If you've been charged with driving under the influence in Florida, you might be wondering about the difference between DUI and DWI. As an experienced criminal defense attorney practicing in Florida for over 20 years, we often get questions about these terms and what they mean for our clients.

Many people are surprised to learn that Florida doesn't have a DWI statute at all. Instead, Florida operates under Chapter 316.193, which exclusively uses the term DUI (driving under the influence) for cases involving alcohol, chemicals, or controlled substances. 

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Understanding DUI vs DWI

person blowing in breathalyzer | Florida DUI defense lawyer

While DUI and DWI essentially refer to the same offense, the terminology varies by state. Currently, only eight states use the term DWI (driving while intoxicated):

  • New York 
  • New Jersey 
  • Texas 
  • Minnesota 
  • Missouri 
  • New Hampshire 
  • New Mexico 
  • North Carolina 

Interestingly, some states like New York have additional classifications. New York uses DWAI (driving while ability impaired) for cases where blood alcohol content falls between 0.05 and 0.08. 

How Florida Handles DUI Cases

In Florida, we handle these cases differently. While you can still be charged with a DUI when your blood alcohol content is between 0.05 and 0.08, there's no automatic presumption of being under the influence as there would be if you blew over 0.08. This is an important distinction that can affect how your case is handled in court.

What To Do If You're Charged with DUI in Florida

If you've been charged with a DUI in Florida, whether you're a resident or an out-of-state visitor, it's crucial to understand your rights and options. The consequences of a DUI conviction can be severe, potentially affecting your:
  • Driving privileges
  • Employment opportunities
  • Insurance rates
  • Personal freedom

Consult With Our Palm Beach Gardens DUI Attorney 

At The Law Offices of Matthew Konecky, we have extensive experience defending DUI cases throughout Palm Beach and Broward Counties. Whether you're a Florida resident or were arrested while on vacation, we can help you understand your options and build a strong defense.

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For more detailed information about DUI laws in Florida, you can download our FREE guide, "What You Must Know About Your DUI Before You Do Anything," from our website. Or, if you prefer to discuss your case directly, contact us at (561) 671-5995 to schedule a consultation with an experienced DUI defense attorney. 

Don't let a DUI charge derail your life or vacation. Contact us today to learn how we can help protect your rights and fight for the best possible outcome in your case.

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