysis by noting that the statute at issue, section 316.193, Florida Statutes (1995), was amended in 1986

Florida Rules of Criminal Procedure Re: Sentencing Guidelines

522 So. 2d 374, 13 Fla. L. Weekly 283, 1988 Fla. LEXIS 678, 1988 WL 35623

Supreme Court of Florida | Filed: Apr 21, 1988 | Docket: 1660934

Cited 19 times | Published

authority for the offense of DUI Manslaughter to § 316.193(3)(c)3, Florida Statutes (Supp. 1986). The existing

Johnson v. State

994 So. 2d 960, 2008 WL 4240161

Supreme Court of Florida | Filed: Sep 18, 2008 | Docket: 1666543

Cited 18 times | Published

subsequent violation may be not less than $1,000. § 316.193(2)(b)(3), Fla. Stat. (2004).[1] Additionally,

Shaw v. State

783 So. 2d 1097, 2001 WL 227377

District Court of Appeal of Florida | Filed: Mar 9, 2001 | Docket: 1259351

Cited 18 times | Published

faculties were weakened rather than impaired. Section 316.193, Florida Statutes provides in relevant part:

State v. Hoch

500 So. 2d 597, 11 Fla. L. Weekly 2661

District Court of Appeal of Florida | Filed: Dec 16, 1986 | Docket: 408558

Cited 18 times | Published

alcoholic beverages (DUI), in violation of section 316.193(1), Florida Statutes (1983).[1]*598 After performing

Jackson v. State

456 So. 2d 916

District Court of Appeal of Florida | Filed: Aug 8, 1984 | Docket: 1446592

Cited 18 times | Published

the accident. Appellant argues that since section 316.193, Florida Statutes (1982 Supp.), defining the

Cardenas v. State

867 So. 2d 384, 2004 WL 351171

Supreme Court of Florida | Filed: Feb 26, 2004 | Docket: 1722639

Cited 15 times | Published

more grams of alcohol per 210 liters of breath. § 316.193(1), Fla. Stat. (2003). Section 327.35, Florida

State v. Brigham

694 So. 2d 793, 1997 WL 227497

District Court of Appeal of Florida | Filed: May 7, 1997 | Docket: 1450017

Cited 15 times | Published

dismissal of all charges alleging a violation of section 316.193(1)(b), Florida Statutes (1995). The county

DEPT. OF HWY. SAF. & MOTOR VEH. v. Favino

667 So. 2d 305, 1995 WL 566025

District Court of Appeal of Florida | Filed: Sep 27, 1995 | Docket: 1511476

Cited 15 times | Published

under the influence of alcohol in violation of section 316.193, Florida Statutes. Prior to his arrest, Favino

Stoletz v. State

875 So. 2d 572, 2004 WL 1119362

Supreme Court of Florida | Filed: May 20, 2004 | Docket: 1683994

Cited 14 times | Published

privileges resulting from DUI convictions under section 316.193, Florida Statutes (1999). Applying the rule

Rodgers v. State

804 So. 2d 480, 26 Fla. L. Weekly Fed. D 2886

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 1334466

Cited 14 times | Published

decision would be the same with a jury. [12] See § 316.193(2)(b), Fla. Stat. (2000) ("Any person who is convicted

Martinez v. State

692 So. 2d 199, 1997 WL 30812

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 436342

Cited 14 times | Published

sentence that it did. Rehearing denied. NOTES [1] § 316.193(3)(c)3, Fla.Stat. (1993). [2] Operating on the

STATE, DEPT. OF HIGHWAY SAFETY v. Vogt

489 So. 2d 1168, 11 Fla. L. Weekly 1196

District Court of Appeal of Florida | Filed: May 23, 1986 | Docket: 546059

Cited 14 times | Published

driving under the influence (DUI) as defined in section 316.193, Florida Statutes (1983). Vogt pled nolo contendere

Griffin v. State

457 So. 2d 1070

District Court of Appeal of Florida | Filed: Jul 18, 1984 | Docket: 426303

Cited 14 times | Published

under the influence of alcohol, a violation of section 316.193(1)(a), Florida Statutes (1982). The county

State v. Slaney

653 So. 2d 422, 1995 WL 119071

District Court of Appeal of Florida | Filed: Mar 22, 1995 | Docket: 551966

Cited 13 times | Published

under the influence of an alcoholic beverage [§ 316.193, Fla. Stat. (1991)] before the Dade County Court;

Santos v. State

380 So. 2d 1284

Supreme Court of Florida | Filed: Mar 6, 1980 | Docket: 1402697

Cited 13 times | Published

unlawful blood alcohol level in violation of section 316.193, subsections (1) and (3) respectively, Florida

Laines v. State

662 So. 2d 1248, 1995 WL 353512

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 1683519

Cited 12 times | Published

under two homicide statutes [DUI manslaughter, § 316.193(3)(c)(3), Fla. Stat. (1993), and vehicular homicide

Fieselman v. State

537 So. 2d 603, 1988 WL 123804

District Court of Appeal of Florida | Filed: Nov 22, 1988 | Docket: 427250

Cited 12 times | Published

influence of alcoholic beverages, in violation of Section 316.193(1)(a), Florida Statutes (1985). Fieselman moved

Jones v. State

510 So. 2d 1147, 12 Fla. L. Weekly 1914

District Court of Appeal of Florida | Filed: Aug 7, 1987 | Docket: 1754273

Cited 12 times | Published

injuries inflicted by drunken drivers; however, § 316.193 is a penal statute and as such must be strictly

State v. Carrillo

506 So. 2d 495, 12 Fla. L. Weekly 1184

District Court of Appeal of Florida | Filed: May 7, 1987 | Docket: 1700279

Cited 12 times | Published

influence of alcohol is a misdemeanor per section 316.193, Florida Statutes (1985). Even in the absence

United States v. Eddy Wilmer Vail-Bailon

868 F.3d 1293, 2017 WL 3667647, 2017 U.S. App. LEXIS 16283

Court of Appeals for the Eleventh Circuit | Filed: Aug 25, 2017 | Docket: 6143600

Cited 11 times | Published

serious bodily injury, in violation of Fla. Stat. § 316.193(3)(c)(2), satisfied the definition of “crime of

Houle v. State

33 So. 3d 822, 2010 Fla. App. LEXIS 5588, 2010 WL 1692535

District Court of Appeal of Florida | Filed: Apr 28, 2010 | Docket: 291839

Cited 11 times | Published

alcohol and causing serious bodily injury under section 316.193(3)(c)2., Florida Statutes (2008). Pursuant

Farneth v. State

945 So. 2d 614, 2006 WL 3751304

District Court of Appeal of Florida | Filed: Dec 22, 2006 | Docket: 1399556

Cited 11 times | Published

allegedly showed that Farneth was in violation of section 316.193(1)(c), Florida Statutes (2003), and Farneth

In Re Jury Inst. in Crim. Cases-No. 2006-1

946 So. 2d 1061, 2006 WL 3741064

Supreme Court of Florida | Filed: Dec 21, 2006 | Docket: 1771263

Cited 11 times | Published

So.2d 1220] and 2006. 7.8 DUI MANSLAUGHTER § 316.193(3)(c)3, Fla. Stat. To prove the crime of DUI Manslaughter

State v. Walker

923 So. 2d 1262, 2006 WL 778648

District Court of Appeal of Florida | Filed: Mar 29, 2006 | Docket: 1496430

Cited 11 times | Published

three or more prior occasions, pursuant to section 316.193(2)(b)3, Florida Statutes (2005), and driving

State v. Rivers

787 So. 2d 952, 2001 WL 649071

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 1744987

Cited 11 times | Published

the influence, causing serious bodily injury. § 316.193(3)(c)2, Fla. Stat. (Supp. 1998). The State sought

Nash v. General Motors Corp.

734 So. 2d 437, 1999 WL 246471

District Court of Appeal of Florida | Filed: Apr 28, 1999 | Docket: 1442724

Cited 11 times | Published

was clearly intoxicated as a matter of law. See § 316.193(1)(b), Fla. Stat. (1995). [3] This also moots

MacIas v. State

515 So. 2d 206, 12 Fla. L. Weekly 553

Supreme Court of Florida | Filed: Nov 5, 1987 | Docket: 1749258

Cited 11 times | Published

unlawful blood alcohol level in violation of section 316.193(1) and (3), Florida Statutes (1981). The charges

Goldschmitt v. State

490 So. 2d 123, 11 Fla. L. Weekly 1099

District Court of Appeal of Florida | Filed: May 9, 1986 | Docket: 1743176

Cited 11 times | Published

RESTRICTED LICENSE."[1] We first consider whether section 316.193(4)(a), Florida Statutes (1985), permits the

Whirley v. State

450 So. 2d 836

Supreme Court of Florida | Filed: May 17, 1984 | Docket: 1433500

Cited 11 times | Published

30, 1980, and charged with a violation of section 316.193(1), Florida Statutes (1979), and section 39-2(b)

State v. Rubio

967 So. 2d 768, 2007 WL 2002586

Supreme Court of Florida | Filed: Oct 18, 2007 | Docket: 1408397

Cited 10 times | Published

of any human being commits DUI manslaughter." § 316.193(3)(c)(3), Fla. Stat. (2002) (emphasis added).

Walker v. State

896 So. 2d 712, 2005 WL 425409

Supreme Court of Florida | Filed: Feb 24, 2005 | Docket: 1283058

Cited 10 times | Published

causation is an element of UBAL manslaughter under section 316.193. Thus, Fecske should have been allowed to defend

Whipple v. State

789 So. 2d 1132, 2001 WL 716760

District Court of Appeal of Florida | Filed: Jun 27, 2001 | Docket: 2535894

Cited 10 times | Published

Statutes (1999). Appellant was convicted under section 316.193(3)(c)2, a third degree felony, for DUI with

Lindsay v. State

606 So. 2d 652, 1992 WL 222132

District Court of Appeal of Florida | Filed: Sep 16, 1992 | Docket: 1733750

Cited 10 times | Published

driving under the influence of alcohol under section 316.193, Florida Statutes (1989), after he ran into

Wilhelm v. State

568 So. 2d 1, 1990 WL 130219

Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 533496

Cited 10 times | Published

defendant in Rolle, was charged pursuant to section 316.193, Florida Statutes (1985), with both driving

Williams v. Radivoj

111 B.R. 361, 1989 U.S. Dist. LEXIS 16833, 1989 WL 184843

District Court, S.D. Florida | Filed: Sep 20, 1989 | Docket: 1785413

Cited 10 times | Published

covering other "vehicles." Compare Fla.Stat. § 316.193(1)(a) ("vehicles"), with Fla.Stat. § 327.35 ("vessels")

Langelier v. Coleman

861 F.2d 1508, 1988 U.S. App. LEXIS 17185

Court of Appeals for the Eleventh Circuit | Filed: Dec 20, 1988 | Docket: 279426

Cited 10 times | Published

AFFIRMED. 1 Section 316.193 states that: (1) A person is guilty

State v. Williams

417 So. 2d 755

District Court of Appeal of Florida | Filed: Jul 21, 1982 | Docket: 1721941

Cited 10 times | Published

determining if said person is in violation of section 316.193(1), but the taking of such pre-arrest breath

Chadrick Calvin Cole v. U.S. Attorney General

712 F.3d 517, 2013 WL 978199, 2013 U.S. App. LEXIS 5152

Court of Appeals for the Eleventh Circuit | Filed: Mar 14, 2013 | Docket: 469217

Cited 9 times | Published

decision of this Court holding that Fla. Stat. § 316.193(3)(c)(2), which criminalized driving under the

Cameron v. State

804 So. 2d 338, 2001 WL 803716

District Court of Appeal of Florida | Filed: Jul 18, 2001 | Docket: 1334788

Cited 9 times | Published

clear that there is but one offense under section 316.193(1), and that the state may prove that single

State v. Kliphouse

771 So. 2d 16, 2000 WL 1397471

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 1701142

Cited 9 times | Published

influence, in violation of Florida Statutes section 316.193(1) (1997). Before trial, appellee filed a motion

Jordan v. State

707 So. 2d 816, 1998 WL 66571

District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 1259715

Cited 9 times | Published

DUI/manslaughter and lessens the state's burden of proof. Section 316.193 provides that a person commits this crime if

Melbourne v. State

655 So. 2d 126, 1995 WL 232676

District Court of Appeal of Florida | Filed: Apr 21, 1995 | Docket: 1326963

Cited 9 times | Published

homicides and the DUI with serious injuries under section 316.193, Florida Statutes (1991). Appellant's reliance

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

sentence by scoring each prior conviction under section 316.193, Florida Statutes (Supp. 1984), or section

Logan v. State

592 So. 2d 295, 1991 WL 268554

District Court of Appeal of Florida | Filed: Dec 19, 1991 | Docket: 1429511

Cited 9 times | Published

C.J., and DIAMANTIS, J., concur. NOTES [1] § 316.193(1), Fla. Stat. (1989). [2] § 782.07, Fla. Stat

Murphy v. State

578 So. 2d 410, 1991 WL 58523

District Court of Appeal of Florida | Filed: Apr 17, 1991 | Docket: 440676

Cited 9 times | Published

WALDEN, Senior Judge, concur. NOTES [1] Section 316.193(3)(c)(3) defines DWI manslaughter: Any person:

Hlad v. State

565 So. 2d 762, 1990 WL 98751

District Court of Appeal of Florida | Filed: Jul 19, 1990 | Docket: 1403851

Cited 9 times | Published

from a misdemeanor to a felony pursuant to section 316.193(2)(b), Florida Statutes (1987). He contends

Naumowicz v. State

562 So. 2d 710, 1990 WL 41243

District Court of Appeal of Florida | Filed: Apr 10, 1990 | Docket: 1674621

Cited 9 times | Published

manslaughter of Juhacz and Work, contrary to Section 316.193(3)(a), (c)3, Florida Statutes (1987). That

State v. Powers

555 So. 2d 888, 1990 WL 783

District Court of Appeal of Florida | Filed: Jan 5, 1990 | Docket: 1397268

Cited 9 times | Published

under the influence (DUI) in violation of section 316.193, Florida Statutes (1987). The appellees filed

Rolle v. State

528 So. 2d 1208, 1988 WL 36887

District Court of Appeal of Florida | Filed: Apr 27, 1988 | Docket: 1717659

Cited 9 times | Published

driving under the influence in violation of section 316.193, Florida Statutes (1985), for which he was

State v. Weitz

500 So. 2d 657, 12 Fla. L. Weekly 104

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1689616

Cited 9 times | Published

Weitz was charged with DUI, in violation of section 316.193, Florida Statutes (1985).[1] The State appeals

Florida Department of Highway Safety & Motor Vehicles v. Hernandez

74 So. 3d 1070, 2011 WL 2224791

Supreme Court of Florida | Filed: Nov 10, 2011 | Docket: 2358477

Cited 8 times | Published

incident to a lawful arrest for a violation of section 316.193. The per curiam and concurring on result only

Kelly v. State

987 So. 2d 1237, 2008 WL 3349064

District Court of Appeal of Florida | Filed: Aug 13, 2008 | Docket: 2534022

Cited 8 times | Published

offense contains an element of causation. See § 316.193(3)(c)(2). The leaving the scene of the accident

Gould v. State

974 So. 2d 441, 2007 WL 4415262

District Court of Appeal of Florida | Filed: Dec 19, 2007 | Docket: 1718009

Cited 8 times | Published

for driving under the influence (DUI) under section 316.193, Florida Statutes (2006). The traffic citation

Lovelace v. State

906 So. 2d 1258, 2005 WL 1753319

District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 1775678

Cited 8 times | Published

same incident and prior DUI convictions. See § 316.193(2)(b)1, Fla. Stat. (2004). The county court in

Servis v. State

855 So. 2d 1190, 2003 WL 22316557

District Court of Appeal of Florida | Filed: Oct 10, 2003 | Docket: 1752647

Cited 8 times | Published

Contrary to the prosecutor's statement, under section 316.193, Florida Statutes, to be guilty of driving

Lawrence v. State

801 So. 2d 293, 2001 WL 1589646

District Court of Appeal of Florida | Filed: Dec 14, 2001 | Docket: 1495392

Cited 8 times | Published

of an element that the other does not. Compare § 316.193(3)(c)(3), Fla. Stat. (Supp.1998), with § 316.027(1)(b)

Servis v. State

802 So. 2d 359, 2001 WL 1295209

District Court of Appeal of Florida | Filed: Oct 26, 2001 | Docket: 477245

Cited 8 times | Published

conviction for DUI manslaughter pursuant to section 316.193(3)(a)(b)(c)(3), Florida Statutes (1999). He

State v. Finelli

780 So. 2d 31, 2001 WL 197053

Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 2448505

Cited 8 times | Published

3(b)(4), Fla. Const. In this case, pursuant to section 316.193(2)(b), Florida Statutes (1997) (the "DUI statute")

Department of Highway Safety and Motor Vehicles v. Perry

751 So. 2d 1277, 2000 Fla. App. LEXIS 2932, 2000 WL 282487

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 1310123

Cited 8 times | Published

that the person arrested was in violation of section 316.193; the results of any breath or blood test or

McGoey v. State

736 So. 2d 31, 1999 WL 312254

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 1431925

Cited 8 times | Published

guilt or innocence on the crime as charged. See § 316.193(3)(c)3 Fla. Stat. (1995); Grata v. State, 414

State v. Murray

644 So. 2d 533, 1994 WL 524298

District Court of Appeal of Florida | Filed: Sep 28, 1994 | Docket: 1248284

Cited 8 times | Published

information with one count of DUI pursuant to section 316.193(1), Florida Statutes (1993). Appellee moved

State v. Murray

644 So. 2d 533, 1994 WL 524298

District Court of Appeal of Florida | Filed: Sep 28, 1994 | Docket: 1248284

Cited 8 times | Published

information with one count of DUI pursuant to section 316.193(1), Florida Statutes (1993). Appellee moved

Collins v. State

605 So. 2d 568, 1992 WL 235340

District Court of Appeal of Florida | Filed: Sep 25, 1992 | Docket: 459904

Cited 8 times | Published

concur. NOTES [1] § 316.193(3)(a), (b), (c)3, Fla. Stat. (1989). [2] § 316.193(3)(a), (b), (c)2, Fla

State v. Durkee

584 So. 2d 1080, 1991 WL 148352

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 2257533

Cited 8 times | Published

COBB and DIAMANTIS, JJ., concur. NOTES [1] § 316.193, Fla. Stat. (1989).

Pulaski v. State

540 So. 2d 193, 1989 WL 23509

District Court of Appeal of Florida | Filed: Mar 17, 1989 | Docket: 1294246

Cited 8 times | Published

classifies the offense as a third degree felony. § 316.193(3)(c)(2), Fla. Stat. (1987).[1] Appellant entered

State v. Potter

438 So. 2d 1085

District Court of Appeal of Florida | Filed: Oct 21, 1983 | Docket: 1731745

Cited 8 times | Published

beverages and unlawful blood alcohol, contrary to section 316.193, Florida Statutes (Supp. 1982). She moved to

Hughes v. State

943 So. 2d 176, 2006 WL 1896383

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 534403

Cited 7 times | Published

for operating a motor vehicle contained in section 316.193, Florida Statutes, even though the statute

In Re Maloney

916 So. 2d 786, 2005 WL 3199703

Supreme Court of Florida | Filed: Dec 1, 2005 | Docket: 1187371

Cited 7 times | Published

the influence of alcohol, in violation of section 316.193, Florida Statutes (2003). Judge Maloney's son

State v. VanBebber

848 So. 2d 1046, 2003 WL 21025826

Supreme Court of Florida | Filed: May 8, 2003 | Docket: 252612

Cited 7 times | Published

likely penalty would have been a $500 fine. See § 316.193(2)(a), Fla. Stat. (2000). He was not so fortunate

STATE, DEPT. OF HWY. SAF. AND MOTOR VEHICLES v. Whitley

846 So. 2d 1163, 2003 WL 2002772

District Court of Appeal of Florida | Filed: May 2, 2003 | Docket: 1709853

Cited 7 times | Published

lawfully arrested and charged with a violation of section 316.193, Florida Statutes; and 3) Whitley had an unlawful

Leveritt v. State

817 So. 2d 891, 2002 WL 857314

District Court of Appeal of Florida | Filed: May 7, 2002 | Docket: 2534771

Cited 7 times | Published

of DUI manslaughter, the offense charged. See § 316.193(1) and (3)(c)3, Fla. Stat. (1997). The erroneous

State v. Chapman

805 So. 2d 906, 2001 WL 1245921

District Court of Appeal of Florida | Filed: Oct 19, 2001 | Docket: 1669464

Cited 7 times | Published

property damage is a separate crime under section 316.193(3), Florida Statutes (1999). Cf. Atwaters v

Department of Highway Safety and Motor Vehicles v. Mowry

794 So. 2d 657, 2001 Fla. App. LEXIS 9868, 2001 WL 814953

District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 1473001

Cited 7 times | Published

well above the statutory minimum of .08. See § 316.193(1)(c), Fla.Stat. (1999). Accordingly, she was

Department of Highway Safety and Motor Vehicles v. Mowry

794 So. 2d 657, 2001 Fla. App. LEXIS 9868, 2001 WL 814953

District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 1473001

Cited 7 times | Published

well above the statutory minimum of .08. See § 316.193(1)(c), Fla.Stat. (1999). Accordingly, she was

State v. Swartz

734 So. 2d 448, 1999 WL 270434

District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 1442319

Cited 7 times | Published

felony driving under the influence pursuant to section 316.193(1) & (2)(b). We reverse and remand for reinstatement

State v. Brown

725 So. 2d 441, 1999 WL 49135

District Court of Appeal of Florida | Filed: Feb 5, 1999 | Docket: 1688930

Cited 7 times | Published

beverages," nor does it go on and say, as does section 316.193 to the extent that the person's "normal faculties

State v. Marshall

695 So. 2d 719, 1996 WL 460696

District Court of Appeal of Florida | Filed: Aug 14, 1996 | Docket: 2551063

Cited 7 times | Published

driving under the influence in violation of section 316.193, Florida Statutes ("DUI"). At trial, the county

Watkins v. State

622 So. 2d 1148, 1993 WL 310660

District Court of Appeal of Florida | Filed: Aug 18, 1993 | Docket: 546605

Cited 7 times | Published

"State Uniform Traffic Control" chapter in Section 316.193(3), Florida Statutes (1991). Moreover, we note

Wright v. State

592 So. 2d 1123, 1991 WL 268080

District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 1428961

Cited 7 times | Published

influence (DUI) resulting in serious bodily injury, § 316.193(3)(c), Fla. Stat. (1989), and driving with a suspended

Hope v. State

588 So. 2d 255, 1991 WL 200769

District Court of Appeal of Florida | Filed: Oct 10, 1991 | Docket: 1708501

Cited 7 times | Published

circuit court alleging jurisdiction pursuant to section 316.193(2)(b) and attached certified copies of the

State v. Reisner

584 So. 2d 141, 1991 WL 151382

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1515180

Cited 7 times | Published

NOTES [1] Fla.R.App.P. 9.030(b)(4)(A). [2] § 316.193, Fla. Stat. (1989). [3] Form 1514 (1982). [4]

Baltrus v. State

571 So. 2d 75, 1990 WL 198373

District Court of Appeal of Florida | Filed: Dec 12, 1990 | Docket: 1173065

Cited 7 times | Published

alcoholic beverages ("DUI") in violation of section 316.193, Florida Statutes (1987). Because this is an

Donaldson v. State

561 So. 2d 648, 1990 WL 58566

District Court of Appeal of Florida | Filed: May 9, 1990 | Docket: 2546015

Cited 7 times | Published

be of great public importance: *651 In a section 316.193 prosecution, where the state seeks, over defense

United States v. Robert M. Garner

874 F.2d 1510, 1989 U.S. App. LEXIS 8490, 1989 WL 54714

Court of Appeals for the Eleventh Circuit | Filed: Jun 13, 1989 | Docket: 988750

Cited 7 times | Published

prosecuted for first offense DUI under Fla.Stat. § 316.193 (Supp.1989) and the Federal Assi-milative Crimes

Granade v. Ader

530 So. 2d 1050, 1988 WL 91170

District Court of Appeal of Florida | Filed: Sep 6, 1988 | Docket: 1268385

Cited 7 times | Published

driving under the influence in violation of section 316.193, Florida Statutes (1985). On March 27, Granade

Frazier v. State

530 So. 2d 986, 1988 WL 86338

District Court of Appeal of Florida | Filed: Aug 22, 1988 | Docket: 1267654

Cited 7 times | Published

sentence for DUI manslaughter, in violation of section 316.193(3)(a), (b), (c)3, Fla. Stat. (1986 Supp.).

DEPT. OF HIGHWAY SAFETY v. Bender

497 So. 2d 1332, 11 Fla. L. Weekly 2493

District Court of Appeal of Florida | Filed: Nov 26, 1986 | Docket: 1239657

Cited 7 times | Published

that offense had been renumbered to appear as section 316.193, Florida Statutes (1983). Notwithstanding this

State v. Geiss

70 So. 3d 642, 2011 Fla. App. LEXIS 11414, 2011 WL 2097694

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 441279

Cited 6 times | Published

commit the offense [of DUI] ... a violation of section 316.193(l)(a), Florida State Statutes, Driving Under

State v. Bastos

985 So. 2d 37, 2008 WL 2356368

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1178384

Cited 6 times | Published

of driving under the influence contrary to section 316.193, Florida Statutes. As part of the investigation

Jackson v. State

881 So. 2d 711, 2004 WL 2026790

District Court of Appeal of Florida | Filed: Sep 9, 2004 | Docket: 712517

Cited 6 times | Published

"is convicted of a third violation of this section [316.193] for an offense that occurs within 10 years

STATE, DEPT. OF HIGHWAY SAFETY v. Chamizo

753 So. 2d 749, 2000 WL 293827

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 1729013

Cited 6 times | Published

placed under lawful arrest for a violation of section 316.193, Florida Statutes; and (3) the person had an

Lanoue v. Florida Dept. of Law Enforcement

751 So. 2d 94, 1999 Fla. App. LEXIS 17308, 1999 WL 1259989

District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 1310237

Cited 6 times | Published

speculation or conjecture." Ward, 651 So.2d at 1237. Section 316.193(1)(c), Florida Statutes (1997), provides that

State v. Pelicane

729 So. 2d 534, 1999 WL 213010

District Court of Appeal of Florida | Filed: Apr 14, 1999 | Docket: 1171252

Cited 6 times | Published

had at least three prior DUI convictions. See § 316.193(2)(b), Fla. Stat. (1997). At the hearing, the

Harbaugh v. State

711 So. 2d 77, 1998 WL 171294

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 1337618

Cited 6 times | Published

driving under the influence in violation of section 316.193(2)(b), Florida Statutes (1995); the information

McDaniel v. State

683 So. 2d 597, 1996 WL 661738

District Court of Appeal of Florida | Filed: Nov 15, 1996 | Docket: 1514961

Cited 6 times | Published

charge of DUI manslaughter, a violation of section 316.193(3), Florida Statutes (1993). On November 10

State v. May

670 So. 2d 1002, 1996 WL 46595

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 1671290

Cited 6 times | Published

Magaw v. State, 537 So.2d 564 (Fla.1989); see § 316.193(3), Fla.Stat. (1991). Reckless driving is not

State v. Smith

638 So. 2d 509, 1994 WL 245628

Supreme Court of Florida | Filed: Jun 9, 1994 | Docket: 1169207

Cited 6 times | Published

a willful criminal act. For example, under section 316.193, Florida Statutes (1993), the act of driving

Foster v. State

603 So. 2d 1312, 1992 WL 191176

District Court of Appeal of Florida | Filed: Aug 7, 1992 | Docket: 1738962

Cited 6 times | Published

" Appellant was charged with violations of Section 316.193(3)(c)3., Florida Statutes (1989). That version

State v. McInnis

581 So. 2d 1370, 1991 WL 99924

District Court of Appeal of Florida | Filed: Jun 13, 1991 | Docket: 1283631

Cited 6 times | Published

for the Seventh Judicial Circuit which held section 316.193(4) unconstitutional and which certified the

State v. Eldridge

565 So. 2d 787, 1990 WL 100750

District Court of Appeal of Florida | Filed: Jul 20, 1990 | Docket: 2514195

Cited 6 times | Published

influence (DUI), a misdemeanor proscribed by section 316.193, Florida Statutes (1987). The trial court granted

Green v. State

530 So. 2d 480, 1988 WL 89809

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 1678380

Cited 6 times | Published

then arrested for driving under the influence (§ 316.193(1), Fla. Stat. (1986))[1] and a search incidental

Chu v. State

521 So. 2d 330, 1988 WL 18687

District Court of Appeal of Florida | Filed: Mar 9, 1988 | Docket: 1703600

Cited 6 times | Published

under the influence of alcohol in violation of section 316.193, Florida Statutes (1985). The trial court denied

Layman v. State

455 So. 2d 607

District Court of Appeal of Florida | Filed: Sep 6, 1984 | Docket: 1692830

Cited 6 times | Published

reviewed the issues presented. We hold that section 316.193(1), Florida Statutes (1983), as it exists after

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161

Cited 5 times | Published

UNDER THE INFLUENCE CAUSING SERIOUS BODILY INJURY § 316.193(3)(a)(b)(c)2, Fla. Stat. To prove the crime of

Kezal v. State

42 So. 3d 252, 2010 Fla. App. LEXIS 10022, 2010 WL 2696345

District Court of Appeal of Florida | Filed: Jul 9, 2010 | Docket: 408026

Cited 5 times | Published

plea to the charges of DUI manslaughter, *254 section 316.193(3)(c)(3), Florida Statutes (2005), and DUI

McLaughlin v. Department of Highway Safety & Motor Vehicles

2 So. 3d 988, 2008 Fla. App. LEXIS 17549, 2008 WL 4891047

District Court of Appeal of Florida | Filed: Nov 14, 2008 | Docket: 1644037

Cited 5 times | Published

driving under the influence, a violation of section 316.193, Florida Statutes (2006). Consequently, the

Lescher v. FLORIDA DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES

985 So. 2d 1078, 33 Fla. L. Weekly Supp. 434, 2008 Fla. LEXIS 1221, 2008 WL 2608621

Supreme Court of Florida | Filed: Jul 3, 2008 | Docket: 201250

Cited 5 times | Published

Hudson, 522 U.S. at 99-100, 118 S.Ct. 488. Section 316.193 specifies that a fourth conviction for DUI

Tynan v. DEPARTMENT OF HIGHWAY SAFETY

909 So. 2d 991, 2005 WL 2175462

District Court of Appeal of Florida | Filed: Sep 9, 2005 | Docket: 1199189

Cited 5 times | Published

and .139 blood alcohol levels. Pursuant to section 316.193, Florida Statutes, Tynan's driver's license

Dickenson v. Aultman

905 So. 2d 169, 2005 WL 544844

District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 1711809

Cited 5 times | Published

under the influence ("DUI"), in violation of section 316.193, Florida Statutes (2003). This was Aultman's

Sorrell v. State

855 So. 2d 1253, 2003 WL 22339170

District Court of Appeal of Florida | Filed: Oct 15, 2003 | Docket: 463989

Cited 5 times | Published

which are not at issue on this appeal. [3] Section 316.193(2)(b)1., Florida Statutes (2001) provides that:

Goodwin v. State

826 So. 2d 1022, 2001 WL 649810

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 1198219

Cited 5 times | Published

alcoholic beverages, causing property damage. See § 316.193, Fla. Stat. (Supp.1998). Petitioners sought suppression

Fecske v. State

757 So. 2d 548, 2000 WL 390258

District Court of Appeal of Florida | Filed: Apr 19, 2000 | Docket: 1698228

Cited 5 times | Published

unlawful blood alcohol (UBAL) manslaughter under section 316.193, Florida Statutes (1995).[1] Of the six points

State v. Scibana

726 So. 2d 793, 1999 WL 2678

District Court of Appeal of Florida | Filed: Jan 6, 1999 | Docket: 1307522

Cited 5 times | Published

for a first DUI conviction is provided by section 316.193, Florida Statutes (Supp.1994). The penalty

State v. Friedrich

681 So. 2d 1157, 1996 WL 514577

District Court of Appeal of Florida | Filed: Sep 12, 1996 | Docket: 1385590

Cited 5 times | Published

Judge Frank N. Kaney, Acting County Judge. [3] § 316.193, Fla.Stat. (1993). [4] Fla.R.App.P. 9.160(b)

Werhan v. State

673 So. 2d 550, 1996 WL 262261

District Court of Appeal of Florida | Filed: May 20, 1996 | Docket: 1245927

Cited 5 times | Published

level in excess of the *553 legal limit. See § 316.193, Fla.Stat. (1993). The jury was free to conclude

Bryant v. State

644 So. 2d 513, 1994 WL 474926

District Court of Appeal of Florida | Filed: Sep 2, 1994 | Docket: 1248332

Cited 5 times | Published

felony with the attendant consequences of a section 316.193 conviction. We also observe that appellant

Register v. State

619 So. 2d 498, 1993 WL 197482

District Court of Appeal of Florida | Filed: Jun 11, 1993 | Docket: 1721804

Cited 5 times | Published

enhance the present offense to felony status. See § 316.193(2)(b), Fla. Stat. (1991). Register asserts that

Cooper v. State

621 So. 2d 729, 1993 WL 186549

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 1265937

Cited 5 times | Published

causing the death of another human being. Section 316.193, Florida Statutes (1991), which pertains to

Williamson v. State

569 So. 2d 1368, 1990 WL 175789

District Court of Appeal of Florida | Filed: Nov 14, 1990 | Docket: 1190579

Cited 5 times | Published

felony, rather than a second-degree felony. Section 316.193(3)(a), (b), (c)(2), Florida Statutes. Finally

Carr v. State

561 So. 2d 617, 15 Fla. L. Weekly Fed. D 1211

District Court of Appeal of Florida | Filed: May 3, 1990 | Docket: 1480438

Cited 5 times | Published

782.07,[6] although it might have been under section 316.193, Florida Statutes (1987) (driving under the

Gray v. Lewis (In Re Lewis)

69 B.R. 600, 1987 Bankr. LEXIS 85, 15 Bankr. Ct. Dec. (CRR) 460

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 29, 1987 | Docket: 1092047

Cited 5 times | Published

alcohol level is 0.10 percent or higher. FLA.STAT. § 316.193(1)(b)(1985). The debtor's blood alcohol level

Higdon v. State

465 So. 2d 1309, 10 Fla. L. Weekly 702

District Court of Appeal of Florida | Filed: Mar 14, 1985 | Docket: 1324124

Cited 5 times | Published

this section shall be punished as provided in Section 316.193. (2) If, however, damage to property or person

Cynthia Proctor Bedell v. State of Florida

250 So. 3d 146

District Court of Appeal of Florida | Filed: May 31, 2018 | Docket: 6979318

Cited 4 times | Published

reserving her right to appeal the denials. See § 316.193(2)(b)1, Fla. Stat. (2016). Because we find that

Wheeler v. State

87 So. 3d 5, 2012 Fla. App. LEXIS 674, 2012 WL 162029

District Court of Appeal of Florida | Filed: Jan 20, 2012 | Docket: 60308005

Cited 4 times | Published

EVANDER, COHEN and JACOBUS, JJ., concur. . See. § 316.193(3)(c)3.a., Fla. Stat. (2008).

State v. Walton

42 So. 3d 902, 2010 Fla. App. LEXIS 12211, 2010 WL 3270967

District Court of Appeal of Florida | Filed: Aug 20, 2010 | Docket: 1148569

Cited 4 times | Published

with serious bodily injury, a violation of section 316.193(3)(c)(2), Florida Statutes (2006), and count

State v. Walton

42 So. 3d 902, 2010 Fla. App. LEXIS 12211, 2010 WL 3270967

District Court of Appeal of Florida | Filed: Aug 20, 2010 | Docket: 1148569

Cited 4 times | Published

with serious bodily injury, a violation of section 316.193(3)(c)(2), Florida Statutes (2006), and count

Edwards v. State

39 So. 3d 447, 2010 Fla. App. LEXIS 9571, 2010 WL 2675302

District Court of Appeal of Florida | Filed: Jun 30, 2010 | Docket: 2382518

Cited 4 times | Published

"cause[d] or contribute[d]" to the death of another. § 316.193(3)(c)3., Fla. Stat. The state sought to prove

K.J. Ex Rel. A.J. v. Department of Children & Families

33 So. 3d 88, 2010 Fla. App. LEXIS 5165, 2010 WL 1477567

District Court of Appeal of Florida | Filed: Apr 12, 2010 | Docket: 1153974

Cited 4 times | Published

than a single occurrence. See e.g., Fla. Stat. § 316.193(2)(b) (2008) (any person who commits DUI and has

Archbishop Coleman F. Carroll High School, Inc. v. Maynoldi

30 So. 3d 533, 2010 Fla. App. LEXIS 1352, 2010 WL 445709

District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 1639241

Cited 4 times | Published

criminal charge of driving under the influence; § 316.193, Fla. Stat. (2001). That level is also the critical

Bircoll v. Miami-Dade County

410 F. Supp. 2d 1280, 2006 U.S. Dist. LEXIS 4086, 2006 WL 164912

District Court, S.D. Florida | Filed: Jan 18, 2006 | Docket: 2217152

Cited 4 times | Published

detainment was not discriminatory. Under Fla. Stat. § 316.193(9), "A person who is arrested for a violation

DMV v. Patrick

895 So. 2d 1131, 2005 WL 264121

District Court of Appeal of Florida | Filed: Feb 4, 2005 | Docket: 1255348

Cited 4 times | Published

lawfully arrested and charged with a violation of section 316.193, Florida Statutes (2003); and that she had

Case v. State

865 So. 2d 557, 2003 WL 23014396

District Court of Appeal of Florida | Filed: Dec 29, 2003 | Docket: 1656279

Cited 4 times | Published

punishable by up to six months' imprisonment. See § 316.193(2)(a) 2.a., Fla. Stat. (2001). At first appearance

Thomas v. State

820 So. 2d 382, 2002 WL 1058454

District Court of Appeal of Florida | Filed: May 29, 2002 | Docket: 1362406

Cited 4 times | Published

Judge, concur. NOTES [1] § 316.193(3)(c)(2), Fla. Stat. (1999). [2] § 316.193(3)(c)(1), Fla. Stat. (1999)

DEPT. OF HIGHWAY SAFETY v. Pitts

815 So. 2d 738, 2002 WL 825944

District Court of Appeal of Florida | Filed: May 2, 2002 | Docket: 1277688

Cited 4 times | Published

person who has been arrested for violating section 316.193 for driving with an unlawful breath alcohol

Bonine v. State

811 So. 2d 863, 2002 WL 464162

District Court of Appeal of Florida | Filed: Mar 28, 2002 | Docket: 1723856

Cited 4 times | Published

charged with DUI/manslaughter, pursuant to section 316.193. The jury instructions were that he could be

State v. VanBebber

805 So. 2d 918, 2001 WL 1299449

District Court of Appeal of Florida | Filed: Oct 26, 2001 | Docket: 1669529

Cited 4 times | Published

likely penalty would have been a $500 fine. See § 316.193(2)(a), Fla. Stat. (2000). He was not so fortunate

Hembree v. State

790 So. 2d 590, 2001 WL 871476

District Court of Appeal of Florida | Filed: Aug 3, 2001 | Docket: 1499318

Cited 4 times | Published

JJ., concur. NOTES [1] § 316.193(3)(a)(b)(c)(3), Fla. Stat. [2] § 316.193(1) and (2)(a), Fla. Stat

DEPARTMENT OF HIGHWAY SAFETY v. Nikollaj

780 So. 2d 943, 2001 WL 173285

District Court of Appeal of Florida | Filed: Feb 23, 2001 | Docket: 1708728

Cited 4 times | Published

to such a test; or b. the driver violated section 316.193 by driving with an unlawful blood-alcohol level

State v. Muller

693 So. 2d 976, 1997 WL 251743

Supreme Court of Florida | Filed: May 15, 1997 | Docket: 435045

Cited 4 times | Published

681 So.2d 725 (Fla. 2d DCA 1996), declaring section 316.193(6)(d), Florida Statutes (1993), to be unconstitutionally

State v. Tagner

673 So. 2d 57, 1996 WL 120420

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 1245648

Cited 4 times | Published

had a blood alcohol level of.08% or higher. See § 316.193, Fla.Stat. (1993). By defendant's own admission

State v. Lamoureux

660 So. 2d 1063, 1995 WL 396318

District Court of Appeal of Florida | Filed: Jul 7, 1995 | Docket: 1641838

Cited 4 times | Published

with serious bodily injury in violation of section 316.193, Florida Statutes (1993); and one count of

DEPT. OF HIGHWAY SAFETY v. Satter

643 So. 2d 692, 1994 WL 559635

District Court of Appeal of Florida | Filed: Oct 14, 1994 | Docket: 137201

Cited 4 times | Published

[2] § 322.2615(13), Fla. Stat. (1991). [3] § 316.193, Fla. Stat. (1991). [4] This section provides:

Fleming v. State

637 So. 2d 945, 1994 WL 226573

District Court of Appeal of Florida | Filed: May 27, 1994 | Docket: 756978

Cited 4 times | Published

DIAMANTIS, JJ., concur. NOTES [1] § 316.193, Fla. Stat. (1991). [2] § 316.193, Fla. Stat. (1991).

ST. DEPT., HIGHWAY SAFETY v. Padilla

629 So. 2d 180, 1993 WL 442273

District Court of Appeal of Florida | Filed: Nov 2, 1993 | Docket: 1264216

Cited 4 times | Published

that the person arrested was in violation of section 316.193." Below, Padilla challenged the competency

State v. Knowles

625 So. 2d 88, 1993 WL 383000

District Court of Appeal of Florida | Filed: Oct 1, 1993 | Docket: 474227

Cited 4 times | Published

with driving under the influence pursuant to section 316.193.[5] Thereafter, Knowles paid the traffic citation

Parker v. State

590 So. 2d 1027, 1991 WL 265042

District Court of Appeal of Florida | Filed: Dec 13, 1991 | Docket: 2553700

Cited 4 times | Published

raised by appellant, case law has interpreted Section 316.193(3), Florida Statutes (1989), as requiring proof

State v. Mahoy

575 So. 2d 779, 1991 WL 27507

District Court of Appeal of Florida | Filed: Mar 7, 1991 | Docket: 1443288

Cited 4 times | Published

(1989). [2] § 316.1925, Fla. Stat. (1989). [3] § 316.193, Fla. Stat. (1989). [4] Section 901.18 provides

Alberto Santiago Sanchez Defuentes v. Richard L. Dugger, Robert Butterworth

923 F.2d 801, 1991 U.S. App. LEXIS 1688, 1991 WL 4777

Court of Appeals for the Eleventh Circuit | Filed: Feb 8, 1991 | Docket: 1997558

Cited 4 times | Published

charged by amended information with a violation of § 316.193(3), 1 Florida Statutes, 1987, for operating

Carbone v. State

564 So. 2d 1253, 1990 WL 111958

District Court of Appeal of Florida | Filed: Aug 8, 1990 | Docket: 1294364

Cited 4 times | Published

injury to persons or property in violation of section 316.193(3)(a)(1), Florida Statutes. Appellant rear-ended

Carbone v. State

564 So. 2d 1253, 1990 WL 111958

District Court of Appeal of Florida | Filed: Aug 8, 1990 | Docket: 1294364

Cited 4 times | Published

injury to persons or property in violation of section 316.193(3)(a)(1), Florida Statutes. Appellant rear-ended

State v. Troehler

546 So. 2d 109, 1989 WL 73858

District Court of Appeal of Florida | Filed: Jul 7, 1989 | Docket: 1442042

Cited 4 times | Published

convictions for Driving Under the Influence, section 316.193(2)(b), Florida Statutes (1987), could not be

Mitchell v. State

538 So. 2d 106, 1989 WL 9155

District Court of Appeal of Florida | Filed: Feb 8, 1989 | Docket: 1517131

Cited 4 times | Published

in the county court, charged with violating section 316.193(1), Florida Statutes (1987), the criminal traffic

Langelier v. Coleman

861 F.2d 1508, 1988 WL 127629

Court of Appeals for the Eleventh Circuit | Filed: Dec 20, 1988 | Docket: 66240123

Cited 4 times | Published

Arresting Langelier for DUI in violation of § 316.193(1), Fla.Stat. (1987),1 the officer escorted him

State v. Perez

531 So. 2d 961, 1988 WL 103829

Supreme Court of Florida | Filed: Oct 6, 1988 | Docket: 544062

Cited 4 times | Published

driving under the influence in violation of section 316.193(1), Florida Statutes (1985). Perez moved to

Pritchard v. State

528 So. 2d 1272, 1988 WL 75572

District Court of Appeal of Florida | Filed: Jul 22, 1988 | Docket: 1717638

Cited 4 times | Published

in the information by merely referring to section 316.193(2)(b); no mention was made as to any previous

Magaw v. State

523 So. 2d 762, 1988 WL 33692

District Court of Appeal of Florida | Filed: Apr 15, 1988 | Docket: 2562904

Cited 4 times | Published

Statutes has been repealed and replaced by section 316.193(3)(c), Florida Statute (Supp. 1986).[1] We

Van Buren v. State

500 So. 2d 732, 12 Fla. L. Weekly 215

District Court of Appeal of Florida | Filed: Jan 9, 1987 | Docket: 1295191

Cited 4 times | Published

felonies involving the use of guns. Similarly, section 316.193(4) Florida Statutes (1985) provides mandatory

Drury v. Harding

443 So. 2d 360

District Court of Appeal of Florida | Filed: Dec 29, 1983 | Docket: 1459178

Cited 4 times | Published

while under the influence of alcohol (DUI), Section 316.193, Florida Statutes (Supp. 1982), seek review

State v. Muoio

438 So. 2d 160

District Court of Appeal of Florida | Filed: Sep 21, 1983 | Docket: 1731818

Cited 4 times | Published

fine prescribed for second offenders under section 316.193(2), Florida Statutes (1982 Supp.).[1]*162 The

Jordan Johnson v. State of Florida

275 So. 3d 800

District Court of Appeal of Florida | Filed: Jul 9, 2019 | Docket: 15892182

Cited 3 times | Published

the fact that Johnson was operating a car. See § 316.193(1)(a), Fla. Stat. (criminalizing driving under

THE CITY OF BOCA RATON, FL v. CLAIRE L. BASSO

242 So. 3d 1141

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354238

Cited 3 times | Published

such a policy is contrary to Florida law. See § 316.193(9)(b), Fla. Stat. (2016) (holding that a suspect

Colon v. State

53 So. 3d 376, 2011 Fla. App. LEXIS 595, 2011 WL 248549

District Court of Appeal of Florida | Filed: Jan 28, 2011 | Docket: 60298088

Cited 3 times | Published

along with two other passengers. . Under section 316.193(3)(c)3.b., the penalty is enhanced to a first-degree

Chesser v. State

30 So. 3d 625, 2010 Fla. App. LEXIS 3350, 2010 WL 935476

District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 414528

Cited 3 times | Published

Alexander Chesser appeals convictions under section 316.193(3), Florida Statutes (2006), on two counts

Estrich v. State

995 So. 2d 613, 2008 WL 4998757

District Court of Appeal of Florida | Filed: Nov 26, 2008 | Docket: 1684332

Cited 3 times | Published

of less than 20 grams of marijuana. Under section 316.193(3), Florida Statutes (2007), the gist of the

Robinson v. State

982 So. 2d 1260, 2008 WL 2228680

District Court of Appeal of Florida | Filed: Jun 2, 2008 | Docket: 1206456

Cited 3 times | Published

the influence of alcohol, in violation of section 316.193(3), Florida Statutes (2003). He contends the

Hill v. Department of Highway Safety and Motor Vehicles

891 So. 2d 1202, 2005 Fla. App. LEXIS 873, 2005 WL 236084

District Court of Appeal of Florida | Filed: Feb 2, 2005 | Docket: 2581250

Cited 3 times | Published

conviction for DUI manslaughter in violation of section 316.193(3)(c)3., Florida Statutes. The Department found

STATE, DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. Possati

866 So. 2d 737, 2004 WL 306037

District Court of Appeal of Florida | Filed: Feb 11, 2004 | Docket: 1680251

Cited 3 times | Published

771 So.2d 16, 22 (Fla. 4th DCA 2000); see also § 316.193(1)(a), Fla. Stat. (2001).[5] Possati argues that

Hughes v. Eleventh Judicial Circuit of Florida

274 F. Supp. 2d 1334, 2003 U.S. Dist. LEXIS 13585, 2003 WL 21800064

District Court, S.D. Florida | Filed: Aug 5, 2003 | Docket: 2361052

Cited 3 times | Published

(6) This case is CLOSED. NOTES [1] Fla. Stat. § 316.193(1)(c) provides: (1) A person is guilty of the

Zuckerman v. Robinson

846 So. 2d 1257, 2003 WL 21347199

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 1709881

Cited 3 times | Published

level of blood alcohol has been lowered to .08. § 316.193(1)(b), Fla. Stat. (2002). [2] Lehman v. Spencer

Department of Highway Safety and Motor Vehicles v. Cochran

798 So. 2d 761, 2001 WL 907869

District Court of Appeal of Florida | Filed: Oct 26, 2001 | Docket: 1244807

Cited 3 times | Published

officer issued Cochran a citation for violating section 316.193, Florida Statutes (1999), pursuant to which

Tur v. State

797 So. 2d 4, 2001 WL 20773

District Court of Appeal of Florida | Filed: Jan 10, 2001 | Docket: 1359837

Cited 3 times | Published

arrested and charged with D.U.I. in violation of section 316.193 (1999). On the next day, he appeared before

State v. Olivo

759 So. 2d 647, 2000 WL 350556

Supreme Court of Florida | Filed: Apr 6, 2000 | Docket: 178608

Cited 3 times | Published

with serious bodily injury in violation of section 316.193(3)(c)(2), Florida Statutes (1995). Olivo's

State v. Townsend

746 So. 2d 495, 1999 WL 1036294

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 1360567

Cited 3 times | Published

information with DUI manslaughter in violation of section 316.193(3)(c)3, Florida Statutes (1995); vehicular

State v. Witcher

737 So. 2d 584, 1999 WL 420478

District Court of Appeal of Florida | Filed: Jun 25, 1999 | Docket: 1709616

Cited 3 times | Published

indeed poorly drafted. It appears to cite section 316.193(B), as the statute violated, yet no such subsection

Gerlitz v. State

725 So. 2d 393, 1998 WL 889257

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 1294004

Cited 3 times | Published

injury to person or property, contrary to section 316.193(3)(c)1, Florida Statutes (1997). The charges

McFadden v. State

732 So. 2d 335, 1998 WL 716703

District Court of Appeal of Florida | Filed: Oct 15, 1998 | Docket: 1513368

Cited 3 times | Published

DUI. The applicable DUI penalty provision, section 316.193(2)(b), provides: (b) Any person who is convicted

Euceda v. State

711 So. 2d 122, 1998 WL 204689

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 1700511

Cited 3 times | Published

breath alcohol level of 0.08 percent or higher." § 316.193(1)(b), Fla. Stat. (Supp.1994). (2) By showing

Davis v. State

710 So. 2d 116, 1998 WL 171396

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 246177

Cited 3 times | Published

it was punishable by up to a year in jail. See § 316.193(2)(a)2c, Fla. Stat. (1993). The attachments to

State v. Sams

676 So. 2d 1045, 1996 WL 373121

District Court of Appeal of Florida | Filed: Jul 5, 1996 | Docket: 1317787

Cited 3 times | Published

DAUKSCH and ANTOON, JJ., concur. NOTES [1] § 316.193(3)(c)3, Fla. Stat. (1993).

Contreras v. Dale (In Re Dale)

199 B.R. 1014, 9 Fla. L. Weekly Fed. B 281, 1995 Bankr. LEXIS 2097

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 1, 1995 | Docket: 1112869

Cited 3 times | Published

a motor vehicle while intoxicated is found in § 316.193, Fla. Stat. (1991), which provides in relevant

State v. Ginn

660 So. 2d 1118, 1995 WL 509286

District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 1755931

Cited 3 times | Published

holding the vehicle impoundment provision in section 316.193(6)(d), Florida Statutes (1993), unconstitutional

State v. Lukas

652 So. 2d 1177, 1995 WL 96797

District Court of Appeal of Florida | Filed: Mar 10, 1995 | Docket: 1518114

Cited 3 times | Published

remanded. DANAHY and PARKER, JJ., concur. NOTES [1] § 316.193(3), Fla. Stat. (1991). [2] § 782.07, Fla. Stat

DEPT. OF HWY. SAFETY AND MOTOR VEHICLES v. McGill

616 So. 2d 1212, 1993 Fla. App. LEXIS 4516, 1993 WL 125163

District Court of Appeal of Florida | Filed: Apr 23, 1993 | Docket: 1726647

Cited 3 times | Published

that the person arrested was in violation of section 316.193; (c) an affidavit of any breath, urine or blood

Cox v. State

618 So. 2d 291, 1993 WL 114782

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 1376126

Cited 3 times | Published

offense. Wimberly. Simple DUI, as defined in section 316.193(1), is actually an element of the offense of

State v. Berger

605 So. 2d 488, 1992 WL 206421

District Court of Appeal of Florida | Filed: Aug 26, 1992 | Docket: 1343203

Cited 3 times | Published

concentration higher than .10 in violation of section 316.193, Florida Statutes (1991). All of the appellees

Register v. State

582 So. 2d 762, 1991 WL 126691

District Court of Appeal of Florida | Filed: Jul 11, 1991 | Docket: 2586652

Cited 3 times | Published

Toledo v. State

580 So. 2d 335, 1991 WL 92372

District Court of Appeal of Florida | Filed: Jun 4, 1991 | Docket: 1716492

Cited 3 times | Published

the defendant, was found guilty of violating Section 316.193, Florida Statutes (1989), for Driving Under

Collins v. State

578 So. 2d 30, 1991 WL 55413

District Court of Appeal of Florida | Filed: Apr 17, 1991 | Docket: 1525299

Cited 3 times | Published

Nichols's death, violating section 316.193(1)(a), (b), and section 316.193(3)(a), (b), and (c)(3). Count

Darley v. Marquee Enterprises, Inc.

565 So. 2d 715, 1990 WL 67299

District Court of Appeal of Florida | Filed: May 23, 1990 | Docket: 1403849

Cited 3 times | Published

beverages. One of the instructions was based on section 316.193 and the other on section 322.262(2)(c), Florida

State v. Boynton

556 So. 2d 428, 1989 WL 153664

District Court of Appeal of Florida | Filed: Dec 20, 1989 | Docket: 1528353

Cited 3 times | Published

automobile while intoxicated (DUI), contrary to section 316.193, Florida Statutes (1987). We grant certiorari

Kohler v. State

534 So. 2d 1213, 1988 WL 126191

District Court of Appeal of Florida | Filed: Dec 1, 1988 | Docket: 2566551

Cited 3 times | Published

influence of alcohol (DUI) in violation of section 316.193(2)(b), Florida Statutes (1985). Appellant was

State v. Howard

510 So. 2d 612, 12 Fla. L. Weekly 1540

District Court of Appeal of Florida | Filed: Jun 23, 1987 | Docket: 1589957

Cited 3 times | Published

driving while under the influence, pursuant to section 316.193, Florida Statutes (1985), for riding a bicycle

Cuciak v. State

394 So. 2d 500

District Court of Appeal of Florida | Filed: Feb 18, 1981 | Docket: 1692084

Cited 3 times | Published

by driving while impaired, in violation of Section 316.193, Florida Statutes (1979); and (3) by driving

Griffin v. State

367 So. 2d 736

District Court of Appeal of Florida | Filed: Feb 21, 1979 | Docket: 1329395

Cited 3 times | Published

on a charge of driving while intoxicated (F.S. § 316.193) after a jury trial. Petitioner contends this

Gregory John Landrum v. State

149 So. 3d 98, 2014 Fla. App. LEXIS 13661, 2014 WL 4327954

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150933

Cited 2 times | Published

of the offense of driving under the influence. § 316.193(12), Fla. Stat. (2014). That alternate method

Kidder v. State

117 So. 3d 1166, 2013 WL 2494704, 2013 Fla. App. LEXIS 9264

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60232568

Cited 2 times | Published

establish an unlawful blood alcohol level. See § 316.193(1 )(b), Fla. Stat. (2009). At the hearing on the

Stangarone v. State

94 So. 3d 652, 2012 WL 3101520, 2012 Fla. App. LEXIS 12519

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60310932

Cited 2 times | Published

driving under the influence, in violation of section 316.193(2)(b), Florida Statutes. Pursuant to the plea

Hyden v. State

117 So. 3d 1, 2011 WL 3685842, 2011 Fla. App. LEXIS 13336

District Court of Appeal of Florida | Filed: Aug 24, 2011 | Docket: 60232520

Cited 2 times | Published

the 1997 convictions. The plain language of section 316.193(2)(b)(3), Florida Statutes (2008), provides

State v. Grosser

24 So. 3d 718, 2009 Fla. App. LEXIS 20018, 2009 WL 4927906

District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 1152650

Cited 2 times | Published

requisite two alleged prior DUI convictions. See § 316.193(2)(b), Fla. Stat. (2004). Lovelace, does not stand

Ibarrondo v. State

1 So. 3d 226, 2008 Fla. App. LEXIS 20619, 2008 WL 5352101

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1653622

Cited 2 times | Published

necessarily implicates the constitutionality of section 316.193(12), Florida Statutes (2007). We hold that

State v. Brown

995 So. 2d 1034, 2008 WL 4862629

District Court of Appeal of Florida | Filed: Nov 12, 2008 | Docket: 1285402

Cited 2 times | Published

that the defendant was charged with DUI under section 316.193, Florida Statutes (1987), with an issue date

Syverud v. State

987 So. 2d 1250, 2008 WL 3539510

District Court of Appeal of Florida | Filed: Aug 15, 2008 | Docket: 1396055

Cited 2 times | Published

Ct. 158, 99 L.Ed. 101 (1954)). NOTES [1] See § 316.193, Fla. Stat. (2005). [2] It is certainly understandable

Morris v. State

988 So. 2d 120, 2008 Fla. App. LEXIS 11431, 2008 WL 2851514

District Court of Appeal of Florida | Filed: Jul 25, 2008 | Docket: 64855374

Cited 2 times | Published

after a prior DUI conviction in violation of section 316.193(2)(b)l., Florida Statutes (2006), and driving

Comeaux v. State

988 So. 2d 101, 2008 WL 2774445

District Court of Appeal of Florida | Filed: Jul 18, 2008 | Docket: 1385199

Cited 2 times | Published

PLEUS and COHEN, JJ., concur. NOTES [1] See § 316.193(1), (2), Fla. Stat. (2006). [2] Under Hlad, the

NJG v. State

987 So. 2d 101, 2008 WL 2309008

District Court of Appeal of Florida | Filed: Jun 6, 2008 | Docket: 1724182

Cited 2 times | Published

jurisdiction over his prosecution for violation of section 316.193 Florida Statutes (2006). Appellant contends

Sabree v. State

978 So. 2d 840, 2008 WL 859706

District Court of Appeal of Florida | Filed: Apr 2, 2008 | Docket: 1508510

Cited 2 times | Published

of driving under the influence pursuant to section 316.193(1)(a)-(c), Florida Statutes (2004), a person

Murphy v. State

977 So. 2d 748, 2008 WL 783278

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 1138446

Cited 2 times | Published

judgment cites to the DUI manslaughter statute, section 316.193(3)(c)(3)(A), Florida Statutes (2004). Thus

State v. Clements

968 So. 2d 59, 2007 WL 3033536

District Court of Appeal of Florida | Filed: Oct 19, 2007 | Docket: 1498511

Cited 2 times | Published

that his "normal faculties [we]re impaired," § 316.193(1)(a), Fla. Stat. (2006), and remanding for a

Bruch v. State

954 So. 2d 1242, 2007 WL 1202261

District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 1165091

Cited 2 times | Published

SHAHOOD and MAY, JJ., concur. NOTES [1] See § 316.193(1)(a) and (b), Fla. Stat. (2006) ("A person is

Gonse v. State

952 So. 2d 555, 2007 WL 188415

District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 1703492

Cited 2 times | Published

$7500 fine consisted of a $2500 fine under section 316.193, Florida Statutes (2004), as well as a $5000

Cloyd v. State

943 So. 2d 149, 2006 WL 1896381

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 1526881

Cited 2 times | Published

for operating a motor vehicle contained in section 316.193, Florida Statutes, even though the statute

Esler v. State

915 So. 2d 637, 2005 WL 2467048

District Court of Appeal of Florida | Filed: Oct 7, 2005 | Docket: 1310791

Cited 2 times | Published

with serious bodily injury in violation of section 316.193(1), (3), Florida Statutes (2003). Under the

DEPARTMENT OF HIGHWAY SAFETY v. Rosenthal

908 So. 2d 602, 2005 WL 1993509

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 1397395

Cited 2 times | Published

or her license is suspended or revoked .... Section 316.193 and the other earlier statutory provisions

Embrey v. Dickenson

906 So. 2d 316, 2005 WL 1383342

District Court of Appeal of Florida | Filed: Jun 13, 2005 | Docket: 1775143

Cited 2 times | Published

the ignition interlocking device pursuant to section 316.193(2)(a)3., Florida Statutes (2002), the state

Doyon v. DEPARTMENT OF HIGHWAY SAFETY

902 So. 2d 842, 2005 WL 906169

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 1674962

Cited 2 times | Published

part of his sentence, as required by statute. § 316.193(2)(a)3, Fla. Stat. (2004) (persons convicted of

DEPARTMENT OF HIGHWAY SAFETY v. Gaskins

891 So. 2d 643, 2005 WL 176423

District Court of Appeal of Florida | Filed: Jan 28, 2005 | Docket: 1704421

Cited 2 times | Published

January 14, 1991, all being violations of section 316.193, Florida Statutes. The Department permanently

DEPARTMENT OF HIGHWAY SAFETY v. McClane

891 So. 2d 596, 2004 WL 3014909

District Court of Appeal of Florida | Filed: Dec 30, 2004 | Docket: 1704297

Cited 2 times | Published

unlawful blood alcohol level in violation of section 316.193, Florida Statutes (2002). For the following

DHSMV v. Brandenburg

891 So. 2d 1071

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 1704509

Cited 2 times | Published

that of her conviction for DUI, pursuant to section 316.193. The court also certified the following questions

Daigle v. State

848 So. 2d 1233, 2003 WL 21536699

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 1712309

Cited 2 times | Published

or contributed to the cause of the crash. See § 316.193(3)(c), Fla. Stat. (1997); State v. Hubbard, 751

DEPARTMENT OF SAFETY & MOTOR VEHICLES v. Marshall

848 So. 2d 482, 2003 Fla. App. LEXIS 10143, 2003 WL 21511354

District Court of Appeal of Florida | Filed: Jul 3, 2003 | Docket: 758263

Cited 2 times | Published

lawfully arrested and charged with a violation of section 316.193, Florida Statutes (2001). The hearing officer

Langbaum v. State

799 So. 2d 391, 2001 WL 1416976

District Court of Appeal of Florida | Filed: Nov 14, 2001 | Docket: 1278144

Cited 2 times | Published

defendant is alleged to have violated."). [3] See § 316.193, Fla. Stat. (2000). The remaining counts involved

State v. Fahner

794 So. 2d 712, 2001 WL 1093048

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 1737887

Cited 2 times | Published

granted; direct conflict certified. NOTES [1] See § 316.193(3)(c), Fla. Stat. (1997). [2] See id. § 316.192

DEPT. OF HIGHWAY SAFETY v. Russell

793 So. 2d 1073, 2001 WL 871745

District Court of Appeal of Florida | Filed: Aug 3, 2001 | Docket: 1267059

Cited 2 times | Published

under the influence (DUI) in violation of section 316.193, Fla. Stat. (2000). We grant the petition and

BLUE CROSS AND BLUE SHIELD OF FLA. v. Steck

778 So. 2d 374, 2001 Fla. App. LEXIS 269, 2001 WL 37683

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 1290257

Cited 2 times | Published

per alcohol per 100 milliliters of blood. See § 316.193, Fla. Stat. (2000). Even though driving under

Angel v. State

769 So. 2d 494, 2000 WL 1532839

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 1476560

Cited 2 times | Published

for a fourth or subsequent DUI conviction. See § 316.193(2)(b), Fla. Stat. (1999). As the state and appellant

Trombley v. State

754 So. 2d 121, 2000 WL 282339

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 1523566

Cited 2 times | Published

concur. NOTES [1] § 316.193(3)(a),(b) and (c)2, Fla. Stat. (1997) [2] § 316.193(3)(a),(b) and (c)1

Wilson v. State

749 So. 2d 516, 1999 WL 1082477

District Court of Appeal of Florida | Filed: Dec 3, 1999 | Docket: 1285731

Cited 2 times | Published

206 So.2d 377, 382 (Fla.1968)). Review of section 316.193 of the Florida Statutes, which defines the

Duan Le v. U.S. Attorney General

196 F.3d 1352, 1999 U.S. App. LEXIS 31929

Court of Appeals for the Eleventh Circuit | Filed: Dec 3, 1999 | Docket: 395654

Cited 2 times | Published

16. Mr. Le was convicted under Fla. Stat. Ann. § 316.193(3). Florida law establishes two elements for this

Ackerman v. State

737 So. 2d 1145, 1999 WL 410316

District Court of Appeal of Florida | Filed: Jun 22, 1999 | Docket: 1709587

Cited 2 times | Published

Manslaughter-Leaving the Scene" in violation of section 316.193(3)(c)3.b., Florida Statutes (1997). He contends

State v. Whelan

728 So. 2d 807, 1999 Fla. App. LEXIS 2543, 1999 WL 123538

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 64786926

Cited 2 times | Published

under the influence (“DUI”) in violation of section 316.193, Florida Statutes (1997), and other offenses

Line v. State

722 So. 2d 853, 23 Fla. L. Weekly Fed. D 2543

District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 1669216

Cited 2 times | Published

preclude mitigation by a downward departure. *854 Section 316.193(2)(b), Florida Statutes (1997), provides that:

Davis v. DEPT. OF HWY. SAF. & MOT. VEH.

660 So. 2d 775

District Court of Appeal of Florida | Filed: Sep 18, 1995 | Docket: 1647140

Cited 2 times | Published

driving under the influence in violation of section 316.193, Florida Statutes. Some two years later, he

State v. Summers

651 So. 2d 191, 1995 WL 73497

District Court of Appeal of Florida | Filed: Feb 24, 1995 | Docket: 465463

Cited 2 times | Published

of the Collier County Court that declares section 316.193(6)(d), Florida Statutes (Supp. 1994), unconstitutional

McAdam v. State

648 So. 2d 1244, 1995 WL 18537

District Court of Appeal of Florida | Filed: Jan 20, 1995 | Docket: 1701805

Cited 2 times | Published

less than .10%, is sufficiently similar to a section 316.193 conviction to allow its use as a prior conviction

State v. Coupal

626 So. 2d 1013, 1993 WL 452227

District Court of Appeal of Florida | Filed: Nov 5, 1993 | Docket: 1286367

Cited 2 times | Published

offense of driving under the influence (DUI). § 316.193, Fla. Stat. (1991). In early October 1991, Coupal

Thompson v. State

617 So. 2d 411, 1993 WL 125103

District Court of Appeal of Florida | Filed: Apr 21, 1993 | Docket: 943947

Cited 2 times | Published

convictions and sentences for violations of section 316.193(3)(c)(2), Florida Statutes (1989), a third

State v. Mehl

602 So. 2d 1383, 1992 WL 200360

District Court of Appeal of Florida | Filed: Aug 21, 1992 | Docket: 2532416

Cited 2 times | Published

believe there was serious bodily injury. [3] § 316.193, Fla. Stat. (1989). [4] § 843.15(1)(a), Fla.

State v. Mehl

602 So. 2d 1383, 1992 WL 200360

District Court of Appeal of Florida | Filed: Aug 21, 1992 | Docket: 2532416

Cited 2 times | Published

believe there was serious bodily injury. [3] § 316.193, Fla. Stat. (1989). [4] § 843.15(1)(a), Fla.

State v. Neumann

567 So. 2d 950, 1990 WL 133803

District Court of Appeal of Florida | Filed: Sep 19, 1990 | Docket: 1380473

Cited 2 times | Published

driving under the influence[2] in violation of section 316.193, Florida Statutes (1987). There is an absolute

State v. Warren

558 So. 2d 55, 1990 WL 3233

District Court of Appeal of Florida | Filed: Jan 19, 1990 | Docket: 1404794

Cited 2 times | Published

to felony penalties for repeat misdemeanors. § 316.193(2)(b), Fla. Stat. (1987) (felony driving under

Satterfield v. State

553 So. 2d 793, 1989 WL 154853

District Court of Appeal of Florida | Filed: Dec 20, 1989 | Docket: 1258348

Cited 2 times | Published

Satterfield in Count I with DUI manslaughter, § 316.193(3)(c)3, Fla. Stat. (1987), and in Count II with

Onesky v. State

544 So. 2d 1048, 1989 WL 52158

District Court of Appeal of Florida | Filed: May 17, 1989 | Docket: 1301133

Cited 2 times | Published

another" is guilty of a first-degree misdemeanor. § 316.193(3)(c)(1), Fla. Stat. (1987). In contrast, one

Frank Armenia v. Richard L. Dugger

867 F.2d 1370, 1989 U.S. App. LEXIS 3198, 1989 WL 16122

Court of Appeals for the Eleventh Circuit | Filed: Mar 16, 1989 | Docket: 818631

Cited 2 times | Published

1931 (1983) has been repealed and replaced by section 316.193 (Supp.1988). Section 316.1931 provided in pertinent

State v. Sipe

537 So. 2d 178, 1989 WL 2031

District Court of Appeal of Florida | Filed: Jan 17, 1989 | Docket: 2518173

Cited 2 times | Published

driving under the influence in violation of section 316.193, Florida Statutes (1986). At trial, the state

State v. Silver

498 So. 2d 580, 11 Fla. L. Weekly 2514

District Court of Appeal of Florida | Filed: Dec 3, 1986 | Docket: 1335482

Cited 2 times | Published

Appellee's blood alcohol reading was .11. Section 316.193(1), Florida Statutes (1983) provides: (1) It

State v. Carter

452 So. 2d 1137

District Court of Appeal of Florida | Filed: Jul 19, 1984 | Docket: 1517687

Cited 2 times | Published

blood alcohol level, both in violation of section 316.193, Florida Statutes. Carter attacked the sufficiency

Hall v. State

440 So. 2d 689

District Court of Appeal of Florida | Filed: Nov 23, 1983 | Docket: 1431064

Cited 2 times | Published

influence of alcoholic beverages in violation of Section 316.193, Florida Statutes (Supp. 1982). After his car

Caverly v. State

436 So. 2d 191

District Court of Appeal of Florida | Filed: May 13, 1983 | Docket: 1339907

Cited 2 times | Published

influence of alcoholic beverages in violation of section 316.193(1)(a), Florida Statutes (1982). As charged

State v. Whirley

421 So. 2d 555

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 1719243

Cited 2 times | Published

barbiturates, or other stimulants in violation of section 316.193(1), Florida Statutes (1979), and Tampa City

STATE OF FLORIDA v. ALLEN ROBERT BOSTON

267 So. 3d 463

District Court of Appeal of Florida | Filed: Jan 18, 2019 | Docket: 8513171

Cited 1 times | Published

with felony driving under the influence. See § 316.193(2)(b)(1), Fla. Stat. (2016). Contending

Bertonatti v. State

251 So. 3d 237

District Court of Appeal of Florida | Filed: Jun 20, 2018 | Docket: 7225319

Cited 1 times | Published

the person’s normal faculties are impaired,” § 316.193(1)(a), Fla. Stat.; or (2) while having “a blood-alcohol

Melvin Douglas Hawthorne v. State of Florida

248 So. 3d 1261

District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7143522

Cited 1 times | Published

accident occurred, an element of DUI manslaughter. § 316.193(3), Fla. Stat. (2016). The trial court correctly

Michael D. Miller v. State of Florida

250 So. 3d 144

District Court of Appeal of Florida | Filed: May 25, 2018 | Docket: 6915073

Cited 1 times | Published

death of another human being in violation of section 316.193, Florida Statutes, for driving under the influence

Boulineau v. Dep't of Highway Safety & Motor Vehicles

247 So. 3d 660

District Court of Appeal of Florida | Filed: May 18, 2018 | Docket: 64682311

Cited 1 times | Published

driving under the influence, in violation of section 316.193, Florida Statutes. The first arrest occurred

In Re Standard Jury Instructions in Criminal Cases—Report No. 2016-08

211 So. 3d 995

Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609133

Cited 1 times | Published

specified above. Give if applicable. § 316.193(4), Fla. Stat.(0ffenses committed prior to October

United States v. Eddy Wilmer Vail-Bailon

838 F.3d 1091, 2016 U.S. App. LEXIS 17577, 2016 WL 5403582

Court of Appeals for the Eleventh Circuit | Filed: Sep 28, 2016 | Docket: 4426626

Cited 1 times | Published

That case involved a violation of Fla. Stat. § 316.193(c)(2) for driving under the influence of alcohol

Largaespada v. State

202 So. 3d 909, 2016 Fla. App. LEXIS 14524

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 60257310

Cited 1 times | Published

PER CURIAM. Affirmed. See § 316.193(2)(b)3., Fla. Stat. (2005) (providing that “[a]ny person who is

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-07

192 So. 3d 1190, 2016 WL 2757011

Supreme Court of Florida | Filed: May 12, 2016 | Docket: 3063429

Cited 1 times | Published

*1192 28.1 DRIVING UNDER THE INFLUENCE § 316.193(1), Fla. Stat. To prove the crime of Driving

State v. Yeomans

172 So. 3d 1006, 2015 Fla. App. LEXIS 13181, 2015 WL 5164909

District Court of Appeal of Florida | Filed: Sep 3, 2015 | Docket: 60250001

Cited 1 times | Published

without the State’s waiver because, under section 316.193(3), Florida Statutes (2009), “A person who

Brooks v. State

122 So. 3d 418, 2013 WL 5225190, 2013 Fla. App. LEXIS 14811

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60234683

Cited 1 times | Published

Brooks with felony DUI, a third-degree felony. See § 316.193(2)(b)(l). At trial, Mr. Brooks did not deny that

State v. Kremer

114 So. 3d 420, 2013 WL 2359106, 2013 Fla. App. LEXIS 8591

District Court of Appeal of Florida | Filed: May 31, 2013 | Docket: 60231919

Cited 1 times | Published

prison sentence. The First District agreed: Section 316.193(3), Florida Statutes (2009), states, “A person

Woodbury v. State

110 So. 3d 17, 2013 Fla. App. LEXIS 2957, 2013 WL 645830

District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60230248

Cited 1 times | Published

felony DUI based on two prior DUI convictions. See § 316.193(2)(b)(l), Fla. Stat. (2010). On March 28, 2011

State v. Schumacher

99 So. 3d 632, 2012 Fla. App. LEXIS 18801, 2012 WL 5350149

District Court of Appeal of Florida | Filed: Oct 31, 2012 | Docket: 60313134

Cited 1 times | Published

special conditions. The State timely appealed. Section 316.193(3), Florida Statutes (2009), states, “A person

Inquiry Concerning a Judge, No. 11-551 re: Nelson

95 So. 3d 122, 37 Fla. L. Weekly Supp. 511, 2012 WL 2849211, 2012 Fla. LEXIS 1363

Supreme Court of Florida | Filed: Jul 12, 2012 | Docket: 60311147

Cited 1 times | Published

less than $500.00 or more than $1,000.00, see § 316.193(2)(a)1.a., Fla. Stat. (2011), place the defendant

O'BRIEN v. State

80 So. 3d 459, 2012 Fla. App. LEXIS 3350, 2012 WL 669844

District Court of Appeal of Florida | Filed: Mar 2, 2012 | Docket: 2412873

Cited 1 times | Published

blood alcohol level of .10 percent or greater. § 316.193(3), Fla. Stat. (1981). The record of the 1982

Milanese v. City of Boca Raton

84 So. 3d 339, 2012 WL 555409, 2012 Fla. App. LEXIS 2660

District Court of Appeal of Florida | Filed: Feb 22, 2012 | Docket: 60306693

Cited 1 times | Published

of any danger). The estate also argues that section 316.193(9), Florida Statutes (2007), applies to this

Suggs v. State

72 So. 3d 145, 2011 Fla. App. LEXIS 16072, 2011 WL 2031302

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 2355272

Cited 1 times | Published

multiple convictions for DUI manslaughter under section 316.193(3)(c)3., Florida Statutes (2002). Id. at 1181

State v. Fitzgerald

63 So. 3d 75, 2011 Fla. App. LEXIS 7206, 2011 WL 1879427

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 2361834

Cited 1 times | Published

influence, a third-degree felony pursuant to section 316.193(2)(b)(1), Florida Statutes (2008), because

State v. Torres

60 So. 3d 560, 2011 Fla. App. LEXIS 6451, 2011 WL 1707210

District Court of Appeal of Florida | Filed: May 6, 2011 | Docket: 60300280

Cited 1 times | Published

contest to two counts of DUI manslaughter. See § 316.193(3)(c)(3)(a), Fla. Stat. (2008). Mr. Torres, the

Sims v. State

36 So. 3d 897, 2010 Fla. App. LEXIS 8188, 2010 WL 2292123

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 2520626

Cited 1 times | Published

statute required a four-year mandatory minimum. See § 316.193(3)(c)3., Fla. Stat. (2008). However, in February

United States v. English

589 F.3d 1373, 2009 U.S. App. LEXIS 27524, 2009 WL 4827505

Court of Appeals for the Eleventh Circuit | Filed: Dec 16, 2009 | Docket: 399517

Cited 1 times | Published

Pensacola, Florida, in violation of Florida Statute § 316.193(2)(b) and 18 U.S.C. §§ 7 and 13. This was English's

DEPARTMENT OF HIGHWAY SAFETY v. Luttrell

983 So. 2d 1215, 2008 WL 2465566

District Court of Appeal of Florida | Filed: Jun 20, 2008 | Docket: 1756889

Cited 1 times | Published

REMANDED. SAWAYA and, COHEN, JJ., concur. NOTES [1] § 316.193, Fla. Stat. (2006).

Lamore v. State

983 So. 2d 665, 2008 Fla. App. LEXIS 7815, 2008 WL 2219518

District Court of Appeal of Florida | Filed: May 30, 2008 | Docket: 64854966

Cited 1 times | Published

sentences. GRIFFIN and MONACO, JJ., concur. . § 316.193(2)(b)3. Fla. Stat. (2006). . § 322.341, Fla

Fender v. State

980 So. 2d 516, 2007 Fla. App. LEXIS 14663, 2007 WL 2609387

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 1736078

Cited 1 times | Published

The State alleges that this court overlooked section 316.193(12), Florida Statutes (2004) in making this

DEPARTMENT OF HIGHWAY SAFETY v. Rife

950 So. 2d 1288, 2007 WL 858626

District Court of Appeal of Florida | Filed: Mar 23, 2007 | Docket: 1501298

Cited 1 times | Published

under the influence (DUI) in violation of section 316.193 of the Florida Statutes. Because Rife had twice

Karz v. Dickenson

932 So. 2d 426, 2006 WL 1041992

District Court of Appeal of Florida | Filed: Apr 21, 2006 | Docket: 1684706

Cited 1 times | Published

were not part of Karz's sentence. We reverse. Section 316.193(2)(b)(1), Florida Statutes (2003), requires

Smallridge v. State

904 So. 2d 601, 2005 WL 1420858

District Court of Appeal of Florida | Filed: Jun 20, 2005 | Docket: 1365336

Cited 1 times | Published

influence of alcohol (DUI) in violation of section 316.193(3)(c)3, Florida Statutes (2001). We affirm

Souza v. State

889 So. 2d 952, 2004 WL 2923049

District Court of Appeal of Florida | Filed: Dec 17, 2004 | Docket: 1488693

Cited 1 times | Published

definitional ambit. DUI Manslaughter is defined in Section 316.193(3)(c)3, Florida Statutes (2002). *955 That

Mulligan v. City of Hollywood

871 So. 2d 249, 2003 WL 22240267

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 1709431

Cited 1 times | Published

notice of the criminal violation, we said: "In section 316.193(6)(d), the vehicles are not permanently taken;

Byrd v. State

853 So. 2d 1103, 2003 WL 22047760

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 1660158

Cited 1 times | Published

legal maximum sentence of 180 days pursuant to section 316.193, Florida Statutes, but that the trial court's

Bogan v. State

852 So. 2d 444, 2003 WL 21990260

District Court of Appeal of Florida | Filed: Aug 22, 2003 | Docket: 2513729

Cited 1 times | Published

SHARP, W. and PLEUS, JJ., concur. NOTES [1] See § 316.193; 316.193(3)(a), (b), (c), 2.; 316.193(3)(a), (b)

State v. Jackson

784 So. 2d 1229, 2001 WL 420518

District Court of Appeal of Florida | Filed: Apr 26, 2001 | Docket: 1744164

Cited 1 times | Published

with his fourth misdemeanor DUI offense under section 316.193, Florida Statutes (1999). The State also charged

State v. Psomas

766 So. 2d 1085, 2000 WL 1021644

District Court of Appeal of Florida | Filed: Jul 26, 2000 | Docket: 1697705

Cited 1 times | Published

DUI under section 316.193(2)(a), Florida Statutes (1999), to felony DUI under section 316.193(2)(b), Florida

Janos v. State

763 So. 2d 1094, 1999 WL 1191480

District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 1278166

Cited 1 times | Published

prior DUI convictions. He was charged under section 316.193, which has a statutory scheme similar to section

Kirby v. State

765 So. 2d 723, 1999 WL 618163

District Court of Appeal of Florida | Filed: Aug 17, 1999 | Docket: 1522882

Cited 1 times | Published

L.Ed.2d 745 (1994). Repeated violations of section 316.193(1), Florida Statutes (1997) ("Driving under

Pea v. State

737 So. 2d 1162, 1999 WL 445691

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 1709665

Cited 1 times | Published

charged with third degree felony DUI pursuant to section 316.193(2)(b), Florida Statutes. Though the information

State v. Wichmann

726 So. 2d 380, 1999 WL 68678

District Court of Appeal of Florida | Filed: Feb 12, 1999 | Docket: 1307727

Cited 1 times | Published

challenges the trial court order finding that section 316.193(6)(d), Florida Statutes (1997), violated the

State v. Johnson

695 So. 2d 771, 1997 WL 199180

District Court of Appeal of Florida | Filed: Apr 25, 1997 | Docket: 1522106

Cited 1 times | Published

HARRIS and GRIFFIN, JJ., concur. NOTES [1] § 316.193, Fla.Stat. (1993). [2] State v. Perez, 587 So

State v. Altamura

676 So. 2d 29, 1996 WL 332336

District Court of Appeal of Florida | Filed: Jun 19, 1996 | Docket: 1317546

Cited 1 times | Published

manslaughter is defined, in pertinent part, by section 316.193, Florida Statutes (1993): (1) A person is guilty

O'NEILL v. State

661 So. 2d 1265, 1995 WL 627454

District Court of Appeal of Florida | Filed: Oct 27, 1995 | Docket: 531958

Cited 1 times | Published

section 775.084(1)(c), Florida Statutes. NOTES [1] § 316.193(3)(c)3, Fla. Stat. (1991). [2] See § 775.082

STATE DEPT. OF HWY. SAFETY AND MOTOR VEHICLES v. Scott

583 So. 2d 785, 1991 Fla. App. LEXIS 7794, 1991 WL 150408

District Court of Appeal of Florida | Filed: Aug 9, 1991 | Docket: 1284411

Cited 1 times | Published

driving under the influence, a violation of section 316.193, Florida Statutes (1989). The Department suspended

Robertson v. State

569 So. 2d 861, 1990 WL 170567

District Court of Appeal of Florida | Filed: Nov 8, 1990 | Docket: 1190879

Cited 1 times | Published

extra-statutory track for proof of violation of section 316.193, Florida Statutes, exists in a fact situation

State v. Wright

546 So. 2d 798, 1989 WL 84058

District Court of Appeal of Florida | Filed: Jul 27, 1989 | Docket: 1730931

Cited 1 times | Published

was charged under Section 316.193(3)(c)1., Florida Statutes (1987). Section 316.193 provides, in pertinent

State v. Griffith

540 So. 2d 916, 1989 WL 29020

District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 1294099

Cited 1 times | Published

offense, both charges were prosecuted as felonies. § 316.193(2)(b), Fla. Stat. (1986 supp.). Griffith was placed

Robert Everett Allen v. State of Florida

District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209489

Published

up to fifteen years in prison. § 316.193(3)(c)3.a., Fla. Stat. (2019); § 775.082(3)(d)

State of Florida v. Marano

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71116029

Published

driving under the influence, in violation of section 316.193. Kilburn, Marano, and Depauw individually filed

State of Florida v. Depauw

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71116031

Published

driving under the influence, in violation of section 316.193. Kilburn, Marano, and Depauw individually filed

State of Florida v. Kilburn

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71116030

Published

driving under the influence, in violation of section 316.193. Kilburn, Marano, and Depauw individually filed

Nicholas G. Coullias v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098304

Published

drug offender probation on Count III. Section 316.193, Florida Statutes, provides that a person who

State of Florida v. Kristina Elaine Beaman

District Court of Appeal of Florida | Filed: Jun 18, 2025 | Docket: 70571735

Published

four-year mandatory minimum sentence under section 316.193(3), Florida Statutes, and scored 124.5 months—10

Redmond v. State of Florida

District Court of Appeal of Florida | Filed: May 30, 2025 | Docket: 70409813

Published

a substance abuse course, as set forth in section 316.193(5), Florida Statutes (2022), we reverse his

State of Florida v. Michelle Lynn Howard

District Court of Appeal of Florida | Filed: May 9, 2025 | Docket: 70234792

Published

person’s normal faculties are impaired.” See § 316.193(1)(a), Fla. Stat. (2021); see also Hoffman v.

Karls v. State of Florida

District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70186671

Published

under the influence with property damage. See § 316.193(3)(c)1, Fla. Stat. (2022). Following a guilty

Rene Castillo v. the State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998622

Published

driving under the influence in violation of section 316.193(1), Florida Statutes. He pleaded not guilty

Robert Brown v. State of Florida

District Court of Appeal of Florida | Filed: Mar 28, 2025 | Docket: 69807916

Published

challenging his three sentences imposed pursuant to section 316.193, Florida Statutes (2014). In his motion, Brown

Amazulu Transport, Inc., and Peter Stuart Welch, Jr. v. Gary Dinkins

District Court of Appeal of Florida | Filed: Mar 14, 2025 | Docket: 69737438

Published

1976))). Dinkins relies on Ingram and section 316.193, Florida Statutes, to defend his entitlement

The State of Florida v. Osama Saad Alahmari

District Court of Appeal of Florida | Filed: Mar 5, 2025 | Docket: 69707168

Published

driving under the influence, a misdemeanor under section 316.193, Florida Statutes. The trial was tentatively

Glaubius v. State of Florida

District Court of Appeal of Florida | Filed: Jan 3, 2025 | Docket: 69514564

Published

person's normal faculties are impaired." See § 316.193(1)(a), (3)(c)3, Fla. Stat. (2021). DUI manslaughter

Miracle Letizia Atwell v. State of Florida

District Court of Appeal of Florida | Filed: Dec 18, 2024 | Docket: 69477033

Published

State charged Defendant with DUI pursuant to section 316.193, Florida Statutes (2022). Defendant originally

Panaro v. State of Florida

District Court of Appeal of Florida | Filed: Dec 13, 2024 | Docket: 69463632

Published

under the influence of alcohol in violation of section 316.193(1), Florida Statutes (2022). On appeal, Panaro

Malik Sands v. Sherea Green, Etc.

District Court of Appeal of Florida | Filed: Dec 12, 2024 | Docket: 69461088

Published

influence (“DUI”) manslaughter, in violation of section 316.193(3)(c)(3)(a), Florida Statutes (2023), and

The State of Florida v. Kurt Richard Denninghoff

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68423091

Published

issued a citation for violation of Fla. Stat. § 316.193(1). The matter proceeded to trial in Monroe

State of Florida v. Kevin Tyson

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313534

Published

3d 997, 999–1000 (Fla. 4th DCA 2023) (citing § 316.193(1), Fla. Stat. (2022)). Reasonable suspicion must

JOSEPH HORNA v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 8, 2023 | Docket: 67988500

Published

driving under the influence, in violation of section 316.193(1), Florida Statutes (2022). On appeal, he

In Re: Amendments to the Florida Rules of Traffic Court

Supreme Court of Florida | Filed: Aug 31, 2023 | Docket: 67748973

Published

a defendant is charged with a violation of section 316.193, Florida Statutes, each party shall have 3

STATE OF FLORIDA v. ELIANA VELASCO

District Court of Appeal of Florida | Filed: Aug 2, 2023 | Docket: 67534779

Published

reasonable suspicion to detain appellee. Section 316.193(1), Florida Statutes (2022), makes it unlawful

DUMILE CAROLINA WAGNER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 31, 2023 | Docket: 66617076

Published

(DUI) with property damage in violation of section 316.193(3)(a)–(c)1., Florida Statutes (2019). She pled

PHILIP GROSS GILLIG v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 22, 2023 | Docket: 66833843

Published

charged with and convicted of DUI pursuant to section 316.193(1), Florida Statutes (2021), under which the

STATE OF FLORIDA v. ROBIN BENDER

District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698539

Published

Driving under the Influence in violation of section 316.193(1), Florida Statutes (2019) and section 316

DUMILE CAROLINA WAGNER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 7, 2022 | Docket: 66617076

Published

(DUI) with property damage in violation of section 316.193(a)–(c)1., Florida Statutes (2019). She pled

LATRENERRA IEISHA STRIDIRON vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 2, 2022 | Docket: 63322236

Published

Counts One and Three were violations of section 316.193(3), Florida Statutes (2019), both were based

Kahasim Rashid Brown v. State of Florida

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65365635

Published

(for which Appellant was fined $3,000 *). See § 316.193(6)(m), Fla. Stat. (providing that a trial court

Layton Todd Mizell v. State of Florida

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65365633

Published

victim while operating a vehicle while impaired. § 316.193(3)(c)3., Fla. Stat. (2018) (emphasis added). For

ELLIOTT DAVID DANIELS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 9, 2022 | Docket: 65217221

Published

for a misdemeanor count of DUI pursuant to section 316.193, Florida Statutes (2019), and a misdemeanor

Robert Velazco v. State of Florida

Supreme Court of Florida | Filed: Jun 30, 2022 | Docket: 63560766

Published

and serious bodily injury to a person under section 316.193(3)(c), Florida Statutes (2014), are degree

MICHAEL GRIECO v. DAIHO SANGYO, INC., AW DISTRIBUTING, INC. and WALMART STORES EAST, LP

District Court of Appeal of Florida | Filed: Jun 15, 2022 | Docket: 63385769

Published

bodily injury, a third-degree felony under section 316.193(3)(a), (b) and (c)(2), Florida Statutes, and

GEORGE LEE BOWMAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 9, 2022 | Docket: 63144900

Published

that he violated section 316.193(1), and (2) he pled to a violation of section 316.193(2)(b)1., Florida

REKEY DAVIES BELL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858348

Published

arguing that his sentences fail to comply with section 316.193(5), Florida Statutes (2019), and Powers v.

BRIAN HODGES v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60497129

Published

injury and damage to property or person. See § 316.193(1), (3), Fla. Stat. After he was released on

ALEX GARCIA v. DANIEL JUNIOR, etc.

District Court of Appeal of Florida | Filed: Jul 14, 2021 | Docket: 60056691

Published

manslaughter, a second-degree felony, pursuant to section 316.193(3)(c)(3), Florida Statutes (2020), and multiple

JOHN POWERS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 14, 2021 | Docket: 59819924

Published

with respect to listing two subsections of section 316.193, Florida Statutes, as his offense statute numbers

State of Florida v. Elizabeth Francis Marsh a/k/a Elizabeth Frances Marsh

Supreme Court of Florida | Filed: Dec 10, 2020 | Docket: 18730866

Published

s. 775.082, s. 775.083, or s. 775.084. § 316.193, Fla. Stat. (2014). 3. Section 322.34(6)

State of Florida v. Elizabeth Francis Marsh a/k/a Elizabeth Frances Marsh

Supreme Court of Florida | Filed: Dec 10, 2020 | Docket: 18730866

Published

s. 775.082, s. 775.083, or s. 775.084. § 316.193, Fla. Stat. (2014). 3. Section 322.34(6)

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18439265

Published

deposited in the fine and forfeiture fund); id. § 316.193(2)(a) (directing the clerk to remit portions

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18430246

Published

deposited in the fine and forfeiture fund); id. § 316.193(2)(a) (directing the clerk to remit portions

JAMES E. LONG v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 22, 2020 | Docket: 17370652

Published

9-30-5-3(a)(1) is section 316.193(2)(b)1., Florida Statutes (2014). Like Indiana’s code, section 316.193 allows

Seana Barnett v. Sara MacArthur

Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2020 | Docket: 17069963

Published

hold policy is consistent with Florida Statute § 316.193(9), which allows the option of holding a person

Kenneth Lee Manhard v. State of Florida

District Court of Appeal of Florida | Filed: Oct 1, 2019 | Docket: 16275550

Published

an element of the crime of DUI Manslaughter. § 316.193(1)(a), Fla. Stat. (2019). Accordingly, the inclusion

United States v. Leekley

377 F. Supp. 3d 1318

District Court, N.D. Florida | Filed: Apr 29, 2019 | Docket: 64324186

Published

beverage or controlled substance, in violation of Section 316.193 of the Florida Statutes, and Title 18, United

MELISSA PETERSON v. STATE OF FLORIDA

264 So. 3d 1183

District Court of Appeal of Florida | Filed: Mar 6, 2019 | Docket: 14618603

Published

for driving under the influence of drugs. See § 316.193(1)(a), Fla. Stat.

JOSE BERROCALES v. STATE OF FLORIDA

268 So. 3d 771

District Court of Appeal of Florida | Filed: Jan 30, 2019 | Docket: 14527250

Published

involving serious bodily injury to another under section 316.193(3)(c)2., Florida Statutes (2015), required

JOSE BERROCALES v. STATE OF FLORIDA

268 So. 3d 771

District Court of Appeal of Florida | Filed: Jan 30, 2019 | Docket: 14527250

Published

involving serious bodily injury to another under section 316.193(3)(c)2., Florida Statutes (2015), required

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-09.

262 So. 3d 59

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498542

Published

UNDER THE INFLUENCE MANSLAUGHTER § § 316.193(3)(a), (3)(b), and (3)(c)3., Fla. Stat.

Robert A. Koroly v. State of Florida

257 So. 3d 1096

District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673700

Published

causation under the DUI manslaughter statute. See § 316.193, Fla. Stat. (2011). Under the plain language of

Melvin L. Pryear v. State of Florida

243 So. 3d 479

District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318687

Published

vehicle while impaired within the meaning of section 316.193(1), Florida Statutes (2013), and, “by reason

Melvin L. Pryear v. State of Florida

243 So. 3d 479

District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318687

Published

vehicle while impaired within the meaning of section 316.193(1), Florida Statutes (2013), and, “by reason

State of Florida v. Daryl Miller

227 So. 3d 562, 2017 WL 4296307

Supreme Court of Florida | Filed: Sep 28, 2017 | Docket: 6159896

Published

without having an exemption to' licensure. See § 316.193, Fla. Stat. (2017). In addition, section 322.34(6)(a)

United States v. Eddy Wilmer Vail-Bailon

Court of Appeals for the Eleventh Circuit | Filed: Aug 25, 2017 | Docket: 6145736

Published

bodily injury in violation of Florida Statute § 316.193(3)(c)(2). The Supreme Court held that the conviction

JOHN GOODMAN v. STATE OF FLORIDA

229 So. 3d 366

District Court of Appeal of Florida | Filed: Jul 26, 2017 | Docket: 6126107

Published

manslaughter or vehicular manslaughter. Section 316.193(3), Florida Statutes (2010), provides for the

State v. Hamilton

210 So. 3d 776, 2017 WL 685610, 2017 Fla. App. LEXIS 2315

District Court of Appeal of Florida | Filed: Feb 22, 2017 | Docket: 4608290

Published

Hamilton with DUI (two prior convictions), see § 316.193(l)(a), (2)(b)(2), Fla. Stat. (2011), but a county

Geico General Insurance Co. v. Dixon

209 So. 3d 77, 2017 Fla. App. LEXIS 22

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 4561883

Published

under the influence causing “bodily injury.” See § 316.193(3)(a), (b) and (c)(2), Fla. Stat. (2015). Alcebo

State v. Carlos F. Chaveco

199 So. 3d 509, 2016 Fla. App. LEXIS 13271, 2016 WL 4607889

District Court of Appeal of Florida | Filed: Sep 2, 2016 | Docket: 4420396

Published

under the influence of alcohol in violation of section 316.193, Florida Statutes (2015). Based on the record

State vo. Carlos F. Cahaveco

District Court of Appeal of Florida | Filed: Jul 4, 2016 | Docket: 4111062

Published

under the influence of alcohol in violation of section 316.193, Florida Statutes (2015). Based on the record

State v. Patino

192 So. 3d 495, 2016 Fla. App. LEXIS 2179, 2016 WL 618892

District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036698

Published

minimum term of four years in prison pursuant to section 316.193(3)(c)(3), Florida Statutes (2012), to be followed

State, Department of Highway Safety & Motor Vehicles v. Peacock

185 So. 3d 632, 2016 WL 455625

District Court of Appeal of Florida | Filed: Feb 4, 2016 | Docket: 3033937

Published

respondents had been arrested for violating- section 316.193, the DUI statute, and had their licenses suspended

State v. Meyers

184 So. 3d 1149, 2015 Fla. App. LEXIS 16447, 2015 WL 6735289

District Court of Appeal of Florida | Filed: Nov 4, 2015 | Docket: 3010565

Published

third-degree *1151 felony. See § 316.193(2)(b)(3), Fla. Stat. (2013); State v. Woodruff

Bertonatti v. State

163 So. 3d 709, 2015 Fla. App. LEXIS 6210, 2015 WL 1940785

District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 2653164

Published

Criminal Procedure 3.850. 1 . § 316.193(3)(c)3.b, Fla. Stat. (2010). 2

Trevardo Dermont Dixon v. U.S. Attorney General

768 F.3d 1339, 2014 U.S. App. LEXIS 18777

Court of Appeals for the Eleventh Circuit | Filed: Oct 1, 2014 | Docket: 1406867

Published

under the influence (DUI) statute, Fla. Stat. § 316.193(3)(c)(2). See id. at 4, 125 S.Ct. at

Laws v. State

145 So. 3d 937, 2014 Fla. App. LEXIS 12976, 2014 WL 4113091

District Court of Appeal of Florida | Filed: Aug 22, 2014 | Docket: 1060386

Published

[his or her] normal faculties are impaired,” § 316.193(l)(a), Fla. Stat. (2009), the person has “a blood-alcohol

State v. Salter

143 So. 3d 1049, 2014 WL 3613107, 2014 Fla. App. LEXIS 11161

District Court of Appeal of Florida | Filed: Jul 23, 2014 | Docket: 746224

Published

driving under the influence in violation of section 316.193(2)(b)(3), Florida Statutes (2012). At the hearing

Inquiry Concerning a Judge, No. 13-309 Re Brenda Tracy SHEEHAN

139 So. 3d 290, 39 Fla. L. Weekly Supp. 330, 2014 WL 1923478, 2014 Fla. LEXIS 1629

Supreme Court of Florida | Filed: May 15, 2014 | Docket: 57426

Published

for breath-alcohol level of .08. See § 316.193(1)(c), Fla. Stat. (2011). On August 23, 2013,

Rivera v. State

137 So. 3d 554, 2014 WL 1464557, 2014 Fla. App. LEXIS 5560

District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60240362

Published

charged in the instant case a felony under section 316.193(2)(b)3., Florida Statutes (2003). It is not

Carrizosa v. Department of Highway Safety & Motor Vehicles

124 So. 3d 1017, 2013 Fla. App. LEXIS 17597, 2013 WL 5927244

District Court of Appeal of Florida | Filed: Nov 6, 2013 | Docket: 60235281

Published

arrested him for driving under the influence. See § 316.193(l)(a), Fla. Stat. (2010). Mr. Carrizosa consented

Baker v. State

115 So. 3d 1081, 2013 WL 3099940, 2013 Fla. App. LEXIS 9803

District Court of Appeal of Florida | Filed: Jun 21, 2013 | Docket: 60232084

Published

within ten years after a prior DUI conviction. See § 316.193(2)(b), Fla. Stat. (2010). Baker entered a plea

Baron v. State

125 So. 3d 979, 2013 WL 3014151, 2013 Fla. App. LEXIS 9596

District Court of Appeal of Florida | Filed: Jun 19, 2013 | Docket: 60236146

Published

judgment of conviction and its citation to section 316.193(3)(c)3.b., Fla. Stat. (2006). The judgment

State v. Holbrook

109 So. 3d 884, 2013 WL 1163434, 2013 Fla. App. LEXIS 4747

District Court of Appeal of Florida | Filed: Mar 22, 2013 | Docket: 60229844

Published

SAWAYA, PALMER and EVANDER, JJ., concur. . See § 316.193(4), Fla. Stat. (2012).

Ryan v. National Marine Manufacturers Ass'n

103 So. 3d 1001, 2012 Fla. App. LEXIS 21660, 2012 WL 6602861

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60226832

Published

grams of alcohol per 100 milliliters of blood. § 316.193(l)(b), Fla. Stat. The medical examiner’s toxicology

Pennington v. State

100 So. 3d 193, 2012 Fla. App. LEXIS 18760, 2012 WL 5272927

District Court of Appeal of Florida | Filed: Oct 25, 2012 | Docket: 60225695

Published

could not be guilty of DUI manslaughter under section 316.193(3)(c)8., Florida Statutes (2007). That statute

McKnight v. State

95 So. 3d 1026, 2012 WL 3627393, 2012 Fla. App. LEXIS 14163

District Court of Appeal of Florida | Filed: Aug 24, 2012 | Docket: 60311055

Published

§§ 322.34(5), 322.264, Fla. Stat. (2008). . § 316.193(1), Fla. Stat. (2008).

Pankau v. Department of Highway Safety & Motor Vehicles

91 So. 3d 923, 2012 Fla. App. LEXIS 10867, 2012 WL 2617596

District Court of Appeal of Florida | Filed: Jul 6, 2012 | Docket: 60310027

Published

criminal offense of driving under the influence. See § 316.193, Fla. Stat. (2010). Although Ms. Pankau has never

Gonzalez v. Department of Highway Safety & Motor Vehicles

91 So. 3d 924, 2012 Fla. App. LEXIS 10872, 2012 WL 2617597

District Court of Appeal of Florida | Filed: Jul 6, 2012 | Docket: 60310028

Published

criminal offense of driving under the influence. See § 316.193, Fla. Stat. (2010). Although Mr. Gonzalez has

Ferrei v. Department of Highway Safety & Motor Vehicles

91 So. 3d 920, 2012 Fla. App. LEXIS 10896, 2012 WL 2617594

District Court of Appeal of Florida | Filed: Jul 6, 2012 | Docket: 60310025

Published

criminal offense of driving under the influence. See § 316.193, Fla. Stat. (2010). Although Mr. Ferrei has never

Lawrence v. Department of Highway Safety & Motor Vehicles

93 So. 3d 350, 2012 WL 1870868, 2012 Fla. App. LEXIS 8111

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60310551

Published

opinion. WHATLEY and VILLANTI, JJ., Concur. . § 316.193(1), Fla. Stat. (2008). . § 316.1939, Fla. Stat

Roark v. Department of Highway Safety & Motor Vehicles

107 So. 3d 1131, 2012 WL 1870863, 2012 Fla. App. LEXIS 8221

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60228561

Published

opinion. WHATLEY and VILLANTI, JJ., Concur. . § 316.193(1), Fla. Stat. (2008). . This information obviously

Rudolph v. Department of Highway Safety & Motor Vehicles

107 So. 3d 1129, 2012 WL 1869927, 2012 Fla. App. LEXIS 8124

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60228560

Published

opinion. ALTENBERND and WHATLEY, JJ., Concur. . § 316.193(1), Fla. Stat. (2010). . This information was

Link v. Tucker

870 F. Supp. 2d 1309, 2012 U.S. Dist. LEXIS 61816, 2012 WL 1559702

District Court, N.D. Florida | Filed: May 3, 2012 | Docket: 65982463

Published

on Count 2, a third degree felony, pursuant to § 316.193(3)(a)(b)(e)2 and § 775.082(3)(d) (id). Lastly

Yacoub v. State

85 So. 3d 1179, 2012 WL 1314176, 2012 Fla. App. LEXIS 6035

District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 2411705

Published

misdemeanor DUI offenses within the past ten years. See § 316.193(2)(b), Fla. Stat. (2008). Yacoub moved to dismiss

McCOSKEY v. State

76 So. 3d 1012, 2011 Fla. App. LEXIS 19198, 2011 WL 6004357

District Court of Appeal of Florida | Filed: Dec 2, 2011 | Docket: 2358021

Published

law reads, in pertinent part, as follows: Fla. Stat. 316.193, Driving Under the Influence: (1) A person

Downs v. United States

833 F. Supp. 2d 1361, 2011 U.S. Dist. LEXIS 64020, 2011 WL 2416049

District Court, S.D. Florida | Filed: Jun 13, 2011 | Docket: 65977649

Published

per 100 milliliters of blood. See Fla. Stat. § 316.193. . Sunrise and sunset in Miami, April 2003,

Department of Highway Safety & Motor Vehicles v. Auster

52 So. 3d 802, 2010 Fla. App. LEXIS 20136, 2010 WL 5391552

District Court of Appeal of Florida | Filed: Dec 30, 2010 | Docket: 183353

Published

breath-alcohol level of 0.08 or higher as provided in section 316.193. § 322.2615(7)(a), Fla. Stat. (2008). The Chamizo

Department of Highway Safety & Motor Vehicles v. Berne

49 So. 3d 779, 2010 Fla. App. LEXIS 15143, 2010 WL 3927242

District Court of Appeal of Florida | Filed: Oct 8, 2010 | Docket: 60296851

Published

under the influence of alcohol in violation of section 316.193, Florida Statutes (2005). We grant the Petition

Brown v. State

32 So. 3d 779, 2010 Fla. App. LEXIS 5959, 2010 WL 1728849

District Court of Appeal of Florida | Filed: Apr 30, 2010 | Docket: 1662530

Published

punishable as provided in s. 775.082 or s. 775.083. § 316.193(3), Fla. Stat. (2007). Subsection (3)(c)(1) requires

Gomez v. State

28 So. 3d 114, 2010 Fla. App. LEXIS 263, 2010 WL 173607

District Court of Appeal of Florida | Filed: Jan 20, 2010 | Docket: 1165805

Published

driving under the influence, in violation of section 316.193, Florida Statutes, for which he pled nolo contendere

State v. W.W.

16 So. 3d 305, 2009 Fla. App. LEXIS 12666

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 60246756

Published

opinion. . § 316.027(l)(a), Fla. Stat. (2008). . § 316.193, Fla. Stat. (2008). . § 790.01(1), Fla. Stat

State v. WW

16 So. 3d 305, 2009 WL 2632174

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 1640848

Published

[1] § 316.027(1)(a), Fla. Stat. (2008). [2] § 316.193, Fla. Stat. (2008). [3] § 790.01(1), Fla. Stat

Dawson v. State, Department of Highway Safety & Motor Vehicles

19 So. 3d 1001, 2009 Fla. App. LEXIS 10811, 2009 WL 2382387

District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 171285

Published

the influence ("DUI") under Florida law. See § 316.193(1), Fla. Stat. (2008). The petitioner filed a

In re Standard Jury Instructions in Criminal Cases-Report No. 2009-03

18 So. 3d 523, 34 Fla. L. Weekly Supp. 403, 2009 Fla. LEXIS 1024, 2009 WL 1956381

Supreme Court of Florida | Filed: Jul 9, 2009 | Docket: 60252121

Published

THE INFLUENCE CAUSING PROPERTY DAMAGE OR INJURY § 316.193(3)(a)(b)(c)l, Fla. Stat. To prove the crime of

Department of Highway Safety & Motor Vehicles v. Crane

10 So. 3d 182, 2009 Fla. App. LEXIS 2720, 2009 WL 886225

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 1132466

Published

related traffic offense was similar to DUI under Section 316.193, Florida Statutes. The trial judge denied DMV's

Department of Highway Safety & Motor Vehicles v. Escobio

6 So. 3d 638, 2009 Fla. App. LEXIS 1447, 2009 WL 416518

District Court of Appeal of Florida | Filed: Feb 20, 2009 | Docket: 60299791

Published

placed under lawful arrest for a violation of section 316.193, Florida Statutes (2006). Pursuant to section

Farr v. State

995 So. 2d 1104, 2008 Fla. App. LEXIS 17852, 2008 WL 4998943

District Court of Appeal of Florida | Filed: Nov 26, 2008 | Docket: 64856931

Published

“residential treatment” credit pursuant to section 316.193(6)(k), Florida Statutes. See Spera v. State

DiPietro v. State

992 So. 2d 880, 2008 Fla. App. LEXIS 16295, 2008 WL 4643860

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 64855823

Published

third alcohol-related driving offense under section 316.193(6), Florida Statutes (2003), we deny the petition

Whynot v. State

987 So. 2d 739, 2008 WL 2605073

District Court of Appeal of Florida | Filed: Jul 3, 2008 | Docket: 1392632

Published

of driving under the influence pursuant to section 316.193(1)(a)-(c), Florida Statutes (2004), a person

N.J.G. v. State

987 So. 2d 101, 2008 Fla. App. LEXIS 8150

District Court of Appeal of Florida | Filed: Jun 6, 2008 | Docket: 64855238

Published

jurisdiction over his prosecution for violation of section 316.193 Florida Statutes (2006). Appellant contends

Hernandez v. State

985 So. 2d 1115, 2008 WL 2037755

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 1673466

Published

under the influence of alcohol pursuant to section 316.193, Florida Statutes (2005), driving in violation

Cross v. State

989 So. 2d 1, 2007 WL 4322331

District Court of Appeal of Florida | Filed: Dec 12, 2007 | Docket: 441863

Published

have to pay a five percent surcharge under section 316.193, Florida Statutes (2003). The assessment of

Department of Highway Safety & Motor Vehicles v. Frey

965 So. 2d 199, 2007 Fla. App. LEXIS 13443, 2007 WL 2456207

District Court of Appeal of Florida | Filed: Aug 31, 2007 | Docket: 64852532

Published

influence of alcohol (“DUI”) in violation of section 316.193, Florida Statutes (2006). Alleging that Frey

State, Department of Highway Safety & Motor Vehicles v. Butler

959 So. 2d 434, 2007 Fla. App. LEXIS 10343, 2007 WL 1931361

District Court of Appeal of Florida | Filed: Jul 5, 2007 | Docket: 64851286

Published

time he sought reinstatement in January 2007. § 316.193(4)(c),. Fla. Stat. (2006)(effective Oct. 1, 2005)

Morris v. State

958 So. 2d 598, 2007 Fla. App. LEXIS 9994, 2007 WL 1827286

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 64851058

Published

Florida Statutes, deals with drag racing; section 316.193, Florida Statutes, deals with driving while

Robitaille v. State

942 So. 2d 440, 2006 Fla. App. LEXIS 18296, 2006 WL 3077793

District Court of Appeal of Florida | Filed: Nov 1, 2006 | Docket: 64847856

Published

contribute to an accident involving a death. § 316.193(3), Fla. Stat. Here, Robitaille operated the ATV

Plummer v. State

935 So. 2d 35, 2006 Fla. App. LEXIS 11065, 2006 WL 1805580

District Court of Appeal of Florida | Filed: Jul 3, 2006 | Docket: 64845922

Published

three eviden-tiary rulings, and a ruling that section 316.193, Florida Statutes (2002), is constitutional

State, Department of Highway Safety & Motor Vehicles v. Jones

935 So. 2d 532, 2006 Fla. App. LEXIS 8559, 2006 WL 1479640

District Court of Appeal of Florida | Filed: May 31, 2006 | Docket: 64846078

Published

driving under the influence in violation of section 316.193(1) and his driving privileges were suspended

DMV v. Gonzalez-Zaila

920 So. 2d 1220, 2006 WL 398628

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 1730715

Published

of the interlock device upon conviction. See § 316.193(4), Fla. Stat. (1997). However, the mandatory

Gervin v. State

920 So. 2d 733, 2006 Fla. App. LEXIS 1640, 2006 WL 304526

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 64842349

Published

REMANDED. SAWAYA and MONACO, JJ., concur. . See § 316.193(3), Fla. Stat. (2003).

Leveritt v. State

924 So. 2d 42, 2006 Fla. App. LEXIS 1580, 2006 WL 297654

District Court of Appeal of Florida | Filed: Feb 9, 2006 | Docket: 64843099

Published

statute, section 316.193(3), Florida Statutes (1997), incorporates the DUI • statute, section 316.193(1).

Inquiry Concerning a Judge, No. 03-78, re Maloney

916 So. 2d 786, 30 Fla. L. Weekly Supp. 827, 2005 Fla. LEXIS 2389

Supreme Court of Florida | Filed: Dec 1, 2005 | Docket: 64841388

Published

the influence of alcohol, in violation of section 316.193,- Florida Statutes (2003). Judge Maloney’s

Gurry v. Department of Highway Safety

902 So. 2d 881, 2005 Fla. App. LEXIS 8070, 2005 WL 1250306

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 64838498

Published

breath, blood or urine test, or a violation of section 316.193, driving with an unlawful blood alcohol level

Green v. DEPARTMENT OF HIGHWAY SAFETY

905 So. 2d 922, 2005 WL 1199067

District Court of Appeal of Florida | Filed: May 23, 2005 | Docket: 1711865

Published

way to determine blood alcohol content." Id. Section 316.193(1)(b)-(c), Florida Statutes (2003), provides

State v. Torres

890 So. 2d 292, 2004 Fla. App. LEXIS 18322, 2004 WL 3023408

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 64835259

Published

state-approved DUI school, as provided in section 316.193(5), Florida Statutes (2001). State v. Price

Schmidt v. State

884 So. 2d 471, 2004 Fla. App. LEXIS 14632, 2004 WL 2251861

District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 64833561

Published

for DUI manslaughter, a second degree felony. § 316.193(3)(c)3, Fla. Stat. (1992); § 775.082(3)(c), Fla

Gill v. State

886 So. 2d 988, 2004 Fla. App. LEXIS 14102, 2004 WL 2112708

District Court of Appeal of Florida | Filed: Sep 24, 2004 | Docket: 64834168

Published

information and render aid in violation of section 316.193(3)(c)(3)(b), Florida Statutes (Supp.1996).

Sloan v. State

884 So. 2d 378, 2004 Fla. App. LEXIS 13445, 2004 WL 2008293

District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 64833488

Published

him guilty of DUI manslaughter pursuant to section 316.193(3), Florida Statutes (2002). He argues the

Ago

Florida Attorney General Reports | Filed: Jun 18, 2004 | Docket: 3257404

Published

the defendant argued that the prohibition in section 316.193(1)(a), Florida Statutes, against driving while

Schofield v. State

867 So. 2d 446, 2004 Fla. App. LEXIS 931, 2004 WL 231468

District Court of Appeal of Florida | Filed: Feb 4, 2004 | Docket: 64828615

Published

influence of alcoholic beverages, in violation of section 316.193, Florida Statutes (2000). She later contested

Davis v. State

860 So. 2d 1101, 2003 Fla. App. LEXIS 18812, 2003 WL 22927232

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 64826763

Published

(Count II), a third-degree felony pursuant to section 316.193, Florida Statutes (2002); and misdemeanor driving

O'Quinn v. State

860 So. 2d 1020, 2003 Fla. App. LEXIS 18443, 2003 WL 22867657

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 64826739

Published

resulting in serious bodily injury to another, section 316.193(1) & (3)(a), (b) & (c)2, Florida Statutes (2000)

Jenkins v. State

855 So. 2d 1219, 2003 Fla. App. LEXIS 15280, 2003 WL 22327076

District Court of Appeal of Florida | Filed: Oct 13, 2003 | Docket: 64825716

Published

being ones of great public importance. . Section 316.193(l)(a) and (c), Florida Statutes, states that

McGhee v. State

847 So. 2d 498, 2003 Fla. App. LEXIS 3718, 2003 WL 1239204

District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 64823335

Published

immobilized for ten days. McGhee contends that under section 316.193(3), Florida Statutes (Supp.1998), these conditions

State v. Schreiber

835 So. 2d 344, 2003 Fla. App. LEXIS 442, 2003 WL 141623

District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 64820073

Published

[BAC] of 0.08 or more,” in contravention of Section 316.193, Fla. Stat. (2001). Schreiber moved to suppress

Riggins v. State

831 So. 2d 720, 2002 Fla. App. LEXIS 15850, 2002 WL 31431880

District Court of Appeal of Florida | Filed: Nov 1, 2002 | Docket: 64819232

Published

proof of three previous DUI convictions. See § 316.193(2)(b), Fla. Stat. (1997). The appellant claimed

State v. Bodden

872 So. 2d 916, 2002 Fla. App. LEXIS 15659, 2002 WL 31421575

District Court of Appeal of Florida | Filed: Oct 30, 2002 | Docket: 64830487

Published

affirmative. On August 7, 2000, pursuant to section 316.193, Florida Statutes (2000), police issued Mr

State v. Burdette

826 So. 2d 1092, 2002 Fla. App. LEXIS 14277, 2002 WL 31202131

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 64817754

Published

motion to declare the impoundment provision of section 316.193(6)(a), Florida Statutes (2000), unconstitutional

Bautista v. State

832 So. 2d 122, 2002 Fla. App. LEXIS 12396, 2002 WL 1972106

District Court of Appeal of Florida | Filed: Aug 28, 2002 | Docket: 64819427

Published

human being” instead of “a” human being. See § 316.193(3)(c), Fla. Stat.' (2001).2 *124We have considered

Cruz v. State

824 So. 2d 291, 2002 Fla. App. LEXIS 12016, 2002 WL 1906553

District Court of Appeal of Florida | Filed: Aug 21, 2002 | Docket: 64817064

Published

counts for other crimes, such as a violation of section 316.193(3)(c)(2), Florida Statutes (1989), DUI causing

Klinger v. State

816 So. 2d 697, 2002 WL 537594

District Court of Appeal of Florida | Filed: Apr 12, 2002 | Docket: 1753342

Published

operation, caused the death of another human being. § 316.193(3)(c)(3), Fla. Stat. (1999); see also State v

Wilson v. State

812 So. 2d 452, 2002 WL 312535

District Court of Appeal of Florida | Filed: Mar 1, 2002 | Docket: 1716186

Published

[1] § 316.193(3)(c)3., Fla. Stat. (1997). [2] § 322.34(1), Fla. Stat. (1997). [3] § 316.193(3)(c)2

Ward v. State

807 So. 2d 808, 2002 Fla. App. LEXIS 2046, 2002 WL 269239

District Court of Appeal of Florida | Filed: Feb 27, 2002 | Docket: 64812648

Published

conviction, he is guilty of a third degree felony. § 316.193(2)(b), Fla. Stat. (1999). The existence of the

Ferrington v. State

804 So. 2d 570, 2002 Fla. App. LEXIS 275, 2002 WL 63360

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 64811608

Published

I. manslaughter conviction is 180 months. See § 316.193(3)(c)(3)(a), Fla. Stat. (1996); see also § 775

Allen v. Greenwasser (In Re Greenwasser)

269 B.R. 918

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 4, 2001 | Docket: 1777095

Published

Debtor was convicted; to-wit, Florida Statutes § 316.193; driving under the influence of alcohol. The factual

Hinman v. Department of Highway Safety

820 So. 2d 315, 2001 Fla. App. LEXIS 14379, 2001 WL 1219489

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 64816199

Published

DENIED. PETERSON and SAWAYA, JJ., concur. . § 316.193(l)(a), Fla. Stat.

Scharf v. State

799 So. 2d 1075, 2001 Fla. App. LEXIS 13314, 2001 WL 1104509

District Court of Appeal of Florida | Filed: Sep 21, 2001 | Docket: 64810153

Published

however, the body 'of the information cited to section 316.193(3)(c)l, Florida Statutes (1997),1 and alleged

Smith v. State

793 So. 2d 1118, 2001 Fla. App. LEXIS 12536, 2001 WL 1013589

District Court of Appeal of Florida | Filed: Sep 6, 2001 | Docket: 64808220

Published

appeal challenges her conviction pursuant to section 316.193(3)(c)2, Florida Statutes. Because we conclude

Riggins v. State

789 So. 2d 509, 2001 Fla. App. LEXIS 9720, 2001 WL 788508

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 64806718

Published

enhancing his fourth DUI to a third-degree felony. Section 316.193(2)(b), Florida Statutes (1997), provides that

Byrd v. State

789 So. 2d 1147, 2001 Fla. App. LEXIS 9661, 2001 WL 758731

District Court of Appeal of Florida | Filed: Jun 28, 2001 | Docket: 64806907

Published

which could not be reclassified as a felony. See § 316.193(2)(b), Fla.Stat. (2000) (“Any person who is convicted

State v. Lainez

771 So. 2d 617, 2000 Fla. App. LEXIS 15201, 2000 WL 1726983

District Court of Appeal of Florida | Filed: Nov 22, 2000 | Docket: 64801781

Published

Lainez was charged with felony DUI, pursuant to section 316.193, Florida Statutes, based on five prior DUI

State Department of Highway Safety & Motor Vehicles v. Begley

776 So. 2d 278, 2000 Fla. App. LEXIS 5211, 2000 WL 554896

District Court of Appeal of Florida | Filed: May 8, 2000 | Docket: 64803224

Published

respondents had been arrested for violating section 316.193, Florida Statutes, the DUI statute, and had

State v. Atkinson

755 So. 2d 842, 2000 Fla. App. LEXIS 5196, 2000 WL 554069

District Court of Appeal of Florida | Filed: May 5, 2000 | Docket: 64796804

Published

appellees here, had been arrested for violation of section 316.193, Florida Statutes (1997). The defendants either

Jones v. State

756 So. 2d 1091, 2000 Fla. App. LEXIS 5160, 2000 WL 524827

District Court of Appeal of Florida | Filed: May 1, 2000 | Docket: 64797055

Published

probation and incarceration may not exceed one year.” § 316.193(6)(a), Fla. Stat. (1997). Because appellant was

State, Department of Highway Safety & Motor Vehicles v. Peterson

754 So. 2d 156, 2000 Fla. App. LEXIS 3476, 2000 WL 301078

District Court of Appeal of Florida | Filed: Mar 24, 2000 | Docket: 64796154

Published

under the influence of alcohol in violation of section 316.193, Florida Statutes (1999), on July 9, 1999.

Tellier v. State

754 So. 2d 88, 2000 Fla. App. LEXIS 2587, 2000 WL 263183

District Court of Appeal of Florida | Filed: Mar 10, 2000 | Docket: 64796137

Published

SHARP, JJ„ concur. . § 316.193(1) and (3)(a)(b)3, Fla. Stat. (1997). . § 316.193(3)(c) 1, Fla. Stat.

Apple v. State

746 So. 2d 1259, 2000 Fla. App. LEXIS 105, 2000 WL 6124

District Court of Appeal of Florida | Filed: Jan 7, 2000 | Docket: 64792995

Published

PETERSON, JJ., concur. . § 316.193(3)(c)3, Fla. Stat. (1997). . § 316.193(2)(b), Fla. Stat. (1997)

Deel v. State

750 So. 2d 112, 1999 Fla. App. LEXIS 17108, 1999 WL 1243803

District Court of Appeal of Florida | Filed: Dec 23, 1999 | Docket: 64794500

Published

elements necessary to charge misdemeanor DUI under § 316.193(1) as it cited that statute and alleged a blood

Duan v. U. S. Attorney General

196 F.3d 1352

Court of Appeals for the Eleventh Circuit | Filed: Dec 3, 1999 | Docket: 395688

Published

of the INA. 1 Fla. Stat. Ann. § 316.193(3)(1996). 2 Fla. Stat. Ann. § 322

Ferris v. State

743 So. 2d 1187, 1999 Fla. App. LEXIS 14232, 1999 WL 974153

District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 64791932

Published

of law and thus does not constitute error. See § 316.193(1), Fla. Stat. (1997). Even if it were error,

State, Department of Highway Safety & Motor Vehicles v. Abbey

745 So. 2d 1024, 1999 Fla. App. LEXIS 13703, 1999 WL 945926

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 64792660

Published

applicant to refrain from the use of aspirin. Section 316.193, Florida Statutes (1997), establishes penalties

State v. Finelli

744 So. 2d 1053, 1999 Fla. App. LEXIS 11678, 1999 WL 675349

District Court of Appeal of Florida | Filed: Sep 1, 1999 | Docket: 64792175

Published

can thereafter be charged with felony DUI. See § 316.193(2)(b), Fla. Stat. (1997). As such, the function

Cunningham v. State

739 So. 2d 1200, 1999 Fla. App. LEXIS 10114, 1999 WL 550437

District Court of Appeal of Florida | Filed: Jul 30, 1999 | Docket: 64790496

Published

Cunningham appeals his conviction for felony DUI. § 316.193(2)(b), Fla. Stat. (1997). We affirm. One of the

Jervis v. State

727 So. 2d 981, 1999 Fla. App. LEXIS 478, 1999 WL 22263

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 64786612

Published

04(1) & 777.04(1 )(4)(c), Fla. Stat. (1997). . § 316.193, Fla. Stat. (1997). . There is an exception

Auger v. State

725 So. 2d 1178, 1998 Fla. App. LEXIS 15898, 1998 WL 879103

District Court of Appeal of Florida | Filed: Dec 18, 1998 | Docket: 64786032

Published

convictions for two counts of DUI manslaughter. See § 316.193(3)(c)(3), Fla. Stat. (Supp.1994). We affirm. Auger

State v. Hemmerly

723 So. 2d 324, 1998 Fla. App. LEXIS 15262, 1998 WL 833571

District Court of Appeal of Florida | Filed: Dec 4, 1998 | Docket: 64785085

Published

concur. . § 322.34. Fla. Stat. (1995). . § 316.193, Fla. Stat. (Supp. 1996).

Van Hubbard v. State

748 So. 2d 288, 1998 Fla. App. LEXIS 12292, 1998 WL 658264

District Court of Appeal of Florida | Filed: Sep 28, 1998 | Docket: 64793790

Published

as an element of the crimes proscribed by section 316.193(3). We caution, however, that the statute does

Department of Highway Safety v. Parsons

719 So. 2d 339, 1998 Fla. App. LEXIS 11541, 1998 WL 601341

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 64783576

Published

Procedure 9.030(b)(1)(B) and 9.130(a)(3)(B). . § 316.193, Fla. Slat. (1997). . Section 322.31 provides:

Moyer v. State

715 So. 2d 1112, 1998 Fla. App. LEXIS 10360, 1998 WL 472799

District Court of Appeal of Florida | Filed: Aug 14, 1998 | Docket: 64782155

Published

a third degree felony, and a violation of section 316.193(3)(a), (b), (p)2, Florida Statutes (1997).

Standard Jury Instructions in Criminal Cases (97-2)

723 So. 2d 123, 23 Fla. L. Weekly Supp. 407, 1998 Fla. LEXIS 1332, 1998 WL 394912

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 64785070

Published

legal guardian. FELONY DUI-PRIOR CONVICTIONS F.S. 316.193(2)(b) Before you can find the defendant guilty

State v. McKnight

710 So. 2d 1029, 1998 Fla. App. LEXIS 5924, 1998 WL 264116

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 64780970

Published

KLEIN, Judge. Section 316.193(6)(d), Florida Statutes (1995), part of our DUI statute, requires the

Devers-Lopez v. State

710 So. 2d 720, 1998 Fla. App. LEXIS 5266, 1998 WL 236190

District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 64780865

Published

of alcohol and/or Halcion in violation of section 316.193(1), Florida Statutes (1995). She appeals three

Chambers v. State

708 So. 2d 664, 1998 Fla. App. LEXIS 3620, 1998 WL 158775

District Court of Appeal of Florida | Filed: Apr 8, 1998 | Docket: 64779952

Published

pre-release breath alcohol tests administered under section 316.193(9), Florida Statutes (1993). In our recent

White v. State

702 So. 2d 1327, 1997 Fla. App. LEXIS 13678, 1997 WL 756626

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 64777404

Published

probation for felony driving under the influence. See § 316.193(b), Florida Statutes (1995). The trial court scored

State v. Miller

700 So. 2d 1253, 1997 Fla. App. LEXIS 12254, 1997 WL 683134

District Court of Appeal of Florida | Filed: Nov 5, 1997 | Docket: 64776393

Published

episode,” double-jeopardy protections and section 316.193, Florida Statutes (1995) (DUI provision), prevented

State v. Line

698 So. 2d 318, 1997 Fla. App. LEXIS 8589, 1997 WL 423446

District Court of Appeal of Florida | Filed: Jul 30, 1997 | Docket: 64775455

Published

on his plea of guilty to an offense under section 316.193, driving while under the influence but not

DEPT. OF HIGHWAY SAFETY v. Bond

696 So. 2d 949, 1997 WL 402531

District Court of Appeal of Florida | Filed: Jul 11, 1997 | Docket: 1695983

Published

under the influence (DUI) in violation of section 316.193, Florida Statutes (1995). After being informed

Biles v. State

693 So. 2d 701, 1997 WL 255329

District Court of Appeal of Florida | Filed: May 16, 1997 | Docket: 435198

Published

felonies with five-year statutory maximums. See § 316.193(3), Fla. Stat. (1995). While the trial court's

State v. Pierre

693 So. 2d 102, 1997 Fla. App. LEXIS 4948, 1997 WL 231485

District Court of Appeal of Florida | Filed: May 9, 1997 | Docket: 64773320

Published

REMANDED. COBB and THOMPSON, JJ., concur. . § 316.193, Fla.Stat. (1993). . § 316.1932, Fla.Stat. (1993)

State v. Talty

692 So. 2d 936, 1997 Fla. App. LEXIS 3217, 1997 WL 163013

District Court of Appeal of Florida | Filed: Apr 9, 1997 | Docket: 64773090

Published

alcohol tests administered in accordance with section 316.193(9), Florida Statutes (1993), should have been

Wissel v. State

691 So. 2d 507, 1997 Fla. App. LEXIS 2061, 1997 WL 100953

District Court of Appeal of Florida | Filed: Mar 7, 1997 | Docket: 64772424

Published

judgment and sentence for D.U.I. in violation of section 316.193, Florida Statutes (1993), entered following

Harbaugh v. Cochran

688 So. 2d 1020, 1997 Fla. App. LEXIS 1851, 1997 WL 91312

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 64771518

Published

violation of section 316.193(l)(a), and charged with a felony pursuant to section 316.193(2)(b), Florida

Davis v. State

688 So. 2d 996, 1997 Fla. App. LEXIS 1792, 1997 WL 82583

District Court of Appeal of Florida | Filed: Feb 28, 1997 | Docket: 64771508

Published

procedure. W. SHARP and GRIFFIN, JJ., concur. . § 316.193(3), Fla.Stat. (1993). . § 322.271, Fla. Stat

Hertzschuch v. State

687 So. 2d 52, 1997 Fla. App. LEXIS 282, 1997 WL 30876

District Court of Appeal of Florida | Filed: Jan 29, 1997 | Docket: 64770625

Published

vehicles parked on the street, in violation of section 316.193(3), Florida Statutes (1995). All four vehicles

Frasier v. State

683 So. 2d 623, 1996 Fla. App. LEXIS 12430, 1996 WL 673347

District Court of Appeal of Florida | Filed: Nov 22, 1996 | Docket: 64769353

Published

concur. . § 843.01, Fla. Stat. (1993). . § 316.193(l)(a) & (2)(b), Fla. Stat. (1993).

Castro v. State

685 So. 2d 27, 1996 Fla. App. LEXIS 12332, 1996 WL 670551

District Court of Appeal of Florida | Filed: Nov 20, 1996 | Docket: 64769878

Published

affirm appellant’s three convictions under section 316.193(3)(c)l, Florida Statutes (1993). State v. Salazar

Torti v. State

681 So. 2d 308, 1996 Fla. App. LEXIS 10469, 1996 WL 581921

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 64768229

Published

812.014(1) and (2)(c), Fla.Stat. (1995). . § 316.193(l)(a) and (2)(a), Fla.Stat. (1995).

State v. Salazar

679 So. 2d 1183, 21 Fla. L. Weekly Supp. 399, 1996 Fla. LEXIS 1641, 1996 WL 544209

Supreme Court of Florida | Filed: Sep 26, 1996 | Docket: 64767537

Published

Melbourne applies to parts 1, 2, and 3 of section 316.193(3)(c), Florida Statutes (1993). It is so ordered

Singer v. State

679 So. 2d 1274, 1996 Fla. App. LEXIS 9769, 1996 WL 531699

District Court of Appeal of Florida | Filed: Sep 20, 1996 | Docket: 64767572

Published

case 92-7018, a third-degree felony under section 316.193(2)(b), Florida Statutes (1991), and he received

Gonzalez v. State

675 So. 2d 225, 1996 Fla. App. LEXIS 6335, 1996 WL 325338

District Court of Appeal of Florida | Filed: Jun 14, 1996 | Docket: 64765258

Published

DAUKSCH, COBB and THOMPSON, JJ., concur. . § 316.193(1), (3)(a), (3)(b), and (3)(c)3„ Fla. Stat. (1993)

State v. Muller

681 So. 2d 725, 1996 Fla. App. LEXIS 5164, 1996 WL 257041

District Court of Appeal of Florida | Filed: May 17, 1996 | Docket: 64768399

Published

order of the Pasco County Court declaring section 316.193(6)(d), Florida Statutes (1993), the DUI vehicle

Magee v. State

673 So. 2d 197, 1996 Fla. App. LEXIS 5143, 1996 WL 257333

District Court of Appeal of Florida | Filed: May 17, 1996 | Docket: 64764543

Published

him guilty of driving under the influence, section 316.193, Florida Statutes (1993), and driving while

United States v. Svaib

924 F. Supp. 137, 1996 U.S. Dist. LEXIS 5934, 1996 WL 224784

District Court, M.D. Florida | Filed: Apr 10, 1996 | Docket: 66004481

Published

legal limit of .08 established under Fla.Stat. § 316.193. Dr. Kelly O’Keefe, the emergency room physician

Muss v. Lennar Florida Partners I, L.P.

673 So. 2d 84, 1996 Fla. App. LEXIS 3549, 1996 WL 165413

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 64764496

Published

belief’ that person arrested had violated section 316.193), rev. denied, 639 So.2d 980 (Fla.1994). The

State v. Haddix

668 So. 2d 1064, 1996 Fla. App. LEXIS 1600, 1996 WL 82202

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 64762746

Published

level of .08 percent or above, contrary to section 316.193(1), Florida Statutes. He pled guilty to the

Salas-Triana v. State

669 So. 2d 306, 1996 Fla. App. LEXIS 1749, 1996 WL 82766

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 64762862

Published

AN ENHANCED MISDEMEANOR DUI PENALTY UNDER SECTION 316.193(2)(a), FLORIDA STATUTES. As for the second

State v. Peloquin

678 So. 2d 1303, 1995 Fla. App. LEXIS 12892, 1995 WL 739704

District Court of Appeal of Florida | Filed: Dec 15, 1995 | Docket: 64767067

Published

nonfinal orders which declare unconstitutional section 316.193(6)(d), Florida Statutes (1993) (the DUI vehicle

Salazar v. State

665 So. 2d 1066, 1995 WL 637552

District Court of Appeal of Florida | Filed: Nov 1, 1995 | Docket: 1351349

Published

property owners is contrary to the intent of section 316.193, Florida Statutes (1993), violates double jeopardy

Davis v. Department of Highway Safety & Motor Vehicles

660 So. 2d 775, 1995 Fla. App. LEXIS 9770, 1995 WL 548346

District Court of Appeal of Florida | Filed: Sep 18, 1995 | Docket: 64758888

Published

driving under the influence in violation of section 316.193, Florida Statutes. Some two years later, he

Davis v. Department of Highway Safety & Motor Vehicles

660 So. 2d 775, 1995 Fla. App. LEXIS 9770, 1995 WL 548346

District Court of Appeal of Florida | Filed: Sep 18, 1995 | Docket: 64758888

Published

driving under the influence in violation of section 316.193, Florida Statutes. Some two years later, he

Ago

Florida Attorney General Reports | Filed: Jun 13, 1995 | Docket: 3257393

Published

A. Butterworth Attorney General RAB/tgk 1 Section 316.193, Fla. Stat. (1994 Supp.). 2 Section 316.1932

Phaneuf v. State

655 So. 2d 1300, 1995 Fla. App. LEXIS 6285, 1995 WL 340226

District Court of Appeal of Florida | Filed: Jun 9, 1995 | Docket: 64756702

Published

service in lieu of mandatory fine imposed by section 316.193; all statutory references to community service

State v. Mathews

654 So. 2d 291, 1995 Fla. App. LEXIS 4656, 1995 WL 254419

District Court of Appeal of Florida | Filed: May 3, 1995 | Docket: 64755911

Published

citation, and also charged with DUI pursuant to section 316.193(1), Florida Statutes (1993). Each defendant

State v. Woodruff

654 So. 2d 585, 1995 Fla. App. LEXIS 4061, 1995 WL 228605

District Court of Appeal of Florida | Filed: Apr 19, 1995 | Docket: 64756084

Published

defendant with misdemeanor DUI in violation of section 316.193, Florida Statutes (1991), and the information

Longshore v. State

655 So. 2d 1139, 1995 Fla. App. LEXIS 2364, 1995 WL 96323

District Court of Appeal of Florida | Filed: Mar 10, 1995 | Docket: 64756655

Published

dissent. . § 316.027(l)(a), Fla.Stat. (1993). . § 316.193, Fla.Stat (1993). . § 316.074, Fla.Stat. (1993)

State v. Unruh

658 So. 2d 1011, 1994 Fla. App. LEXIS 12451, 1994 WL 708318

District Court of Appeal of Florida | Filed: Dec 22, 1994 | Docket: 64758097

Published

with opinion in which W. SHARP, J., concurs. . § 316.193, Fla.Stat. (1991). . Section 316.1932(l)(f)3

State v. Edwards

650 So. 2d 630, 1994 Fla. App. LEXIS 12215, 1994 WL 700668

District Court of Appeal of Florida | Filed: Dec 16, 1994 | Docket: 64754359

Published

influence causing serious bodily injury, under section 316.193(3) Florida Statutes (1991). Edwards filed a

Florida Board of Bar Examiners re F.O.L.

646 So. 2d 185, 19 Fla. L. Weekly Supp. 561, 1994 Fla. LEXIS 1575, 1994 WL 597597

Supreme Court of Florida | Filed: Nov 3, 1994 | Docket: 64752489

Published

alcohol level of 0.10 or higher in violation of section 316.193, Florida Statutes (1991), and was in possession

Brown v. State

647 So. 2d 214, 1994 Fla. App. LEXIS 8236, 1994 WL 445595

District Court of Appeal of Florida | Filed: Aug 19, 1994 | Docket: 64752906

Published

which requires three prior convictions for DUI. § 316.193(2)(b), Fla.Stat. (1987). Mr. Brown filed a postconviction

Edwards v. State

639 So. 2d 203, 1994 Fla. App. LEXIS 7225, 1994 WL 380920

District Court of Appeal of Florida | Filed: Jul 20, 1994 | Docket: 64749587

Published

sentenced him for two counts: a violation of section 316.193, Florida Statutes (1991) (DUI resulting in

Weyrauch v. State

637 So. 2d 953, 1994 Fla. App. LEXIS 5200, 1994 WL 234346

District Court of Appeal of Florida | Filed: Jun 1, 1994 | Docket: 64748847

Published

stated the elements under the DUBAL statute, section 316.193(l)(b), Florida Statutes (1991): (1) A person

Stafford v. State

636 So. 2d 163, 1994 Fla. App. LEXIS 3886, 1994 WL 149718

District Court of Appeal of Florida | Filed: Apr 27, 1994 | Docket: 64748145

Published

trial. We reverse and remand for resentencing. § 316.193(6), Fla.Stat. (1993); Williams v. State, 556 So

Hayman v. State

634 So. 2d 1097, 1994 Fla. App. LEXIS 2482, 1994 WL 84095

District Court of Appeal of Florida | Filed: Mar 16, 1994 | Docket: 64747594

Published

conviction to be treated as a third conviction. See § 316.-193(6)(e), Fla.Stat. (Supp.1992). Apparently, there

Garcia v. State

633 So. 2d 518, 1994 WL 68835

District Court of Appeal of Florida | Filed: Mar 9, 1994 | Docket: 1296819

Published

(Fla. 1990), with regard to the fact that section 316.193, Florida Statutes (1990) allows conviction

Perez v. State

630 So. 2d 1231, 1994 Fla. App. LEXIS 375, 1994 WL 22570

District Court of Appeal of Florida | Filed: Jan 26, 1994 | Docket: 64746026

Published

was convicted and sentenced for violating section 316.193(3),1 Florida Statutes. In reliance upon section

Lukas v. State

627 So. 2d 123, 1993 Fla. App. LEXIS 11984, 1993 WL 495977

District Court of Appeal of Florida | Filed: Dec 3, 1993 | Docket: 64744288

Published

GOSHORN, PETERSON and GRIFFIN, JJ., concur. . § 316.193, Fla.Stat. (1991).

Voorhees v. State

630 So. 2d 1139, 1993 Fla. App. LEXIS 10977, 1993 WL 435894

District Court of Appeal of Florida | Filed: Oct 29, 1993 | Docket: 64745999

Published

the date of a prior conviction” in count one. § 316.193(6)(b), Fla.Stat. (1991). The circuit court based

In re Inquiry Concerning a Judge re Gloeckner

626 So. 2d 188, 18 Fla. L. Weekly Supp. 543, 1993 Fla. LEXIS 1666

Supreme Court of Florida | Filed: Oct 14, 1993 | Docket: 64743879

Published

normal faculties were impaired, in violation of Section 316.193, F.S., and cited her with Careless Driving

State v. Smith

624 So. 2d 355, 1993 Fla. App. LEXIS 9414, 1993 WL 356914

District Court of Appeal of Florida | Filed: Sep 17, 1993 | Docket: 64742977

Published

legislature amended the DUI manslaughter statute. § 316.193(3)(c), Fla.Stat. (Supp.1986). The Florida Supreme

State v. Smith

624 So. 2d 355, 1993 Fla. App. LEXIS 9414, 1993 WL 356914

District Court of Appeal of Florida | Filed: Sep 17, 1993 | Docket: 64742977

Published

legislature amended the DUI manslaughter statute. § 316.193(3)(c), Fla.Stat. (Supp.1986). The Florida Supreme

Department of Highway Safety & Motor Vehicles, Bureau of Driver Improvement v. Thompson

622 So. 2d 1169, 1993 Fla. App. LEXIS 8760, 1993 WL 323151

District Court of Appeal of Florida | Filed: Aug 27, 1993 | Docket: 64698271

Published

placed under lawful arrest for a violation of section 316.193; (3) whether the person refused to submit to

Bowman v. State

618 So. 2d 763, 1993 Fla. App. LEXIS 5245, 1993 WL 152401

District Court of Appeal of Florida | Filed: May 12, 1993 | Docket: 64696431

Published

jury of the state’s initial burden. Here, section 316.193, Florida Statutes (1989), contains a clear

State, Department of Highway Safety & Motor Vehicles v. Berry

619 So. 2d 976, 1993 Fla. App. LEXIS 4244

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 64696901

Published

for driving under the influence of alcohol. Section 316.193, Fla.Stat. (1991).1 There is no dispute that

Boutwell v. State

625 So. 2d 1215, 1993 Fla. App. LEXIS 3224, 1993 WL 80596

District Court of Appeal of Florida | Filed: Mar 24, 1993 | Docket: 64743781

Published

information charging him with four violations of section 316.193(3)(c)(l) and four violations of section 322

In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts

608 So. 2d 451, 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685

Supreme Court of Florida | Filed: Oct 22, 1992 | Docket: 64692018

Published

course in Florida would constitute a hardship. Section 316.193(5) requires only that the substance abuse course

Wright v. State

603 So. 2d 624, 1992 Fla. App. LEXIS 8394, 1992 WL 185037

District Court of Appeal of Florida | Filed: Aug 4, 1992 | Docket: 64669292

Published

on four counts of driving under the influence, § 316.193(3), Fla. Stat. (1989), and on one count of driving

State v. Carter

601 So. 2d 1341, 1992 Fla. App. LEXIS 8221, 1992 WL 164178

District Court of Appeal of Florida | Filed: Jul 17, 1992 | Docket: 64668814

Published

influence of alcoholic beverages as proscribed by section 316.193(2)(b), Florida Statutes (1989). Carter is entitled

State v. Wager

599 So. 2d 267, 1992 Fla. App. LEXIS 6301, 1992 WL 110913

District Court of Appeal of Florida | Filed: May 28, 1992 | Docket: 64667569

Published

influence of alcoholic beverages as proscribed by section 316.-193(2)(b), Florida Statutes. ERVIN and KAHN, JJ

State v. Coatney

596 So. 2d 499, 1992 Fla. App. LEXIS 3852, 1992 WL 59249

District Court of Appeal of Florida | Filed: Mar 27, 1992 | Docket: 64666381

Published

felony charge of driving under the influence. See § 316.193(2)(b), Fla.Stat. (1989). Because appellee had

Hauss v. State

592 So. 2d 783, 1992 Fla. App. LEXIS 538, 1992 WL 12311

District Court of Appeal of Florida | Filed: Jan 29, 1992 | Docket: 64664753

Published

allowed by law for a first offense D.U.I. Section 316.193(2)(a), Fla.Stat. (1989). The state acknowledges

Judd v. State

591 So. 2d 1136, 1992 Fla. App. LEXIS 102, 1992 WL 1345

District Court of Appeal of Florida | Filed: Jan 8, 1992 | Docket: 64664452

Published

faculties were impaired, in violation of Florida Statute 316.193(l)(a).” Nothing in the information places

State v. Whitaker

590 So. 2d 1029, 1991 Fla. App. LEXIS 12519, 1991 WL 265065

District Court of Appeal of Florida | Filed: Dec 13, 1991 | Docket: 64663952

Published

withhold adjudication of guilt for violations of section 316.193, Florida Statutes. We reverse. Appellant pled

Leone v. State

590 So. 2d 29, 1991 Fla. App. LEXIS 11868, 1991 WL 248617

District Court of Appeal of Florida | Filed: Nov 29, 1991 | Docket: 64663495

Published

accusatorial pleading of a DUI charge under section 316.193, Florida Statutes, so vague, indistinct and

Joslin v. State

587 So. 2d 1187, 1991 Fla. App. LEXIS 10862, 1991 WL 219462

District Court of Appeal of Florida | Filed: Oct 31, 1991 | Docket: 64662485

Published

misdemeanor, not a felony. See § 316.193(2)(a), Fla.Stat. (1989). Compare § 316.193(2)(b), Fla.Stat. (1989)

Sizensky v. State

588 So. 2d 287, 1991 Fla. App. LEXIS 10879, 1991 WL 224554

District Court of Appeal of Florida | Filed: Oct 30, 1991 | Docket: 64662705

Published

level (BAL) of .10 percent as required by section 316.193, Florida Statutes (1989). We agree with appellant

Wills v. Wilson

586 So. 2d 468, 1991 Fla. App. LEXIS 9429, 1991 WL 188011

District Court of Appeal of Florida | Filed: Sep 24, 1991 | Docket: 64661780

Published

misdemeanor count of driving under the influence. § 316.193(3)(c)(l), Fla.Stat. (1989). On February 12, 1991

Ago

Florida Attorney General Reports | Filed: Sep 12, 1991 | Docket: 3255217

Published

for driving under the influence? SUMMARY: Section 316.193(9), F.S., as created by s. 18, Ch. 91-255,

Girard v. State

584 So. 2d 235, 1991 Fla. App. LEXIS 8455, 1991 WL 164560

District Court of Appeal of Florida | Filed: Aug 29, 1991 | Docket: 64660894

Published

human being (DUI manslaughter) in violation of section 316.193, of the Florida Statutes (1987). However, appellant

Kelly v. State

579 So. 2d 926, 1991 Fla. App. LEXIS 5077, 1991 WL 92966

District Court of Appeal of Florida | Filed: Jun 5, 1991 | Docket: 64658870

Published

unlawful blood alcohol level in violation of section 316.-193(l)(a) and (b), Florida Statutes (1989). Subsequently

State v. Rivera

578 So. 2d 899, 1991 Fla. App. LEXIS 4493, 1991 WL 72072

District Court of Appeal of Florida | Filed: May 7, 1991 | Docket: 64658380

Published

Program satisfied the “jail time” requirement of section 316.-193(6)(b), Florida Statutes (1989) for a second

Reed v. State

579 So. 2d 198, 1991 Fla. App. LEXIS 3591, 1991 WL 58882

District Court of Appeal of Florida | Filed: Apr 19, 1991 | Docket: 64658595

Published

State, 569 So.2d 869 (Fla. 2d DCA 1990). Section 316.193, Florida Statutes (1987), provides for periods

Kenson v. State

577 So. 2d 694, 1991 Fla. App. LEXIS 3191, 1991 WL 50228

District Court of Appeal of Florida | Filed: Apr 9, 1991 | Docket: 64657926

Published

under the influence of alcohol, a violation of section 316.193, Florida Statutes (1987). After the denial

Trujillo v. State

575 So. 2d 786, 1991 Fla. App. LEXIS 1973, 1991 WL 30429

District Court of Appeal of Florida | Filed: Mar 11, 1991 | Docket: 64656891

Published

of driving under the influence, contrary to section 316.193(l)(a), Florida Statutes (1989). We reverse

Killeen v. State

572 So. 2d 1015, 1991 Fla. App. LEXIS 32, 1991 WL 435

District Court of Appeal of Florida | Filed: Jan 4, 1991 | Docket: 64655787

Published

Rolle the defendant was charged pursuant to section 316.193, Florida Statutes (1985), which had alternative

Essen v. Mellon

747 F. Supp. 692, 1990 U.S. Dist. LEXIS 17725, 1990 WL 154639

District Court, S.D. Florida | Filed: Oct 12, 1990 | Docket: 65973132

Published

alcohol level of .10% or above in violation of F.S. § 316.193. The plaintiff in addition to challenging the

Tyndal v. State

563 So. 2d 213, 1990 Fla. App. LEXIS 4885, 1990 WL 95345

District Court of Appeal of Florida | Filed: Jul 3, 1990 | Docket: 64651213

Published

The offense is a third degree felony under section 316.193(2)(b), Florida Statutes (1987), due to Tyndal’s

State v. Carter

563 So. 2d 728, 1990 Fla. App. LEXIS 4042, 1990 WL 73282

District Court of Appeal of Florida | Filed: Jun 5, 1990 | Docket: 64651286

Published

driving under the influence in violation of section 316.193, Florida Statutes (1989). Appellee, contending

Ramsey v. State

562 So. 2d 394, 1990 Fla. App. LEXIS 3921, 1990 WL 71777

District Court of Appeal of Florida | Filed: May 31, 1990 | Docket: 64650941

Published

04(4)(c), Fla.Stat. . Driving under the influence, § 316.193(1), Fla.Stat. . Driving with a suspended license

State v. Hanney

571 So. 2d 5, 1990 Fla. App. LEXIS 2901, 1990 WL 52317

District Court of Appeal of Florida | Filed: Apr 25, 1990 | Docket: 64654908

Published

charged by information with felony DUI under section 316.193(2)(b), Florida Statutes (1987), which provides

Bouchard v. State

556 So. 2d 1215, 1990 Fla. App. LEXIS 904, 1990 WL 12773

District Court of Appeal of Florida | Filed: Feb 16, 1990 | Docket: 64648167

Published

element of causation in prosecutions based upon section 316.193(3): [T]he statute does not say that the operator

O'Hara v. State

554 So. 2d 26, 1989 Fla. App. LEXIS 7388, 1989 WL 153626

District Court of Appeal of Florida | Filed: Dec 22, 1989 | Docket: 64647132

Published

were tried as to whether the amended statute, section 316.193(3)(c) Florida Statutes (1986), required proof

Rodriguez v. State

553 So. 2d 1331, 1989 Fla. App. LEXIS 7144, 1989 WL 153711

District Court of Appeal of Florida | Filed: Dec 13, 1989 | Docket: 64647080

Published

driver-under-the-influence charge, because it referred to Section 316.193(2)(b), Florida Statutes (1988), was sufficient

Madison v. State

540 So. 2d 189, 14 Fla. L. Weekly 717, 1989 Fla. App. LEXIS 1397, 1989 WL 23489

District Court of Appeal of Florida | Filed: Mar 16, 1989 | Docket: 64641146

Published

June 1987 with felony DUI in violation of section 316.193(2)(b), Florida Statutes, which provides that

Bonds v. Fleming

539 So. 2d 583, 1989 WL 20682

District Court of Appeal of Florida | Filed: Mar 9, 1989 | Docket: 1511009

Published

statutes: the prohibition against drunk driving (section 316.193) and the prohibition against *585 supplying

State v. Bohannon

538 So. 2d 1384, 14 Fla. L. Weekly 579, 1989 Fla. App. LEXIS 1019, 1989 WL 16656

District Court of Appeal of Florida | Filed: Mar 2, 1989 | Docket: 64640727

Published

conviction for DUI manslaughter was pursuant to section 316.-193(3)(c)(3), Florida Statutes (1987). Previously

Solomon v. State

538 So. 2d 931, 14 Fla. L. Weekly 377, 1989 Fla. App. LEXIS 469, 1989 WL 8336

District Court of Appeal of Florida | Filed: Feb 7, 1989 | Docket: 64640624

Published

with a misdemeanor offense of violation of section 316.193, Florida Statutes, driving while under the

State v. Kearney

535 So. 2d 711, 14 Fla. L. Weekly 104, 1988 Fla. App. LEXIS 5775, 1988 WL 139112

District Court of Appeal of Florida | Filed: Dec 30, 1988 | Docket: 64639277

Published

inter alia, DUI manslaughter in violation of section 316.-193, Florida Statutes (1987). Prior to trial,

State v. Naumowicz

535 So. 2d 702, 14 Fla. L. Weekly 76, 1988 Fla. App. LEXIS 5748, 1988 WL 138493

District Court of Appeal of Florida | Filed: Dec 29, 1988 | Docket: 64639273

Published

violation of section 316.193(3)(c)(3), Florida Statutes, and DUI, in violation of section 316.193(l)(b), Florida

State v. Bowen

533 So. 2d 851, 13 Fla. L. Weekly 2343, 1988 Fla. App. LEXIS 4639, 1988 WL 107908

District Court of Appeal of Florida | Filed: Oct 20, 1988 | Docket: 64638534

Published

replacement, effective October 1, 1986, by section 316.193, Florida Statutes (Supp.1986).1 In adopting

Drigotas v. State

531 So. 2d 421, 13 Fla. L. Weekly 2230, 1988 Fla. App. LEXIS 4301, 1988 WL 98589

District Court of Appeal of Florida | Filed: Sep 28, 1988 | Docket: 64637152

Published

public importance the following question: Does Fla.Stat. 316.193(6)(c), as amended, require the imposition

Florida Bar

536 So. 2d 181, 1988 Fla. LEXIS 1471, 1988 WL 143332

Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64639474

Published

and was designed to allow compliance with Section 316.193(5), Florida Statutes, where the person did

Florida Bar

530 So. 2d 274, 13 Fla. L. Weekly 510, 1988 Fla. LEXIS 885, 1988 WL 90343

Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64636676

Published

new and was designed to allow compliance with F.S. 316.193(5), where the person did not reside in the State

Roundtree v. State

528 So. 2d 436, 13 Fla. L. Weekly 1434, 1988 Fla. App. LEXIS 2526, 1988 WL 60466

District Court of Appeal of Florida | Filed: Jun 17, 1988 | Docket: 64636017

Published

from the presumptive guidelines sentence. See § 316.193(3)(c)3, Fla.Stat. (Supp.1986); State v. Cote,

Stancato v. State

526 So. 2d 723, 13 Fla. L. Weekly 1185, 1988 Fla. App. LEXIS 2037, 1988 WL 47481

District Court of Appeal of Florida | Filed: May 17, 1988 | Docket: 64635290

Published

(effective October 1, 1986), and replaced by Section 316.193, Florida Statutes (Supp. 1986). The offense

Earp v. State

522 So. 2d 992, 13 Fla. L. Weekly 802, 1988 Fla. App. LEXIS 1247, 1988 WL 26267

District Court of Appeal of Florida | Filed: Mar 29, 1988 | Docket: 64633856

Published

Death by an impaired driver in violation of Section 316.193, Florida Statutes (1986); Vehicular Homicide

Curry v. State

522 So. 2d 887, 13 Fla. L. Weekly 492, 1988 Fla. App. LEXIS 618, 1988 WL 11347

District Court of Appeal of Florida | Filed: Feb 17, 1988 | Docket: 64633823

Published

controlled substances” in violation of Florida Statute 316.193. b. Pursuant to the arrest the Defendant

State v. Oakley

515 So. 2d 1012, 12 Fla. L. Weekly 2299, 1987 Fla. App. LEXIS 10297, 1987 WL 3915

District Court of Appeal of Florida | Filed: Sep 23, 1987 | Docket: 64631024

Published

under the influence of alcohol pursuant to section 316.193(1), Florida Statutes (1985). He thereafter

State v. Perez

510 So. 2d 1144, 12 Fla. L. Weekly 1923, 1987 Fla. App. LEXIS 9766

District Court of Appeal of Florida | Filed: Aug 7, 1987 | Docket: 64628771

Published

of driving under the influence pursuant to section 316.193 or section 316.1931. However, it is evident

Miller v. State

509 So. 2d 1387, 1987 Fla. App. LEXIS 9517, 12 Fla. L. Weekly 1840

District Court of Appeal of Florida | Filed: Jul 29, 1987 | Docket: 64628474

Published

I. is proscribed m section 316.193, Florida Statutes (1985), and section 316.193(l)(a) can be equated

Florida Bar Re Standard Jury Instructions—Criminal

508 So. 2d 1221, 12 Fla. L. Weekly 259, 1987 Fla. LEXIS 1921

Supreme Court of Florida | Filed: May 28, 1987 | Docket: 64628105

Published

(10) Amended instruction on DUI MANSLAUGHTER, F.S. 316.193; (11) An addition in instruction 3.04(c) ENTRAPMENT

Self v. State

504 So. 2d 810, 12 Fla. L. Weekly 929, 1987 Fla. App. LEXIS 7513

District Court of Appeal of Florida | Filed: Apr 3, 1987 | Docket: 64626080

Published

to sentence him to at least ten days in jail. § 316.193(4)(b), Fla.Stat. (1985). Prior to sentencing,

Bewick v. State

501 So. 2d 72, 12 Fla. L. Weekly 276, 1987 Fla. App. LEXIS 6306

District Court of Appeal of Florida | Filed: Jan 15, 1987 | Docket: 64624391

Published

previous conviction for violation un*74der section 316.193 or former section 316.-028 shall be considered

Department of Highway Safety & Motor Vehicles v. Spells

502 So. 2d 19, 12 Fla. L. Weekly 163, 1986 Fla. App. LEXIS 11459

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 64624853

Published

October 1, 1977, that section was renumbered to section 316.193. On June 29, 1984, Spells was convicted for

State v. Hilton

498 So. 2d 698, 12 Fla. L. Weekly 3, 1986 Fla. App. LEXIS 10991

District Court of Appeal of Florida | Filed: Dec 18, 1986 | Docket: 64623538

Published

or controlled substances in violation of section 316.193, Florida Statutes, and with careless driving

Roper v. State

504 So. 2d 1273, 11 Fla. L. Weekly 2508, 1986 Fla. App. LEXIS 10892

District Court of Appeal of Florida | Filed: Dec 2, 1986 | Docket: 64626205

Published

of acquittal. We find no error and affirm. Section 316.193, Florida Statutes (1983), driving while under

Department of Highway Safety & Motor Vehicles v. Morea

491 So. 2d 1210, 1986 Fla. App. LEXIS 8950, 11 Fla. L. Weekly 1568

District Court of Appeal of Florida | Filed: Jul 18, 1986 | Docket: 64620809

Published

under the influence (DUI) in violation of Section 316.-193, Florida Statutes (1983). Although the incident

Heidrich v. State ex rel. Blair

490 So. 2d 1306, 11 Fla. L. Weekly 1407, 1986 Fla. App. LEXIS 8439

District Court of Appeal of Florida | Filed: Jun 24, 1986 | Docket: 64620420

Published

whether defendants, charged with violating Section 316.-193(l)(a), Florida Statutes (1983), “[d]riving

Florida Bar Re: Rules of Criminal Procedure

482 So. 2d 311, 11 Fla. L. Weekly 15, 1985 Fla. LEXIS 1427

Supreme Court of Florida | Filed: Dec 19, 1985 | Docket: 64617097

Published

sentence by scoring each prior conviction under section 316 193, Florida Statutes (Supp.1984), or section 316

Perry v. State

478 So. 2d 494, 1985 Fla. App. LEXIS 16714, 10 Fla. L. Weekly 2531

District Court of Appeal of Florida | Filed: Nov 14, 1985 | Docket: 64615530

Published

normal faculties were impaired, in violation of section 316.193, Florida Statutes (1983). He pled not guilty

State v. McGarry

477 So. 2d 1030, 10 Fla. L. Weekly 2258, 1985 Fla. App. LEXIS 16035

District Court of Appeal of Florida | Filed: Sep 25, 1985 | Docket: 64615177

Published

an unlawful blood alcohol level contrary to section 316.193, Florida Statutes (1983). A police officer

Gardner v. State

468 So. 2d 265, 10 Fla. L. Weekly 553, 1985 Fla. App. LEXIS 12561

District Court of Appeal of Florida | Filed: Feb 27, 1985 | Docket: 64611724

Published

violative of Section 316.193, Florida Statutes. Gardner was charged with the violation of Section 316.193, Florida

State v. Stankovitch

456 So. 2d 546, 9 Fla. L. Weekly 2037, 1984 Fla. App. LEXIS 15053

District Court of Appeal of Florida | Filed: Sep 21, 1984 | Docket: 64607019

Published

withholding adjudication for violation of section 316.193(1), Florida Statutes (1983). On April 27, 1983

State v. Forrer

455 So. 2d 655, 9 Fla. L. Weekly 1898, 1984 Fla. App. LEXIS 14807

District Court of Appeal of Florida | Filed: Sep 6, 1984 | Docket: 64606750

Published

under the influence of alcohol in violation of section 316.193, Florida Statutes (1981), and filed a motion

Zink v. State

448 So. 2d 1196, 1984 Fla. App. LEXIS 12724

District Court of Appeal of Florida | Filed: Apr 18, 1984 | Docket: 64604326

Published

the influence of alcohol, in violation of section 316.193(l)(a), Florida Statutes (Supp.1982). Immediately

State v. Reed

448 So. 2d 1102, 1984 Fla. App. LEXIS 12493

District Court of Appeal of Florida | Filed: Mar 29, 1984 | Docket: 64604297

Published

that a person charged with the violation of section 316.193(1), Florida Statutes (1981), driving under

Miller v. State

442 So. 2d 419, 1983 Fla. App. LEXIS 25261

District Court of Appeal of Florida | Filed: Dec 21, 1983 | Docket: 64601554

Published

Appellant was charged in Count II with violating section 316.193, Florida Statutes (1981), which states in part:

Ivester v. State

429 So. 2d 1271, 1983 Fla. App. LEXIS 19069

District Court of Appeal of Florida | Filed: Apr 5, 1983 | Docket: 64596460

Published

under the influence of alcoholic beverages. Section 316.193, Fla.Stat. However, we were unable to give

In re Traffic Court Rule 6.115

401 So. 2d 805, 1981 Fla. LEXIS 2753

Supreme Court of Florida | Filed: Jul 1, 1981 | Docket: 64584131

Published

every individual convicted of a violation of Section 316.193 or 860.01, Florida Statutes. This shall include

State v. McIntyre

393 So. 2d 16, 1980 Fla. App. LEXIS 17896

District Court of Appeal of Florida | Filed: Dec 17, 1980 | Docket: 64579984

Published

influence of alcoholic beverages contrary to Section 316.193, Florida Statutes. Petitioner asserts that

Thompson v. Office of the Public Defender of the Ninth Judicial Circuit In & For Orange County

387 So. 2d 541, 1980 Fla. App. LEXIS 17137

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64577912

Published

finding a defendant charged with a violation of section 316.193, Florida Statutes (1979), (driving while under

Ago

Florida Attorney General Reports | Filed: Jun 18, 1980 | Docket: 3258038

Published

date of conviction of the current offense(s). Section 316.193(1) and (2)(a), (b), and (c), F. S., are stated

Dreblow v. State

382 So. 2d 695, 1980 Fla. LEXIS 4194

Supreme Court of Florida | Filed: Apr 3, 1980 | Docket: 64575616

Published

this case clearly referred to section 316.193 in its title. Section 316.193 is the prime and appropriate

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.