What’s the difference between DUI and DWI in Florida? 

By Jonathan Blecher on May 29, 2024

Photo of Car Keys and Alcohol

Being arrested for a Florida DUI or DWI is terrifying. Having handcuffs slapped on you and being taken to jail is one of the worst things that can ever happen to someone. However, being arrested for drunk driving doesn’t mean you’re convicted. You are innocent until proven guilty in court. 

If you have been arrested for DUI or DWI in Florida, your future is on the line. With a skilled attorney at your side, the odds of obtaining a favorable case outcome rise dramatically. You need a Miami based lawyer for dui charges in your corner now. 

Jonathan Blecher Criminal Defense has defended over 5,000 people in his 40-year career, including many acquittals, dismissals, and reduced charges. Contact his DUI defense team today for immediate legal assistance with your DUI or DWI case. Attorney  Jonathan Blecher, P.A., has a 10.0 Superb Avvo rating and is on The National Trial Lawyers: Top 100 list. 

Florida DUI And DWI Charges 

DUI stands for ‘driving under the influence,’ while DWI stands for ‘driving while intoxicated’ or ‘driving while impaired.’ Both terms refer to the criminal offense of driving a motor vehicle in Florida while under the influence of drugs, alcohol, or controlled substances. 

In Florida, the statute that prohibits impaired driving refers to the crime as DUI. Other states use DWI to mean different things than DUI, but the correct term in Florida is DUI. The difference between DWI and DUI can become relevant if you have an out-of-state DWI conviction and are subsequently arrested for a Florida DUI. In New York State, they have DWAI (Driving While Ability Impaired) which is not a criminal violation though it may be treated as a prior DUI conviction under Florida Law.

The law says that you are guilty of DUI if you are driving or in control of the vehicle while impaired by alcohol, drugs, or controlled substances that affect your driving abilities. 

Blood Alcohol Content Rules In Florida

If your blood alcohol content (BAC) is at or above a certain threshold, you will be considered driving under the influence. If you are 21 or older, you are considered impaired if your BAC is .08% or higher. It is against Florida law for someone under 21 to have a BAC of .02% or higher. 

Florida’s Implied Consent Law

The law states that you have given implied consent to be tested for substances when driving in Florida. By having a driver’s license and driving in the state, you have given consent to a breath, urine, or blood test by law enforcement to check for impairment. 

Refusing to take a test if Florida police pull you over could result in your driver’s license being suspended. Also, you could be charged with a first-degree misdemeanor and a conviction may lead to up to one year in jail. Also, your refusal to be tested when arrested can be used against you in DUI court.

DUI And DWI Penalties 

The penalties for DUI and DWI in Florida are severe and are as follows: 

First Conviction

Up to six months in jail and a $500 to $1,000 fine. If your BAC was .15% or there was a minor in the vehicle, the fine is at least $1,000 with up to nine months in jail. The vehicle will be impounded or immobilized for 10 days. Impoundment must happen when you are not in jail. 

Second Conviction

Up to nine months in jail and a $1,000 to $2,000 fine. If your BAC was .15% or there was a minor in the vehicle, the fine is at least $1,000 with up to 12 months in jail. If your second conviction was within five years, you will be jailed for at least 10 days. Your vehicle will be impounded or immobilized for 30 days. 

Third Conviction

If the third DUI conviction is within 10 years, then at least 30 days in jail. If it’s been more than 10 years, jail time is up to 12 months. The vehicle will be impounded or immobilized for 90 days. 

Fourth Conviction 

The minimum fine is $2,000, which includes up to five years in prison. If your BAC was .15% or higher or there was a minor in the vehicle, the maximum fine is $4,000. 

Additional DUI And DWI Punishments 

If you caused a drunk driving crash with personal injury or property damage, it is a first-degree misdemeanor with up to one year in jail. If you cause serious bodily injury while under the influence, it is a third-degree felony. The maximum penalty is five years in prison and a $5,000 fine. 

If you have a commercial driver’s license (CDL), you could be disqualified for a year in the following cases: 

  • Convicted for DUI with a BAC of .04% or higher. 
  • Driving while under the influence and refusing to take a blood or breath test. 
  • Driving under the influence or in possession of controlled substances. 

You cannot obtain a hardship driver’s license if your CDL has been suspended. 

Collateral DUI And DWI Consequences 

The criminal penalties for a DUI conviction are just the beginning of your troubles. You can face other severe consequences with a drunk driving conviction: 

  • Job problems: You may have a permanent criminal record with a DUI conviction. Getting or keeping a job can be difficult. Background checks almost always turn up any DUI arrests or convictions. 
  • Education problems: Do you want to go to college? Many universities turn down students with criminal records. Qualifying for scholarships and grants is also challenging with a DUI conviction. 
  • Damaged reputation: A DUI or DWI conviction carries severe social stigma and can negatively affect your good name. Friends, family, and co-workers may shun you if they learn about your DUI conviction. 

Avoiding these negative consequences is more important than an attorney’s upfront cost. Speak to a proven Miami DUI attorney today to get started on your case. 

Photo of a Drunk Driver

Potential DUI And DWI Defenses

Being charged with DUI or DWI in Florida is scary, but there are many effective defenses. Attorney Blecher may use one or more DUI defenses to aid your case. Keep in mind that every case is unique, and speaking with a qualified DUI lawyer is always best. 

Lack Of Probable Cause

The police officer must have probable cause or reasonable suspicion that you violated the law. For example, the police officer might pull you over for speeding, weaving, running a stop light, driving too slowly, or having an expired registration. 

If your attorney can successfully argue that the police didn’t have a right to stop you, evidence against you could be inadmissible. A DUI case dismissal is possible. 

Not Following Correct Procedures For Field Sobriety Tests

Field sobriety tests (FSTs) are made to help law enforcement decide if you are under the influence of alcohol or drugs. These tests measure your coordination, balance, and ability to follow instructions. 

The standard FSTs are the walk-and-turn test, the horizontal gaze nystagmus test, and the one-leg stand test. The police must follow protocol when administering FSTs. If they don’t, the test results can be questioned. For example, law enforcement might not provide clear test instructions, administer the FSTs on uneven ground, or not allow the driver to remove their high heels. 

Improper Breathalyzer Test

Breathalyzer tests are usually relied upon in the field to estimate the level of intoxication. However, these tests can be inaccurate for the following reasons: 

  • The breathalyzer is improperly maintained or calibrated. 
  • The police officer made a mistake when administering the test. 
  • Your breath was contaminated with alcohol from mouthwash or food. 
  • A medical condition influences the breath test result, such as diabetes or acid reflux. 

How DUI Attorney Jonathan Blecher Can Help 

The consequences and costs of a Florida DUI or DWI can be severe and long-lasting. Depending on the type of DUI, you could be fined, jailed, and have your driver’s license suspended. If you are convicted of a fourth DUI, your driver’s license is revoked for good. 

Fortunately, Miami DUI attorney Jonathan Blecher can be of critical assistance. He has resolved thousands of criminal cases successfully, including many case dismissals. Attorney Blecher will prepare and file your paperwork and represent you during plea negotiations or at trial. He will work tirelessly in an attempt to get the case dismissed, probation reduced, and your driver’s license returned. Potential outcomes he will work for are: 

Case Dismissal 

In some DUI arrests, the arresting officer didn’t follow proper guidelines, which might cause a case dismissal. State and federal laws stipulate that Florida law enforcement can only stop you if they have probable cause you committed a crime or a reasonable suspicion that you broke a traffic law. 

Reduced Charges

Some defendants qualify for a reduced charge, such as a ‘wet reckless.’ This plea bargain lowers potential DUI penalties to a reckless driving charge. It’s still a conviction, but a reckless driving charge carries lighter penalties and less social stigma. 

Contact A Miami DUI Attorney Today 

Have you been charged with DUI or DWI in Miami? Prosecutors like to make examples of drunk drivers and will work tirelessly to convict you. This situation requires immediate action. You need an experienced DUI attorney to protect your rights and work for the best case outcome. Jonathan Blecher, a Criminal Defense Attorney, has an impressive DUI and DWI defense record, including many dropped cases. Contact Attorney Blecher at (786) 745-7856 for immediate legal assistance.

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