August 25, 2025 | DUI
Impaired driving laws can be confusing because different states use different terms for similar offenses. You may have heard of DUI, DWI, or DWAI, but the meaning of each depends on where you live. Florida, for example, uses “DUI,” while other states may use “DWI” or “DWAI” to describe related but distinct charges. These differences are important to understand, especially if you are ever involved in a DUI accident, since penalties can vary widely depending on the state.
What Is a DUI?
DUI stands for “Driving Under the Influence.” In Florida, this term applies when someone operates a vehicle while under the influence of alcohol, drugs, or a combination of both.
A driver can be charged with DUI if their blood alcohol concentration (BAC) is 0.08% or higher. However, even if your BAC is lower, you can still face charges if law enforcement believes alcohol or drugs impaired your ability to drive safely.
Florida takes DUI offenses seriously, and penalties can escalate depending on whether it’s your first offense or if there were aggravating factors like injuries or children in the car.
What Is a DWI?
DWI usually stands for “Driving While Intoxicated” or “Driving While Impaired.” Some states treat DWI and DUI as separate charges, with DWI often linked to higher levels of intoxication. Other states use the terms interchangeably.
While Florida doesn’t use “DWI” as a legal term, you might hear it in national discussions or in states like Texas or New York. It’s important to remember that in Florida, any impaired driving offense will be prosecuted as a DUI, regardless of terminology.
What Is a DWAI?
DWAI stands for “Driving While Ability Impaired.” It’s less common and is used in only a few states, including New York and Colorado. A DWAI charge typically applies when a driver is impaired to a noticeable degree but not necessarily over the legal BAC limit.
For instance, in New York, a driver with a BAC between 0.05% and 0.07% may face a DWAI charge. Although it’s seen as less severe than DUI or DWI, a DWAI can still lead to fines, points on your license, and even jail time. Florida law does not use DWAI—here, impaired driving falls under DUI.
Penalties for a DUI in Florida
Florida’s DUI penalties depend on the circumstances of the offense and the number of prior convictions.
Common penalties include:
- Jail time ranging from a few days to several months
- Fines of several hundred to several thousand dollars
- Driver’s license suspension or revocation
- Installation of an ignition interlock device (IID)
- Mandatory substance abuse treatment or education programs
Even a first-time offense can have lasting consequences, and repeat convictions carry harsher penalties. These penalties are designed to deter impaired driving and protect public safety.
As you can see, the cost of a DUI goes far beyond fines—it can affect your freedom, finances, and future.
Factors That Can Increase DUI Penalties
Certain circumstances can make DUI penalties more severe.
These may include:
- Having a BAC of 0.15% or higher
- Driving with a minor in the vehicle
- Causing an accident that results in injury or death
- Prior DUI convictions within the past 10 years
Each of these factors can raise the stakes significantly, leading to longer jail time, higher fines, and stricter probation terms.
It’s important to know these aggravating factors so you understand the risks of impaired driving.
Why Do Different States Use Different Terms?
The difference between DUI, DWI, and DWAI is largely a matter of state law. Some states keep DUI and DWI separate to distinguish between alcohol-related and drug-related charges. Others, like Florida, simplify things by using DUI as a catch-all term for any impaired driving case.
This variation can create confusion, especially for drivers who travel across state lines. What counts as a DWAI in one state might be charged as a DUI in another. Always check your state’s specific laws to avoid misunderstandings.
How DUI, DWI, and DWAI Affect Your Record
Regardless of the name, all impaired driving charges can have lasting effects on your life. These offenses often appear on your criminal record and driving history. They can raise your insurance rates, limit your job opportunities, and make it harder to secure professional licenses.
In Florida, a DUI conviction remains on your driving record for 75 years. That means it can follow you for nearly a lifetime, impacting both personal and professional aspects of your future.
Contact the St. Petersburg DUI Accident Lawyers at Graves Thomas Rotunda Injury Law Group for Help Today
If you or a loved one has been injured in an accident involving a drunk or drug-impaired driver, you don’t have to face the aftermath alone. At Graves Thomas Rotunda Injury Law Group, we understand the serious consequences of DUI-related crashes and are committed to holding negligent drivers accountable.
Our St. Petersburg DUI accident lawyers will fight to recover compensation for your medical expenses, lost income, pain and suffering, and more. Call us today to schedule your free consultation and learn how we can help protect your rights and secure your future.
Graves Thomas Rotunda Injury Law Group – St. Petersburg
200 Central Ave Suite 304
St. Petersburg, FL 33701
(772) 569-8155
Graves Thomas Rotunda Injury Law Group – Port St. Lucie
10805 SW Tradition Square Unit 024A
Port St. Lucie, FL 34987
(772) 677-0373
Graves Thomas Rotunda Injury Law Group – Vero Beach
2651 20th St
Vero Beach, FL 32960
(772) 758-1966
