What is the difference between a DWI and a DUI?

The terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated/Impaired) are both used to refer to a crime in which a person operates a motor vehicle while having a blood alcohol content (BAC) in excess of a certain amount, as determined by law. In the state of Florida, the legal BAC limit is .08%. The primary difference between a DUI and a DWI is the type of impairment considered by the law. DUI laws consider any kind of impairment or intoxication, from even just a single drink, including intoxication from drugs as well as alcohol. DWI laws, however, refer specifically to intoxication from alcohol or drugs. In both cases, a person can be charged with a DUI or a DWI if they are found to have a BAC of .08% or higher. The difference is that a DUI can be charged even if there is no evidence of alcohol consumption. In other words, a DUI can be charged if the person is determined to be “impaired” or “under the influence” even if no alcohol was consumed. The penalties for DUI and DWI offenses can vary depending on the specific facts and circumstances of the case. Generally, DUI penalties are considered to be more severe than DWI penalties, but both can carry severe consequences such as fines, jail time, and the loss of driving privileges.

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