Florida’s criminal impaired-driving offense is called DUI. “DWI” is a term used in some other states, but it is not a separate Florida charge.
Under Florida Statutes § 316.193, a person can be charged with driving under the influence while driving or in actual physical control of a vehicle in Florida if alcohol, certain chemical substances, or controlled substances impair normal faculties, or if a lawful blood- or breath-alcohol measure reaches 0.08 or higher. The statute supplies different ways to prove DUI; it does not create a separate Florida “DWI” offense.
Can a driver face DUI below 0.08?
Yes. The state may seek to prove impairment of normal faculties even when an alcohol reading is below 0.08. A test result is one part of a case, and the circumstances of driving, observations, testing procedure, and other evidence may be disputed. Conversely, a reading at or above 0.08 can support a DUI charge under the statutory alcohol-level provision. Specific defenses depend on the evidence.
What about drivers under 21?
Florida Statutes § 322.2616 provides an administrative license suspension for a person under 21 who drives or is in actual physical control with a blood- or breath-alcohol level of 0.02 or higher. That threshold is not “any measurable alcohol,” and an administrative suspension under this provision is distinct from a criminal DUI conviction. A first suspension under the provision is generally six months; repeat circumstances differ. A driver may have time-sensitive review rights.
What can follow a DUI charge?
Penalties depend on prior offenses, alcohol level, injury, and other facts. Criminal court consequences and driver’s license proceedings can move on separate tracks. If you receive a citation, arrest paperwork, or a suspension notice, preserve the documents and promptly ask counsel about both proceedings and their deadlines.
This is general information, not legal advice. The applicable law and options depend on the facts and date of the incident.
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