DUI vs DWI in Florida: Which One Applies to Your Case

In Florida, the charge is always DUI. Florida has no separate DWI statute; DWI is an older term, or one used elsewhere, and an impaired driving arrest here is charged as DUI under F.S. 316.193.

Why Florida uses only the term DUI

Driving under the influence is charged under a single statute in Florida, F.S. 316.193. There is no separate driving while intoxicated statute, so a Florida case is not a DWI case no matter what someone calls it in conversation.

The term DWI survives for two reasons. It is an older phrase that some people still use, and some other states use it, or other names, for their own impaired driving laws. Those labels come from how each state wrote its statute; they do not describe a different crime in Florida.

What the single Florida statute covers

Because Florida has one charge, that statute does a lot of work. A DUI can rest on impairment of normal faculties, or on a breath or blood alcohol level of 0.08 or higher. The state can rely on either one.

The impairment does not have to come from alcohol. It can come from a chemical or controlled substance, including medication. Lower alcohol limits apply to some drivers: 0.04 for commercial drivers and 0.02 for drivers under 21.

When the DWI label still matters

The difference in names becomes relevant when someone has an earlier conviction from another state where the charge was called DWI or something else. Florida's repeat offense penalties depend on prior convictions and their dates, so how an out of state record fits into a Florida case is something a lawyer would need to examine using the actual documents.

It also matters for drivers from other states who are arrested here. Their case is prosecuted as a DUI in the Florida county where the arrest happened, and a Florida suspension can be reported to their home state, which applies its own rules and terminology.

Related charges that are not DUI

Some impaired operation charges sit outside the DUI statute. Operating a boat while impaired is boating under the influence, charged under F.S. 327.35 using the same 0.08 or normal faculties standard. And depending on the evidence, a DUI case is sometimes resolved as a lesser charge such as reckless driving, although that is never automatic.

So the answer to which label applies is straightforward: on Florida roads, an impaired driving charge is a DUI. DUI Lawyers Shield Firm can explain how that statute applies to specific facts in a free case review.

Keep reading

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

FAQ

No. Florida does not have a DWI charge, so there is nothing to compare. Seriousness in Florida depends on factors inside the DUI statute, such as prior convictions, an alcohol level of 0.15 or higher, a minor in the vehicle, or injury or death to another person.

A Florida conviction is recorded as DUI because that is the only impaired driving charge under Florida law. It stays on the Florida driving record for 75 years and cannot be sealed or expunged. How another state describes it in its own records is up to that state.

It can matter, but the answer depends on the specific out of state law and the record of that conviction. Because Florida's penalties for a second, third or fourth DUI turn on how many prior convictions a person has and when they occurred, any earlier conviction from another state deserves a close look by a lawyer.

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