DUI vs DWI in Florida

DUI and DWI name the same kind of offense, but Florida law uses only the term DUI, driving under the influence, defined in Florida Statute 316.193. DWI, short for driving while intoxicated, is the term states such as Texas and New York use. A DWI conviction from another state counts as a prior DUI in Florida.

Below: the difference, what a Florida DUI covers, out-of-state priors, penalties, the 10-day rule, refusal, related offenses, and the defenses The Law Offices of Robert David Malove raises in Fort Lauderdale.

What Is the Difference Between DUI and DWI?

The difference between DUI and DWI is the name each state’s statute gives the offense, not the conduct. Florida Statute 316.193 is titled “Driving under the influence; penalties,” and Florida charges impaired driving under that statute rather than as DWI.

Which states use DWI or OWI instead of DUI?

Several states use DWI or OWI instead of DUI:

• Texas: Penal Code Section 49.04 is titled “Driving While Intoxicated.”
• New York: Vehicle and Traffic Law Section 1192 separates driving while ability impaired (DWAI) from driving while intoxicated (DWI).
• Iowa: Code Section 321J.2 names the offense operating while intoxicated (OWI).

What Does DUI Mean Under Florida Statute 316.193?

DUI under Florida Statute 316.193(1) means driving or being in actual physical control of a vehicle in Florida while meeting any one of three conditions:

• Impairment: under the influence of alcohol, a chemical substance listed in Statute 877.111, or a controlled substance under Chapter 893, to the extent that normal faculties are impaired.
• Blood alcohol: 0.08 or more grams of alcohol per 100 milliliters of blood.
• Breath alcohol: 0.08 or more grams of alcohol per 210 liters of breath.

Does a Florida DUI cover drugs as well as alcohol?

A Florida DUI covers drugs as well as alcohol under Statute 316.193(1)(a). A DUI based on drugs or prescription medications is charged under the same statute and carries the same base penalties as an alcohol DUI.

Does an Out-of-State DWI Count as a Prior DUI in Florida?

An out-of-state DWI counts as a prior DUI conviction in Florida. Statute 316.193(6) treats a previous conviction outside Florida for driving while intoxicated, or any other similar alcohol-related or drug-related traffic offense, as a previous conviction under Statute 316.193. Statute 322.28(2)(a) applies the same rule to license revocation and Statute 322.2715(2) to the ignition interlock.

What Are the Penalties for a DUI in Florida?

The penalties for a DUI in Florida rise with each conviction, under Statute 316.193, Statute 322.28 for revocation, and Statutes 775.082 and 775.083 for felony maximums. The table assumes no crash, minor passenger, or 0.15 level.

A fourth conviction is a third-degree felony regardless of timing (Statute 316.193(2)(b)3) and brings permanent revocation under Statute 322.28(2)(d). Every conviction also requires monthly reporting probation and a DUI program course (Statute 316.193(5)), and a first adds 50 hours of community service (Statute 316.193(6)(a)).

What changes at a 0.15 alcohol level or with a minor in the vehicle?

An alcohol level of 0.15 or higher, or a passenger under 18, raises the penalties under Statute 316.193(4). A first conviction carries $1,000 to $2,000 and up to 9 months, a second $2,000 to $4,000 and up to 12 months, and the interlock becomes mandatory for at least 6 months on a first offense.

What Happens to Your Driver License After a Florida DUI Arrest?

A Florida DUI arrest triggers an administrative license suspension separate from the criminal case. Under Statute 322.2615(1), the officer takes the license and issues a notice of suspension and, if the driver is eligible, a 10-day temporary permit. The suspension lasts 6 months for a first result of 0.08 or higher.

What is the 10-day rule?

The 10-day rule is the deadline in Statute 322.2615(1)(b)3 to request a formal or informal review of the suspension within 10 days after the notice. The hearing officer reviews probable cause and the alcohol level (Statute 322.2615(7)). The firm’s library explains the 10-day rule for a Florida DUI charge step by step.

What happens if you refuse a breath test in Florida?

Refusing a lawful breath test in Florida leads to a license suspension and a separate criminal charge. The implied consent law, Statute 316.1932(1)(a), treats every driver as consenting to a breath test after a lawful DUI arrest.

• First refusal: a 1-year suspension (Statute 322.2615) and a second-degree misdemeanor (Statute 316.1939), up to 60 days and $500.
• Refusal after a prior refusal suspension: 18 months and a first-degree misdemeanor, up to 1 year and $1,000.

What Offenses Are Related to DUI in Florida?

Three related offenses build on the elements of Statute 316.193(1):

• Operating a vessel while impaired is boating under the influence under Statute 327.35, with the same 0.08 threshold.
• DUI with property damage or injury is a first-degree misdemeanor, or a third-degree felony with serious bodily injury (Statute 316.193(3)).
• A DUI causing a death is DUI manslaughter, a second-degree felony, or first-degree if the driver fails to render aid, with a 4-year mandatory minimum (Statute 316.193(3)(c)3).

Is a “wet reckless” plea available in Florida?

A “wet reckless” is an informal name, not a Florida statute, for a DUI reduced to reckless driving under Statute 316.192 when alcohol was involved. When the court has reasonable cause to believe alcohol or drugs contributed, Statute 316.192(5) requires a DUI program substance abuse course and evaluation.

Statute 316.656(2) bars a plea to a lesser offense when a breath or blood test showed 0.15 or more, or when the charge involves damage, injury, or death under Statute 316.193(3).

What Are the Defenses to a DUI Charge in Florida?

The defenses to a DUI charge in Florida attack the elements of Statute 316.193 or the testing rules in Statute 316.1932:

• No driving or actual physical control of the vehicle.
• No impairment. Without a 0.08 result, the State must prove normal faculties were impaired.
• Unlawful arrest. Implied consent requires a test incidental to a lawful arrest (Statute 316.1932(1)(a)).
• Unreliable breath test. The analysis must be performed substantially according to methods approved by the Florida Department of Law Enforcement (Statute 316.1932(1)(b)2).
• Unproven prior. An out-of-state conviction must be a similar offense, and driver records of a prior DUI can be rebutted (Statute 316.193(12)).

Each defense is tested against the arrest video and test records, which a Fort Lauderdale DUI lawyer reviews before any plea decision.

Why Hire The Law Offices of Robert David Malove?

Robert David Malove is a Florida Bar Board Certified Criminal Trial Lawyer who has defended felony cases in Broward, Miami-Dade, and Palm Beach Counties since 1984, including years as an Assistant Public Defender in all three. The firm’s Fort Lauderdale office is at 200 SE 9th Street, Fort Lauderdale.

A Florida DUI arrest with a breath result or refusal usually comes with a notice of suspension, so the first step is to call a Fort Lauderdale criminal defense lawyer before the 10-day review deadline passes. The review request, the video, the breath test records, and any out-of-state DWI all matter before deciding whether to seek a reduction or try the case.

Call (954) 861-0384 for a free consultation with a Fort Lauderdale DUI lawyer.

DUI vs DWI in Florida: Frequently Asked Questions

Is DWI a crime in Florida?

DWI is not a separate crime in Florida. Florida charges impaired driving as DUI under Statute 316.193, and another state’s DWI counts as a prior under Statute 316.193(6).

Can a Florida DUI end with a withheld adjudication?

A Florida DUI cannot end with a withheld adjudication. Statute 316.656(1) bars a court from suspending, deferring, or withholding adjudication of guilt or imposition of sentence for any violation of Statute 316.193.