Understanding Florida Statute 316.193

florida statute 316.193

Florida statute 316.193 stipulates the consequences of being convicted for driving under the influence. A conviction can negatively affect your driving privileges to the point that you lose them for several years. For this reason, it's imperative that you contact a Florida defense attorney immediately if you're the subject of an arrest for DUI.

Following are the three main ways your driving privileges can be impacted if you receive a DUI conviction.

Impoundment Of Your Vehicle

Statute 316.193 specifies that your vehicle will be impounded for a minimum of 10 days unless your family has no other means of transportation. If you're convicted a second time within five years, your vehicle will be impounded for 30 days. A third conviction within 10 years will result in a 90-day impoundment.

Confiscation of your vehicle will obviously prevent you from driving it.

Driver's License Suspension/Revocation

If you refuse to take a sobriety test, your driver's license, along with your driving privileges, can be suspended for up to 12 months. Following a first-time DUI conviction, your license can be revoked for a minimum of six months (12 months maximum).

If you receive a second conviction within five years, your license will be revoked for a minimum of five years. A third conviction within 10 years results in minimum 10-year license revocation.

This is arguably worse than vehicle confiscation if only because the length of time is much greater. Without a driver's license, you cannot legally drive. You risk further penalties if you're caught doing so.


The most serious consequence of driving under the influence – and one that an experienced DUI attorney can help you to avoid – is imprisonment. According to Florida statute 316.193, a first-time conviction can result in up to six months in prison.

A second conviction can result in up to nine months, and a third conviction can result in up to 12 months.

The decision to send you to prison for an extended period is left to the court's discretion. Having said that, if you receive a second DUI conviction within five years, you'll be required to spend at least 10 days in prison. If you receive a third DUI conviction within 10 years, you'll be required to spend a minimum of 30 days in prison.

There are other consequences of a DUI. For example, your insurance rates will increase, you'll need to put in 50 hours of community service (for a first offense), and you'll be required to pay large fines. But the three consequences highlighted above are the ones that'll have the biggest impact on your driving privileges.

If you're arrested for driving under the influence, immediately contact an experienced Orlando DUI attorney. Doing so will not only help you to retain your driving privileges but also your freedom.

Our Florida DUI Defense Attorneys Can Help

The Florida DUI defense attorneys at Skubiak & Rivas have helped thousands of clients avoid life-impacting penalties after being pulled over for DUI. If you were recently arrested for driving under the influence, call 407-894-4449 or complete the form on this page to schedule a free consultation. We're prepared to aggressively defend your right to drive.

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