{"id":8709,"date":"2026-10-28T04:13:33","date_gmt":"2026-10-28T04:13:33","guid":{"rendered":"https:\/\/patrickwilsonlaw.com\/resources\/dui-defense-attorney\/what-are-the-requirements-for-a-dui-charge-in-florida\/"},"modified":"2026-10-28T04:14:29","modified_gmt":"2026-10-28T04:14:29","slug":"what-are-the-requirements-for-a-dui-charge-in-florida","status":"publish","type":"page","link":"https:\/\/patrickwilsonlaw.com\/resources\/dui-defense-attorney\/what-are-the-requirements-for-a-dui-charge-in-florida\/","title":{"rendered":"DUI Charge Requirements in Florida | Miami Lawyer"},"content":{"rendered":"\n
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DUI Defense | Miami, Miami-Dade & Broward<\/p>

DUI Charge Requirements in Florida: What the State Must Prove<\/h1>

A plain-English guide from Patrick Wilson Law, a Miami criminal defense firm that handles DUI charges across South Florida, from Broward County to the Keys.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Patrick David Wilson \u00b7 Published October 28, 2026<\/p>\n\n

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Short Answer: What Florida Prosecutors Must Show for a DUI<\/h2>\n

The State must show the person drove or was in actual physical control of a vehicle. It must also show either impairment or an alcohol level at or above the legal limit. The core offense is set out in Fla. Stat. \u00a7 316.193<\/a>.<\/p>\n

This page answers the question of what the requirements for a DUI charge in Florida are, one part at a time. It follows the order a prosecutor would use to argue the case. It also covers testing rules, how the charge level changes, and what usually comes next.<\/p>\n

The same statute applies across the state. That means a stop in Miami-Dade, Broward, or the Florida Keys runs under the same core rules. The details, though, always turn on the facts of the stop.<\/p>\n\n

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If a DUI arrest has you worried about your license or your job, our team can talk through what comes next, with a free, confidential first consultation and no obligation to continue. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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Element One: Driving or Actual Physical Control of a Vehicle<\/h2>\n

The State must prove the person was driving or in actual physical control of a vehicle. The statute applies to a person who “is driving or in actual physical control of a vehicle within this state.” Being near a car is not the same as being in control of it.<\/p>\n

Prosecutors look at where the keys were, whether the engine was running, where the car was parked, and whether the driver could have moved it.<\/p>\n

The evidence usually comes from the officer’s account. It includes what the officer saw, where the vehicle was, and what the driver said and did. Witness statements and video from the scene can also matter.<\/p>\n

A common mistake is to assume that no driving means no case. That assumption can be wrong. The facts of the stop decide whether this element is in dispute.<\/p>\n

Element Two: Impairment or the Legal Alcohol Level<\/h2>\n

Under Fla. Stat. \u00a7 316.193<\/a>, the impairment element applies when the person is affected to the extent that the person’s normal faculties are impaired. It can show impairment, meaning the driver was affected to the extent that normal faculties were impaired. It can also show a breath or blood alcohol level of 0.08 or higher.<\/p>\n

Normal faculties include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive, make judgments, and act in emergencies, and in general to normally perform the many mental and physical acts of daily life, as described in Fla. Stat. \u00a7 316.1934<\/a>. Impairment evidence often includes the officer’s observations, the driver’s speech and balance, field sobriety exercises, and the way the car was driven.<\/p>\n

The same statute sets presumptions tied to test results. A level of 0.05 or less creates a presumption that the person was not impaired. A level above 0.05 but below 0.08 creates no presumption either way. It can still be weighed with other evidence. Under Fla. Stat. \u00a7 316.1934<\/a>, the amount of alcohol in a person’s blood or breath at the time alleged gives rise to presumptions about whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.<\/p>\n

Drivers under 21 face a lower line. Under Fla. Stat. \u00a7 322.2616<\/a>, it is unlawful for a person under 21 with a blood or breath alcohol level of 0.02 or higher to drive. The statute says this applies notwithstanding the general DUI statute.<\/p>\n

Chemical Testing and Implied Consent in Florida<\/h2>\n

Florida’s implied consent law treats a driver as agreeing to certain chemical tests after a lawful arrest. The statute describes a urine test, and other testing rules, in Fla. Stat. \u00a7 316.1932<\/a>. The officer must also tell the driver what refusing will cost.<\/p>\n

A refusal has its own consequences. A second or later refusal is a first-degree misdemeanor.<\/p>\n

The license process runs separately from the criminal case. The officer then forwards the paperwork to the state within 5 days. The Florida Department of Highway Safety and Motor Vehicles<\/a> explains the administrative suspension process.<\/p>\n

The statute says the outcome of a related criminal proceeding does not affect a suspension for refusal to submit to a test under Fla. Stat. \u00a7 322.2615<\/a>. A driver can face license action and a criminal case at the same time. Test methods and timing are often central facts, so the paperwork matters.<\/p>\n

How the Charge Level Changes: Misdemeanor, Felony, and Prior Offenses<\/h2>\n

The charge changes when a crash causes serious bodily injury. Under Fla. Stat. \u00a7 316.193<\/a>, DUI causing serious bodily injury to another is a third-degree felony.<\/p>\n

Penalty ceilings depend on the grade of the offense. A first-degree misdemeanor carries a fine of up to $1,000. Fla. Stat. \u00a7 775.083<\/a> sets the limits on fines for designated crimes. Those limits include $5,000 when the conviction is of a felony of the third degree. They also include any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.<\/p>\n

Prior convictions also raise the stakes. Under Fla. Stat. \u00a7 316.193<\/a>, a third DUI within 10 years of a prior conviction is a third-degree felony, and the court must order an ignition interlock device for not less than 2 years.<\/p>\n

The exact charge depends on the facts and the record of the person charged. A prior record from another state can matter as much as the events of the stop.<\/p>\n

Penalties and Requirements That Often Follow a Florida DUI<\/h2>\n

A first DUI conviction can bring probation, community service, and a vehicle hold. The court must order at least 50 hours of public service or community work.<\/p>\n

The total of probation and jail may not exceed 1 year, under the same section. The court can also order an ignition interlock device. Under Fla. Stat. \u00a7 316.1937<\/a>, the court may require the device for at least 6 continuous months.<\/p>\n

The Florida Department of Transportation<\/a> describes the wider range of DUI penalties, including DUI school and possible jail. Many people miss a DUI program deadline because they assume the license will sort itself out. Calendar every requirement the moment you get it.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

How Long a DUI Case Takes and When the Clock Starts<\/h2>\n

A DUI case starts with the arrest and the first court appearance. The full case can take months, and the length varies widely.<\/p>\n

At that first appearance, the judge must tell the person the charge. The judge must also explain the right to a lawyer.<\/p>\n

A charge can be filed after the stop, and the timing depends on the investigation and the prosecutor’s decisions. The license clock runs on its own track. The 10-day temporary permit is short, so it needs attention right away.<\/p>\n

Keep every record from the stop. That includes the notice of suspension, the temporary permit, the citation, and all court dates. These papers help you and your lawyer track deadlines.<\/p>\n

Questions Readers Ask About DUI Requirements<\/h2>\n
Will 3 beers get you a DUI in Florida?<\/summary>

The State must prove impairment, or a breath or blood level of 0.08 or higher. Drivers under 21 face a 0.02 line.<\/p><\/details>

What does DUI mean in Florida?<\/summary>

DUI stands for driving under the influence. The offense is defined in Fla. Stat. \u00a7 316.193<\/a>.<\/p><\/details>

How long after an accident can you be charged with DUI?<\/summary>

A charge can follow an investigation that happens after a crash. The timing depends on that investigation and the prosecutor’s filing decisions. For the wider picture, see our DUI defense page.<\/p><\/details>\n\n

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Talking Through Your Situation With Patrick Wilson Law<\/h2>\n

If you are facing a DUI charge, you may be worried about your license, your job, or a professional license. You may also be trying to help a family member or friend who was stopped. That is a hard position to be in, and you do not have to sort out every question at once.<\/p>\n

One decision often comes first. Should you speak with a lawyer before the first court date? Questions about a test refusal or an ignition interlock order can also shape the next steps.<\/p>\n

Patrick Wilson Law, PLLC is a Miami criminal defense firm. It handles DUI and related cases across South Florida, including Miami-Dade County, Broward County, Fort Lauderdale, Miami Beach, Hialeah, Kendall, Homestead, and the Florida Keys. Patrick David Wilson is the lawyer responsible for this page.<\/p>\n

To talk through your situation, call 786-761-1719 or leave a message through our contact page<\/a>. The first consultation is free, confidential, and carries no obligation to continue.<\/p>\n\n<\/article>\n