In Florida, all alcohol-related driving offenses are categorized under the DUI term, despite some states distinguishing between various DUI-related charges. Those convicted of these serious offenses face significant fines and potential jail time. Below, we’ll explore the specifics of Florida’s DUI laws and clarify the distinctions between DUI, DWI, and DWAI.
DUI vs. DWI vs. DWAI: Key Differences
It might seem that DUI, DWI, and DWAI are terms that may be used interchangeably. In some states, there are distinct differences between them, and they even carry separate legal charges. So, what do all these terms mean?
DUI
DUI means “Driving Under the Influence.” In Florida, all impaired driving charges are lumped together under the DUI offense. This law is broad, and it applies to situations of driving under the influence of alcohol, drugs, or other substances.
A person may be guilty of a DUI if they are:
- Operating a vehicle with a breath or blood alcohol content of more than 0.08%
- Operating a vehicle under the influence of alcohol or other substances such that their normal faculties are impaired
The penalties for a DUI can be quite serious, and those will be discussed later in this article.
DWI
DWI stands for “Driving While Intoxicated.” In some states, DWI and DUI charges are separate and distinct. DWI often refers to cases specifically involving alcohol, while DUI charges may involve intoxication from other substances.
In most states, the legal limit is a blood alcohol content of 0.08% or higher, although the limits are lower for those possessing a commercial driver’s license or those under the legal drinking age.
DWAI
A handful of states have a separate charge for DWAI, or Driving While Alcohol Impaired. This charge is usually the least severe of the three, and a driver could face a DWAI charge with a blood alcohol content of even less than 0.08. Florida does not have a specific DWAI charge, although drivers in Florida could still face DUI charges even if their blood alcohol content is less than 0.08.
DUI Penalties in Florida
Florida takes drunk driving very seriously, and you could find yourself facing some stiff penalties if you are convicted of a DUI offense.
For those convicted of a first DUI offense, the penalties include:
- Fines of up to $1,000
- License suspension up to 1 year
- Jail time of up to 6 months
- Community service
- Vehicle impoundment
- DUI education classes
Subsequent convictions cause the penalties to increase. Fines will increase substantially, and you may face a longer license suspension and more time in jail. Additionally, you could have a more difficult time finding employment or housing due to your criminal record. Finally, auto insurance rates may increase exponentially after a DUI conviction.
If you are driving under the influence and injure someone in a DUI accident, you may face liability in civil court for all the damages you caused. This may include both economic and non-economic damages, such as medical bills, lost wages, and pain & suffering.
What Should I Do if I’m Hurt in a DUI Accident?
If you are the victim of a DUI accident, you should first seek immediate medical treatment for any injuries.
Then, you should notify the police so they can respond to the scene. This is especially important if you suspect that the other driver is intoxicated. The police will respond to the scene to create an accident report, and they will likely arrest the other driver if they have probable cause to believe the driver was driving under the influence.
Next, gather evidence from the scene if you are able, such as photos of the vehicles and the accident site. Go ahead and notify your insurance company of the accident, but do not give a statement to the other driver’s insurance company without talking to a lawyer first. They will record your statements and attempt to use your words against you during the claims process.
Contact the Jacksonville DUI Accident Lawyers at Baggett Law Personal Injury Lawyers for Help Today
If you’ve been injured in a DUI accident, Baggett Law Personal Injury Lawyers is here to help. Schedule a free consultation with our Jacksonville DUI accident attorneys to explore your legal options. We can investigate your accident and help you maximize your financial recovery.
For more information, please contact the Jacksonville and Ponte Vedra car accident law firm of Baggett Law Personal Injury Lawyers at the location nearest to you to schedule a free consultation today.
We serve Duval County, St. Johns County, and its surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St, Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167
