As a criminal law attorney in Miami, Florida, I often receive questions from clients about DUI and DWI. While these two terms are often used interchangeably, they actually refer to different offenses under Florida law.
DUI, or driving under the influence, is defined in Florida Statute 316.193 as operating a vehicle while under the influence of alcohol, drugs, or any combination of the two to the extent that one’s normal faculties are impaired. This means that even if your blood alcohol concentration (BAC) is below the legal limit of 0.08%, you can still be charged with a DUI if you are impaired to the point that you cannot safely operate a vehicle.
DWI, or driving while intoxicated, is not a specific offense under Florida law. Instead, it is a term that is commonly used in other states to refer to similar offenses. In Florida, the closest equivalent to a DWI is a DUI with a BAC of 0.08% or higher, which is also known as a “per se” DUI.
Florida Statute 316.193 sets out the penalties for a DUI conviction, which can include fines, license suspension, mandatory community service, and even jail time for repeat offenders. The penalties for a per se DUI with a BAC of 0.08% or higher are the same as those for a regular DUI.
It is important to note that Florida has a zero-tolerance policy for drivers under the age of 21 who are found to have any measurable amount of alcohol in their system. Under Florida Statute 322.2616, a driver under the age of 21 who is found to have a BAC of 0.02% or higher can have their license suspended for up to six months, even if they are not charged with a DUI.
In addition to the legal penalties, a DUI conviction can also have significant social and financial consequences. You may lose your job, have difficulty finding employment in the future, and face higher insurance rates. That’s why it’s important to consult with an experienced criminal law attorney if you have been charged with a DUI or per se DUI in Miami, Florida.
In conclusion, the main difference between DUI and DWI is that DUI refers to driving under the influence of alcohol, drugs, or a combination of the two to the extent that one’s normal faculties are impaired, while DWI is not a specific offense under Florida law. If you have been charged with a DUI or per se DUI, it’s important to seek legal representation to protect your rights and minimize the potential consequences of a conviction.
Roy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
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