DWI vs. DUI: What’s the Difference Under Florida Law?

When it comes to impaired driving charges, many people are confused about the difference between DWI (Driving While Intoxicated) and DUI (Driving Under the Influence). Some states recognize both terms as separate offenses, while others use them interchangeably. If you’re facing charges in Florida, understanding the distinction is important so you know exactly what you’re up against.

At Endure Law Firm, PLLC in Sebring, Florida, attorney Troy Gayle helps clients navigate DUI charges and fight to protect their driving privileges and their future. Here’s what you need to know about DWI vs. DUI under Florida law.

Does Florida Recognize Both DUI and DWI?

In Florida, the law only recognizes DUI charges. While you may hear the term DWI in other states, Florida statutes do not make a distinction between the two. Instead, all cases involving impaired driving—whether due to alcohol, drugs, or a combination of substances—fall under the single offense of Driving Under the Influence (DUI).

How Florida Defines DUI

Under Florida Statute §316.193, a driver can be charged with DUI if they are:

• Operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or
• Impaired by alcohol, controlled substances, or even legally prescribed medication to the point that normal faculties are affected.

This means you don’t have to be “drunk” in the traditional sense to face DUI charges. If an officer believes your ability to drive is impaired, you could still be arrested.

Penalties for DUI in Florida

The penalties for DUI can vary depending on factors such as whether it’s a first offense, your BAC level, and whether anyone was injured. Common consequences include:

• Driver’s license suspension (months to years depending on the offense)
• Fines that increase with repeat offenses
• Mandatory DUI school and substance abuse programs
• Ignition interlock device installation for certain cases
• Jail time, particularly for repeat or aggravated offenses

These penalties highlight how seriously Florida courts treat DUI charges.

Why the DWI vs. DUI Distinction Matters

If you’re searching online or comparing laws between states, the terms DWI and DUI can cause confusion. In Florida, it’s important to remember:

• Only DUI is used in legal documents and court proceedings.
• If you were arrested in another state for DWI, it will still be treated as a DUI-equivalent offense in Florida.
• The absence of the term DWI in Florida law doesn’t make the charge less serious.

Protecting Your Rights After a DUI Arrest

Facing DUI charges in Sebring or anywhere in Florida can feel overwhelming. From losing your license to possible jail time, the consequences affect your daily life and long-term future. Working with an attorney ensures that you understand your options, challenge the state’s evidence where possible, and pursue the best possible outcome.

Take Action Today

If you’ve been arrested for DUI in Sebring or surrounding areas, don’t wait to get help. The earlier you act, the more options you may have for protecting your license and your future.

📞 Call Endure Law Firm, PLLC at 863-300-0862 to schedule a consultation and learn how we can help you move forward.