Jordan R. Wagner | October 14, 2026 | Florida Law
DUI, DWI, and DWAI are all terms used for impaired driving, but their meanings vary by state. Florida uses DUI, or driving under the influence, rather than separate DWI or DWAI charges.
Here’s how these offenses differ, what Florida law requires, and what happens when an impaired driver causes an accident.
The Short Answer: Florida Only Has DUI, Not DWI or DWAI
In Florida, DUI is the legal term for driving under the influence of alcohol or certain drugs. Although you might hear someone refer to a drunk driving arrest as a DWI, that’s not the terminology Florida law uses.
The three terms have slightly different meanings:
- DUI (Driving Under the Influence): The term Florida uses for driving or being in actual physical control of a vehicle while impaired by alcohol or certain substances, or while having an unlawful alcohol level.
- DWI (Driving While Intoxicated): A term used in states such as Texas to describe certain impaired driving offenses.
- DWAI (Driving While Ability Impaired): A term used in states such as New York for certain offenses involving alcohol or drug impairment.
The biggest difference is that Florida doesn’t divide impaired driving offenses into these separate categories. Instead, the state uses one primary DUI statute that covers several situations.
That doesn’t mean every DUI carries the same consequences. Penalties can vary considerably depending on the driver’s history and the circumstances surrounding the arrest.
How Do DWI and DWAI Differ in Other States?
Texas primarily uses DWI for driving while intoxicated. New York distinguishes between DWI and DWAI, with alcohol-related DWAI generally involving a lower degree of impairment than DWI.
Florida does not use these separate offense names. Instead, Florida Statutes § 316.193 addresses impaired driving under its DUI law.
What Florida’s DUI Statute Actually Covers
Under Florida Statutes Section 316.193, a person can be charged with DUI when driving or in actual physical control of a vehicle, and one of the following conditions applies:
- Alcohol impairment: The driver has consumed enough alcohol to impair their normal faculties, such as judgment, coordination, or reaction time.
- Drug impairment: The driver’s normal faculties are impaired by a covered chemical substance or controlled substance.
- An unlawful alcohol level: The driver’s blood-alcohol or breath-alcohol level is 0.08 or higher under the measurements specified by law.
A person doesn’t necessarily have to be driving when police encounter them. Under Florida law, DUI can also apply to someone in actual physical control of a vehicle, depending on the circumstances.
Can You Get a DUI in Florida With a BAC Below 0.08%?
Yes. This is one of the most common misconceptions about DUI laws.
Many drivers assume that staying below a blood-alcohol concentration (BAC) of 0.08% means they cannot be charged with DUI. However, Florida law doesn’t work that way.
A driver can still face charges if alcohol has impaired their normal faculties, even when their BAC is below the legal limit.
What Are the Penalties for DUI in Florida?
The consequences of a DUI conviction depend on several factors, including whether the driver has previous convictions and whether anyone was injured.
Depending on the circumstances, a DUI conviction can result in fines, probation, jail time, and driver’s license consequences. DUI education requirements and ignition interlock devices may also apply.
Repeat offenses and crashes involving serious injuries or deaths can lead to more severe criminal penalties.
What if You’re Injured by a Drunk Driver in Florida?
If an impaired driver causes a crash, you may have grounds for a personal injury claim. A criminal DUI conviction is not required to pursue compensation. Instead, you generally must show that the driver acted negligently and caused your injuries.
Evidence such as police reports, witness statements, medical records, and test results may help support your case.
Kibbey Wagner Injury & Car Accident Lawyers brings 80 years of combined experience and has recovered more than $500 million for clients. Our attorneys can investigate the crash, assess your losses, and help you seek compensation.
Contact the Florida Personal Injury Lawyers at Kibbey Wagner Injury & Car Accident Lawyers for Help
An accident involving an impaired driver can leave you facing serious injuries, medical bills, and lost income. You deserve to understand your legal options and who may be responsible for your losses.
At Kibbey Wagner Injury & Car Accident Lawyers, our team can investigate the crash, gather evidence, and help you pursue compensation from those responsible.
Contact our Florida personal injury lawyers today at (772) 444-7000 for a free consultation.
Kibbey Wagner Injury & Car Accident Lawyers Stuart
73 SW Flagler Ave
Stuart, FL 34994
(772) 444-7000
Kibbey Wagner Injury & Car Accident Lawyers Port St. Lucie
1100 SW St. Lucie West Blvd. Ste 208
Port St Lucie, FL 34986
(772) 247-3374
Kibbey Wagner Injury & Car Accident Lawyers Palm Beach Gardens
300 Ave of the Champions Ste 170
Palm Beach Gardens, FL 33418
(561) 944-4000
