Fla. Stat. § 316.193(3)

Florida DUI — Property
Damage or Injury

The moment a DUI involves someone else’s property or body, the charge changes character. Here is how the statute escalates it — and where the felony line sits.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

A Realistic Scenario

Leaving an event in Jensen Beach, you misjudge a stop and tap the car ahead of you. No one seems hurt, but the other driver later reports neck pain. What might have been a standard DUI is now charged as a DUI with injury — and depending on how serious that injury is, it may be a felony.

How the Statute Escalates

Section 316.193(3) tiers the offense by the harm caused:

The Governing Statute
Fla. Stat. § 316.193(3) — DUI Causing Damage or Injury
"Any person … who by reason of such operation causes … [d]amage to the property or person of another commits a first degree misdemeanor; … [s]erious bodily injury to another commits a felony of the third degree."
Read the full statute on Online Sunshine →

Property damage or minor (non-serious) injury is a first-degree misdemeanor. Serious bodily injury — a defined legal term involving substantial risk of death, disfigurement, or long-term impairment — elevates it to a third-degree felony. Whether an injury is "serious" under the statute is frequently the central fight in these cases.

The Actual Penalties

DUI Damage / Injury — Statutory Penalties
Property damage or minor injury (first-degree misdemeanor): up to 1 year in jail, up to $1,000 fine.

Serious bodily injury (third-degree felony): up to 5 years in prison, up to $5,000 fine, and a felony record.

Both carry license consequences, and the base DUI penalties still apply on top.

What a Defense Attorney Looks For

  • Causation. The State must prove the DUI caused the damage or injury — not merely that both happened.
  • The "serious bodily injury" line. Whether an injury legally qualifies as serious can be the difference between misdemeanor and felony.
  • The stop, testing, and impairment proof — every element of the underlying DUI must still be proven.

Frequently Asked Questions

Is DUI with property damage a felony in Florida?
No. Under § 316.193(3), DUI causing property damage or minor injury is a first-degree misdemeanor. It becomes a third-degree felony only when it causes serious bodily injury.
What counts as serious bodily injury in a Florida DUI?
Serious bodily injury generally means an injury creating a substantial risk of death, serious disfigurement, or protracted loss or impairment of a body function. Whether an injury qualifies is often contested.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 316.193(3) for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.