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Florida Statute 316.193 | Lawyer Caselaw & Research
F.S. 316.193 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.193
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
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
(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
(c) Who, by reason of such operation, causes or contributes to causing:
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.

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
(c) Until 8 hours have elapsed from the time the person was arrested.
(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.
Note.Former s. 316.028.

F.S. 316.193 on Google Scholar

F.S. 316.193 on Casetext

Amendments to 316.193


Arrestable Offenses / Crimes under Fla. Stat. 316.193
Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.193 1 - TRAFFIC OFFENSE - REVISED. SEE REC #6276 - M: S
S316.193 1 - DUI-UNLAW BLD ALCH - RENUMBERED. SEE REC # 8513 - M: N
S316.193 1 - TRAFFIC OFFENSE - REVISED. SEE REC # 6276 - M: F
S316.193 1 - DUI-UNLAW BLD ALCH - RENUMBERED. SEE REC # 8825 - M: S
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 - TRAFFIC OFFENSE - REVISED. SEE REC # 6278 - M: F
S316.193 2a - TRAFFIC OFFENSE - REVISED. SEE REC #6278 - M: S
S316.193 2a - DUI-UNLAW BLD ALCH - RENUMBERED. SEE REC # 6276 - M: N
S316.193 2a - TRAFFIC OFFENSE - REMOVE BY CH 2002-263 - 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 WI 10 YEARS - 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 4 - DUI-UNLAW BLD ALCH - RENUMBERED. SEE REC # 8507 - M: 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 - REMOVED - M: F
S316.193 13a - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8508 - M: F
S316.193 13a - PUBLIC ORDER CRIMES - VEHICLE IMMOBILIZATION AGENCY VIOLATE REGS - M: F
S316.193 13c - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8873 - M: F


Civil Citations / Citable Offenses under S316.193
R or S next to points is Mandatory Revocation or Suspension

S316.193 D.U.I. - DRIVING UNDER THE INFLUENCE - Points on Drivers License:
S316.193 (1) D.U.I. - DRIVING UNDER THE INFLUENCE - Points on Drivers License: 0 R
S316.193 (1) D.U.I. - DRIVING UNDER THE INFLUENCE (BICYCLE) - Points on Drivers License: 0 R
S316.193 (3)(a)(b)(c)1 D.U.I. - PROPERTY DAMAGE/PERSONAL INJURY - Points on Drivers License: 0 R
S316.193 (3)(a)(b)(c)1 D.U.I. - PROPERTY DAMAGE/PERSONAL INJURY (BICYCLE) - Points on Drivers License: 0 R
S316.193 (3)(a)(b)(c)2 D.U.I. - SERIOUS BODILY INJURY - Points on Drivers License: 0 R
S316.193 (3)(a)(b)(c)2 D.U.I. - SERIOUS BODILY INJURY (BICYCLE) - Points on Drivers License: 0 R
S316.193 (3)(a)(b)(c)3 D.U.I. MANSLAUGHTER - Points on Drivers License: 0 R
S316.193 (3)(a)(b)(c)3 D.U.I. MANSLAUGHTER (BICYCLE) [See 322.26(1) and 322.28] - Points on Drivers License: 0 R


Annotations, Discussions, Cases:

Cases from cite.case.law:

JOHNSON, v. STATE, 275 So. 3d 800 (Fla. App. Ct. 2019)

. . . See § 316.193(1)(a), Fla. Stat. (criminalizing driving under the influence of drugs). . . .

UNITED STATES v. F. LEEKLEY,, 377 F. Supp. 3d 1318 (N.D. Fla. 2019)

. . . while under the influence of an alcoholic beverage or controlled substance, in violation of Section 316.193 . . .

PETERSON, v. STATE, 264 So. 3d 1183 (Fla. App. Ct. 2019)

. . . See § 316.193(1)(a), Fla. . . .

HOWITT, v. STATE, 266 So. 3d 219 (Fla. App. Ct. 2019)

. . . Sections 316.027(2)(c), 316.193(3)(c)1., and 316.193(3)(c)3.a., Florida Statutes (2016), respectively . . .

BERROCALES, v. STATE, 268 So. 3d 771 (Fla. App. Ct. 2019)

. . . court informed him that a conviction of DUI involving serious bodily injury to another under section 316.193 . . .

STATE v. BOSTON,, 267 So. 3d 463 (Fla. App. Ct. 2019)

. . . See § 316.193(2)(b)(1), Fla. Stat. (2016). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 262 So. 3d 59 (Fla. 2019)

. . . Driving under the 316.193(1) 28.1 Influence Driving under the 316.193(3)(a), 28.3 influence causing ( . . . (2)(b)1 or § 316.193(2)(b)3, Fla. . . . (2)(b)1. or 316.193(2)(b)3. . . . ONE TWO Driving under 316.193(1) 28.1 the influence Attempt 777.04(1) 5.1 Driving under 316.193(3)(a) . . . TWO Driving under the 316.193(3)(a)(b)(c)1. 28.1 influence causing injury 28.1(a) Driving under the 316.193 . . .

POWERS, v. STATE, 260 So. 3d 318 (Fla. App. Ct. 2018)

. . . Background The information charged Appellant DUI Manslaughter in violation of sections 316.193(1)(a) . . . and 316.193(3)(a)(b)(c)3.a, Florida Statutes, in Count 1 and DUI Manslaughter-UBAL in violation of sections . . . 316.193(1)(b) and 316.193(3)(a)(b)(c)3.a, Florida Statutes, in Count 2. . . . However, the judgment lists the offense as having been committed under both sections 316.193(1)(a) and . . . 316.193(3)(a)(b)(c)3.a, Florida Statutes. . . .

A. KOROLY, v. STATE, 257 So. 3d 1096 (Fla. App. Ct. 2018)

. . . See § 316.193, Fla. Stat. (2011). . . . manslaughter requires proof that a defendant operated a vehicle while impaired within the meaning of section 316.193 . . . [t]he death of any human being ...." § 316.193(3)(c) 3.a., Fla. Stat. (2013) (emphasis added). . . . See § 316.193(3)(c) 3., Fla. Stat. (2013) (emphasis added). . . .

LASSEND, v. UNITED STATES,, 898 F.3d 115 (1st Cir. 2018)

. . . . § 316.193(3)(c)(2) -is not a crime of violence under § 16(a). . . .

G. BERTONATTI, v. STATE, 251 So. 3d 237 (Fla. App. Ct. 2018)

. . . influence of alcoholic beverages ... to the extent that the person's normal faculties are impaired," § 316.193 . . . while having "a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood," § 316.193 . . .

HAWTHORNE, v. STATE, 248 So. 3d 1261 (Fla. App. Ct. 2018)

. . . . § 316.193(3), Fla. Stat. (2016). The trial court correctly admitted this evidence. . . .

BEDELL, v. STATE, 250 So. 3d 146 (Fla. App. Ct. 2018)

. . . See § 316.193(2)(b) 1, Fla. Stat. (2016). . . .

D. MILLER, v. STATE, 250 So. 3d 144 (Fla. App. Ct. 2018)

. . . for driving under the influence and causing the death of another human being in violation of section 316.193 . . . Florida Statutes, for driving under the influence and causing serious bodily injury, contrary to section 316.193 . . . Florida Statutes, and for driving under the influence and causing property damage in violation of section 316.193 . . .

B. BOULINEAU, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 247 So. 3d 660 (Fla. App. Ct. 2018)

. . . Petitioner was arrested on two separate occasions for driving under the influence, in violation of section 316.193 . . . provides: 322.28 Period of suspension or revocation.- * * * (2) In a prosecution for a violation of s. 316.193 . . . within a period of 5 years after the date of a prior conviction for a violation of the provisions of s. 316.193 . . .

ANGUILLE, v. STATE, 243 So. 3d 410 (Fla. App. Ct. 2018)

. . . . § 316.193, Fla. Stat. (2014). . . .

CITY OF BOCA RATON, v. L. BASSO,, 242 So. 3d 1141 (Fla. App. Ct. 2018)

. . . See § 316.193(9)(b), Fla. . . .

L. PRYEAR, v. STATE, 243 So. 3d 479 (Fla. App. Ct. 2018)

. . . manslaughter requires proof that a defendant operated a vehicle while impaired within the meaning of section 316.193 . . . [t]he death of any human being ...." § 316.193(3)(c) 3.a., Fla. Stat. (2013) (emphasis added). . . . See § 316.193(3)(c) 3., Fla. Stat. (2013). The current version contains broader language. . . .

STATE v. MILLER,, 227 So. 3d 562 (Fla. 2017)

. . . See § 316.193, Fla. Stat. (2017). . . . involuntary manslaughter resulting from tire operation of a motor vehicle; (b) Any violation of s. 316.193 . . .

UNITED STATES v. VAIL- BAILON,, 868 F.3d 1293 (11th Cir. 2017)

. . . . § 316.193(3)(c)(2), satisfied the definition of “crime of violence” under, among other things, 18 U.S.C . . . defendant in Leocal was convicted of DUI causing serious bodily injury in violation of Florida Statute § 316.193 . . .

GOODMAN, v. STATE, 229 So. 3d 366 (Fla. Dist. Ct. App. 2017)

. . . In sections 316.193 and 782.071, Florida Statutes, the Legislature did not omit a scienter requirement . . . know of an injury before he or she is required to stop would frustrate the very purpose of sections 316.193 . . . Although section 316.193(3)(c), Florida Statutes, does not have specific language eliminating knowledge . . . Similarly, as sections 316.193(3)(c) and 782.071(1), Florida Statutes, both have knowledge requirements . . . Section 316.193, Florida Statutes, which does not contain a similar provision, was initially enacted . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 211 So. 3d 995 (Fla. 2017)

. . . APPENDIX 7.8 DRIVING UNDER THE INFLUENCE MANSLAUGHTER §§ 316.193(3)(a), (3)(b), and (3)(c)3., Fla. . . . defendant) caused or contributed to the cause of the death of [(victim) ] [an unborn child], Give if §§ 316.193 . . . Give if applicable. § 316.193(4), Fla. . . .

STATE v. HAMILTON,, 210 So. 3d 776 (Fla. Dist. Ct. App. 2017)

. . . Hamilton with DUI (two prior convictions), see § 316.193(l)(a), (2)(b)(2), Fla. . . .

GEICO GENERAL INSURANCE COMPANY, v. A. DIXON,, 209 So. 3d 77 (Fla. Dist. Ct. App. 2017)

. . . See § 316.193(3)(a), (b) and (c)(2), Fla. Stat. (2015). . . .

STUCKEY, v. UNITED STATES,, 224 F. Supp. 3d 219 (S.D.N.Y. 2016)

. . . . § 316.193(3)(c)(2)). . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. WALSH,, 204 So.3d 169 (Fla. Dist. Ct. App. 2016)

. . . See §§ 316.193-, 1934, Fla. Stat. . . .

UNITED STATES v. VAIL- BAILON,, 838 F.3d 1091 (11th Cir. 2016)

. . . . § 316.193(c)(2) for driving under the influence of alcohol (DUI) and causing serious bodily injury. . . . The Court held that a violation of § 316.193(e)(2) did not constitute a “crime of violence” under 18 . . . Rather, the Supreme Court was concerned in Leocal that a person could be found guilty under § 316.193 . . . It is this missing hitting element in § 316.193(c)(2) that, distinguishes Leocal from the present case . . . . § 316.193(3)(c)(2) satisfied the definition of “crime of-violence” under, among other things, 18 U.S.C . . . accidental or negligent consequences—great bodily harm under § 784.041 and serious bodily injury under § 316.193 . . .

A. LARGAESPADA, v. STATE, 202 So. 3d 909 (Fla. Dist. Ct. App. 2016)

. . . See § 316.193(2)(b)3., Fla. . . .

STATE v. CHAVECO,, 199 So. 3d 509 (Fla. Dist. Ct. App. 2016)

. . . actual physical control of a motor vehicle while under the influence of alcohol in violation of section 316.193 . . .

GAULDEN, v. STATE, 195 So. 3d 1123 (Fla. 2016)

. . . Any person who willfully violates this paragraph while driving under the influence as set forth in s. 316.193 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 192 So. 3d 1190 (Fla. 2016)

. . . APPENDIX 28.1 DRIVING UNDER THE INFLUENCE § 316.193(1), Fla. Stat. . . . Give if applicable. § 316.193(4), Fla. Stat. . . . 2009 [6 So.3d 574] and 2016. 28.1(a) DRIVING UNDER THE INFLUENCE CAUSING PROPERTY DAMAGE OR INJURY § 316.193 . . . (Fla.2009), and amended in 2009 [18 So.3d 523], and 2016. 28.2 FELONY DRIVING UNDER THE INFLUENCE § 316.193 . . . (2)(b)1 or § 316.193(2)(b)3, Fla. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTIONS A A, 190 So. 3d 1055 (Fla. 2016)

. . . Appendix 7.8 DRIVING UNDER THE INFLUENCE MANSLAUGHTER §§ ⅞1-6,1-9¾(⅞-)(-⅞)(⅛^⅜ 316.193(3)(a), (3)(b), . . . Give if §§ M6.-193(3)(a)(b)(c)3b 316.193(8)(a), (3)(b), and (3)(c)3.b„ Fla. Stat., is charged. . . . Lesser Included Offenses DRIVING UNDER THE INFLUENCE MANSLAUGHTER— _ 316»193(3)(a)(b)(c)(3)316.193(3) . . . Driving under the 316.193(1) 28.1 ■ Influence > ■ Driving under the influ- 316,193(3)(a)(b)(c)2 28.3 . . . ence causing serious . 316.193(3)(a), (3)(b), and bodily injury_(3)(c)2._ Driving under the influ- 3- . . .

STATE v. A. PATINO,, 192 So. 3d 495 (Fla. Dist. Ct. App. 2016)

. . . court sentenced her to the statutory mandatory minimum term of four years in prison pursuant to section 316.193 . . .

LATHAM, v. STATE, 185 So. 3d 686 (Fla. Dist. Ct. App. 2016)

. . . .”- Section 960.03(3)(b) in turn defines “[c]rime” as [a] violation of s. 316.193, s. 316.027(1), s. . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. PEACOCK,, 185 So. 3d 632 (Fla. Dist. Ct. App. 2016)

. . . has been permanently revoked because he or she has been convicted four or more times of violating s. 316.193 . . . We explained that all the respondents had been arrested for violating- section 316.193, the DUI statute . . .

STATE v. J. MEYERS,, 184 So. 3d 1149 (Fla. Dist. Ct. App. 2015)

. . . See § 316.193(2)(b)(3), Fla. Stat. (2013); State v. Woodruff, 676 So.2d 975, 977 (Fla.1996). . . .

STATE v. YEOMANS,, 172 So. 3d 1006 (Fla. Dist. Ct. App. 2015)

. . . court could not have entered such a lenient sentence without the State’s waiver because, under section 316.193 . . . for DUI manslaughter was an illegal sentence in light of four-year mandatory minimum under section 316.193 . . .

UNITED STATES v. TINKER,, 618 F. App'x 635 (11th Cir. 2015)

. . . . § 316.193 (making it a crime to drive a vehicle while under the influence of alcohol or a controlled . . .

WILLIAMS, v. STATE, 167 So. 3d 483 (Fla. Dist. Ct. App. 2015)

. . . substances, or controlled substances; (b) Who was placed under lawful arrest for a violation of s. 316.193 . . .

BERTONATTI, v. STATE, 163 So. 3d 709 (Fla. Dist. Ct. App. 2015)

. . . . § 316.193(3)(c)3.b, Fla. Stat. (2010). . . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. HIRTZEL,, 163 So. 3d 527 (Fla. Dist. Ct. App. 2015)

. . . . §§ 316.193(1)(e); 322.2615(1)(a), Fla. Stat. (2010). . . .

NORMAN, v. STATE, 159 So. 3d 205 (Fla. Dist. Ct. App. 2015)

. . . has been deemed a habitual offender under s. 856.011(3), or has had two or more convictions under s. 316.193 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. WIGGEN,, 152 So. 3d 773 (Fla. Dist. Ct. App. 2014)

. . . license was suspended had an unlawful ... breath-alcohol level of 0.08 or higher as provided in s. 316.193 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. HARTZOG,, 148 So. 3d 816 (Fla. Dist. Ct. App. 2014)

. . . has been permanently revoked because he or she has been convicted four or more times of violating s. 316.193 . . . the last conviction or the expiration of 5 years after the termination of any incarceration under s. 316.193 . . .

DIXON, a. k. a. a. k. a. v. U. S. ATTORNEY GENERAL,, 768 F.3d 1339 (11th Cir. 2014)

. . . . § 316.193(3)(c)(2). See id. at 4, 125 S.Ct. at 379. . . . Stat. § 316.193(3)(c)(2)). . . . Section 316.193(3)(c)(2) therefore did not qualify as a crime of violence under § 16(a) because even . . .

REED, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Of, 767 F.3d 1252 (11th Cir. 2014)

. . . . § 316.193; two counts of vehicular homicide arising out of a failure to render aid or give information . . .

LANDRUM, v. STATE, 149 So. 3d 98 (Fla. Dist. Ct. App. 2014)

. . . . § 316.193(12), Fla. Stat. (2014). . . .

LAWS, v. STATE, 145 So. 3d 937 (Fla. Dist. Ct. App. 2014)

. . . under the influence of alcohol ... to the extent that [his or her] normal faculties are impaired,” § 316.193 . . . person has “a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood,” § 316.193 . . . the person has “a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.” § 316.193 . . . separate misdemeanor requires the suppression of relevant evidence in a criminal proceeding under section 316.193 . . .

STATE v. SALTER,, 143 So. 3d 1049 (Fla. Dist. Ct. App. 2014)

. . . the information charging Gary Salter with felony driving under the influence in violation of section 316.193 . . .

A No. SHEEHAN, 139 So. 3d 290 (Fla. 2014)

. . . See § 316.193(1)(c), Fla. Stat. (2011). . . .

RIVERA, Sr. v. STATE, 137 So. 3d 554 (Fla. Dist. Ct. App. 2014)

. . . prior DUI convictions necessary to make the one charged in the instant case a felony under section 316.193 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . This instruction was adopted in 2013. 28.3 DRIVING UNDER THE INFLUENCE CAUSING SERIOUS BODILY INJURY § 316.193 . . . Lesser Included Offenses DRIVING UNDER THE INFLUENCE CAUSING SERIOUS BODILY _INJURY — 316.193(3)(a)(b . . . DÜÍ Driving under the 316.193(3)(a)(b)(c)l 28.1 28.1(a) influence causing injury_ Driving under the influence . . . _316.193(1)28.1 Driving under the influ- 316.193(3)(a)(b)(c)l ence causing property damage 28.1(a) Attempt . . .

CARRIZOSA, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 124 So. 3d 1017 (Fla. Dist. Ct. App. 2013)

. . . See § 316.193(l)(a), Fla. Stat. (2010). Mr. . . . suspended had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher as provided in s. 316.193 . . .

BROOKS, v. STATE, 122 So. 3d 418 (Fla. Dist. Ct. App. 2013)

. . . following a jury verdict finding him guilty of felony driving under the influence (DUI) under sections 316.193 . . . (1) and 316.193(2)(b)(l), Florida Statutes (2010). . . . See § 316.193(2)(b)(l). At trial, Mr. . . .

GIL, v. STATE, 118 So. 3d 787 (Fla. 2013)

. . . or involuntary manslaughter resulting from the operation of a motor vehicle; (b) Any violation of s. 316.193 . . .

O BOYLE, v. L. BRADSHAW, CMI,, 952 F. Supp. 2d 1310 (S.D. Fla. 2013)

. . . arrested Plaintiff for Careless Driving and DUI in violation of Florida Statutes §§ 316.1925(1) and 316.193 . . .

BAKER, v. STATE, 115 So. 3d 1081 (Fla. Dist. Ct. App. 2013)

. . . See § 316.193(2)(b), Fla. Stat. (2010). . . . plea of nolo contendere to the lesser included offense of misdemeanor DUI, in violation of section 316.193 . . .

BARON, v. STATE, 125 So. 3d 979 (Fla. Dist. Ct. App. 2013)

. . . enhancement took place here as well, evidenced by the judgment of conviction and its citation to section 316.193 . . .

KIDDER, v. STATE, 117 So. 3d 1166 (Fla. Dist. Ct. App. 2013)

. . . See § 316.193(1 )(b), Fla. Stat. (2009). . . .

STATE v. C. KREMER,, 114 So. 3d 420 (Fla. Dist. Ct. App. 2013)

. . . The First District agreed: Section 316.193(3), Florida Statutes (2009), states, “A person who is convicted . . . ORFINGER, C.J. and BERGER, J„ concur. . §§ 316.193(1); 316.13(3)(c)3.a„ Fla. Stat. (2009). . . .

KLINKER, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 118 So. 3d 835 (Fla. Dist. Ct. App. 2013)

. . . license was suspended had an unlawful ... breath-alcohol level of 0.08 or higher as provided in s. 316.193 . . .

THOMPSON, v. STATE, 114 So. 3d 413 (Fla. Dist. Ct. App. 2013)

. . . See §§ 316.193(2)(b)2. . . .

STATE v. HOLBROOK,, 109 So. 3d 884 (Fla. Dist. Ct. App. 2013)

. . . See § 316.193(4), Fla. Stat. (2012). . . .

COLE, v. U. S. ATTORNEY GENERAL,, 712 F.3d 517 (11th Cir. 2013)

. . . . § 316.193(3)(c)(2), which criminalized driving under the influence of alcohol and causing serious bodily . . .

WOODBURY, v. STATE, 110 So. 3d 17 (Fla. Dist. Ct. App. 2013)

. . . See § 316.193(2)(b)(l), Fla. Stat. (2010). . . . District extended this holding, finding it “equally applicable to felony DUI prosecutions under section 316.193 . . .

SILHA, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES OF STATE OF FLORIDA, L. T. N., 109 So. 3d 820 (Fla. Dist. Ct. App. 2013)

. . . a record of such person’s conviction of any of the following offenses: ... a fourth violation of s. 316.193 . . .

RYAN, v. NATIONAL MARINE MANUFACTURERS ASSOCIATION, 103 So. 3d 1001 (Fla. Dist. Ct. App. 2012)

. . . . § 316.193(l)(b), Fla. Stat. . . .

UNITED STATES v. REYES,, 907 F. Supp. 2d 1068 (N.D. Cal. 2012)

. . . . § 316.193(3)(c)(2). . 18 U.S.C. § 924(c)(3)(B) reads: For purposes of this subsection the term "crime . . .

STATE v. SCHUMACHER,, 99 So. 3d 632 (Fla. Dist. Ct. App. 2012)

. . . Section 316.193(3), Florida Statutes (2009), states, “A person who is convicted of DUI manslaughter shall . . .

PENNINGTON, v. STATE, 100 So. 3d 193 (Fla. Dist. Ct. App. 2012)

. . . contribute to the death of the decedent and he could not be guilty of DUI manslaughter under section 316.193 . . . [t]he death of any human being .... ” § 316.193(3)(c)3., Fla. Stat. (2007). . . . that his intoxicated driving caused or contributed to the motorcyclist’s death as required by section 316.193 . . .

McKNIGHT, v. STATE, 95 So. 3d 1026 (Fla. Dist. Ct. App. 2012)

. . . . § 316.193(1), Fla. Stat. (2008). . . .

HOLT, Jr. v. U. S. ATTORNEY GENERAL,, 486 F. App'x 97 (11th Cir. 2012)

. . . . § 316.193. . . . Stat. § 316.193. . . .

STATE v. SALLE- GREEN,, 93 So. 3d 1169 (Fla. Dist. Ct. App. 2012)

. . . treatment, that the person’s blood-alcohol level meets or exceeds the blood-alcohol level specified in s. 316.193 . . .

J. STANGARONE, v. STATE, 94 So. 3d 652 (Fla. Dist. Ct. App. 2012)

. . . license that occurred with his 1995 plea to felony driving under the influence, in violation of section 316.193 . . .

a No. NELSON, 95 So. 3d 122 (Fla. 2012)

. . . Stat. (2011), place the defendant on probation for a period not to exceed one year, see § 316.193(6)( . . . Stat. (2011), require the defendant to complete a substance abuse course, see § 316.193(5), Fla. . . . See § 316.193(2)(a)2.a., Fla. Stat. (2011). . . . See § 316.193(3)(c)1.2.3„ Fla. Stat. (2011). . . . See § 316.193(4), Fla. . . .

STATE v. WOODEN,, 92 So. 3d 886 (Fla. Dist. Ct. App. 2012)

. . . or involuntary manslaughter resulting from the operation of a motor vehicle; (b) Any violation of s. 316.193 . . .

FERREI, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 91 So. 3d 920 (Fla. Dist. Ct. App. 2012)

. . . See § 316.193, Fla. Stat. (2010). Although Mr. . . .

PANKAU, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 91 So. 3d 923 (Fla. Dist. Ct. App. 2012)

. . . See § 316.193, Fla. Stat. (2010). Although Ms. . . .

GONZALEZ, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 91 So. 3d 924 (Fla. Dist. Ct. App. 2012)

. . . See § 316.193, Fla. Stat. (2010). Although Mr. . . .

BRIBIESCA- TAFOLLA, v. STATE, 93 So. 3d 364 (Fla. Dist. Ct. App. 2012)

. . . (Crim.) 28.3 (2010); §§ 316.193(1) and 316.193(3)(a), (3)(b), (3)(c)2., Fla. Stat. (2010). . . .

SIMS, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 477 F. App'x 629 (11th Cir. 2012)

. . . To convict a person under § 316.193(3), the state must show that, in addition to the defendant being . . . Stat. § 316.193(1), (3). . . . .

LAWRENCE, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 93 So. 3d 350 (Fla. Dist. Ct. App. 2012)

. . . . § 316.193(1), Fla. Stat. (2008). . § 316.1939, Fla. . . .

RUDOLPH, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 107 So. 3d 1129 (Fla. Dist. Ct. App. 2012)

. . . . § 316.193(1), Fla. Stat. (2010). . This information was not in our initial record. . . .

ROARK, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 107 So. 3d 1131 (Fla. Dist. Ct. App. 2012)

. . . . § 316.193(1), Fla. Stat. (2008). . This information obviously was not in our initial record. . . .

W. LINK, v. S. TUCKER,, 870 F. Supp. 2d 1309 (N.D. Fla. 2012)

. . . was sentenced to the statutory maximum of 60 months on Count 2, a third degree felony, pursuant to § 316.193 . . . a second degree felony, was a term of imprisonment not exceeding fifteen (15) years, pursuant to § 316.193 . . . separate offenses of DUI manslaughter' and leaving the scene of an accident with death are sections 316.193 . . . At the time of Petitioner’s offense conduct, section 316.193 provided, in relevant part: (1) A person . . . Stat. § 316.193(1X3) (2003). . . .

ARENAS, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 90 So. 3d 828 (Fla. Dist. Ct. App. 2012)

. . . arrested him for DUI and issued two misdemeanor traffic citations, one for the DUI violation of section 316.193 . . . Whether the person was placed under lawful arrest for a violation of s. 316.193. 3. . . .

BRIBIESCA- TAFOLLA, v. STATE, 126 So. 3d 1079 (Fla. Dist. Ct. App. 2012)

. . . (Crim.) 28.3 (2010); §§ 316.193(1) and 316.193(3)(a), (3)(b), (3)(c)2„ Fla. Stat. (2010). . . .

YACOUB, v. STATE, 85 So. 3d 1179 (Fla. Dist. Ct. App. 2012)

. . . See § 316.193(2)(b), Fla. Stat. (2008). . . .

A. O BRIEN, v. STATE, 80 So. 3d 459 (Fla. Dist. Ct. App. 2012)

. . . . § 316.193(3), Fla. Stat. (1981). . . . of a nonexistent crime is fundamental error, DUBAL was an existing crime in 1982 pursuant to section 316.193 . . .

MILANESE, v. CITY OF BOCA RATON,, 84 So. 3d 339 (Fla. Dist. Ct. App. 2012)

. . . The estate also argues that section 316.193(9), Florida Statutes (2007), applies to this case. . . . Section 316.193(9) provides that the police may not release a person whom they arrest for driving under . . . breath-alcohol level was less than 0.05; or (c) until eight hours elapsed from the time of the arrest. § 316.193 . . . other officers and charged with DUI, he would have received the benefit of the protections of section 316.193 . . .

WHEELER, v. STATE, 87 So. 3d 5 (Fla. Dist. Ct. App. 2012)

. . . . § 316.193(3)(c)3.a., Fla. Stat. (2008). . . .

McCOSKEY, v. STATE, 76 So. 3d 1012 (Fla. Dist. Ct. App. 2011)

. . . See § 316.193, Fla. Stat. (2010). . . .

AGUILAR, v. ATTORNEY GENERAL OF UNITED STATES,, 663 F.3d 692 (3d Cir. 2011)

. . . . § 316.193(3)(c)(2)). . . . .

HYDEN, v. STATE, 117 So. 3d 1 (Fla. Dist. Ct. App. 2011)

. . . The plain language of section 316.193(2)(b)(3), Florida Statutes (2008), provides that any person who . . . See § 316.193, Fla. Stat. (1983). Indeed, Mr. . . . See § 316.193(2)(b)(3), Fla. Stat. (2008). . . . The use of previous convictions for DUI from other states is expressly permitted in section 316.193; . . . Section 316.193(2)(b)(3), Florida Statutes (2008), provides that a fourth conviction for a DUI misdemeanor . . .

DOWNS, v. UNITED STATES, 833 F. Supp. 2d 1361 (S.D. Fla. 2011)

. . . . § 316.193. . . . .

FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. HERNANDEZ, v., 74 So. 3d 1070 (Fla. 2011)

. . . review the issue of whether the license holder “was placed under lawful arrest for a violation of s. 316.193 . . . hearing officer to consider whether the suspension was incident to a “lawful arrest for a violation of s. 316.193 . . . on the ground that the license holder had not been “placed under lawful arrest for a violation of s. 316.193 . . . without regard to whether the suspension was incident to a lawful arrest for a violation of section 316.193 . . . license when the license holder has not been subjected to a lawful arrest for a violation of section 316.193 . . . the additional issue of “[w]hether the person was placed under lawful arrest for a violation of s. 316.193 . . .

STATE v. G. GEISS,, 70 So. 3d 642 (Fla. Dist. Ct. App. 2011)

. . . further alleged that “[s]aid property was used to commit the offense [of DUI] ... a violation of section 316.193 . . . Geiss, causing impairment, in violation of sections 316.193(1)(a) or 316.193(1)(b), Florida State Statutes . . .

SUGGS, Jr. v. STATE, 72 So. 3d 145 (Fla. Dist. Ct. App. 2011)

. . . deaths in a single DUI-related crash allowed for multiple convictions for DUI manslaughter under section 316.193 . . . driving under the influence, “causes or contributes to causing ... the death of any human being.” § 316.193 . . . The court held that Grappin’s “a/any” test did not preclude multiple convictions under section 316.193 . . .

SHIVELY, v. STATE, 61 So. 3d 484 (Fla. Dist. Ct. App. 2011)

. . . See §§ 316.193(1), (4), 322.34(2)(a), 893.13(6)(a), Fla. Stat. (2008). . . .

STATE v. FITZGERALD,, 63 So. 3d 75 (Fla. Dist. Ct. App. 2011)

. . . She was charged with driving under the influence, a third-degree felony pursuant to section 316.193(2 . . . tests revealed alcohol levels of .201 and .218, which exceeded the .08 threshold established by section 316.193 . . . Section 316.193(1) makes it a crime for a person to be “driving or in actual physical control of a vehicle . . .