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DUI vs DWI: What's The Difference?

DUI vs DWI

DUI vs DWI in the State of Florida - It's the same thing.


In the state of Florida, driving while intoxicated, or DWI, is used interchangeably with the term driving under the influence, or DUI. Although other states have different penalties for DWI and DUI, the state of Florida does not make a distinction between the two.



Florida doesn't use the term "DWI". Instead, the legal term is "DUI", which stands for "driving under the influence". This term refers to driving a vehicle while impaired by alcohol, drugs, or both. DUI laws apply to driving a vehicle or riding a bicycle. Driving a boat while impaired is called BUI. 


DUI penalties in Florida depend on the circumstances and the state is responsible for proving you were in control of the vehicle and were impaired. Field sobriety tests, breathalyzers, and blood tests are most commonly used to determine impairment.

BWI in Florida

Boating Under the Influence "BUI" or Drunk Boating in Florida


Boating under the influence (BUI) is also serious charge in Florida. It's illegal to operate a boat while under the influence of drugs or alcohol, or if your blood alcohol concentration (BAC) is 0.08% or higher. You can also be arrested for BUI if an officer suspects that your normal faculties are impaired due to intoxication or drug impairment. 


Minors aged 20 or younger face stricter BUI laws. A person under the age of 21 found operating a boat with any amount of alcohol in their system will receive a citation under Florida's zero-tolerance rules. 


A first time BUI must also perform 50 hours of community service, and cannot “buy-out” his time. Judges are forbidden to accept a plea to a lesser offense from a person charged with a serious BUI offense.


An arrest for boating under the influence or drunk boating (BUI) in Florida can lead to a criminal record, probation, possible incarceration, fines, court costs, community service, alcohol courses, and your boat could even be impounded.


A conviction for boating under the influence will NOT result in a driver’s license suspension or revocation of the privileges to drive a motor vehicle but it is important to note that any prior DUI or BUI conviction counts as a prior for any subsequent DUI or BUI. This means if you are later arrested for DUI, a BUI conviction will count the same as a prior DUI for enhancement purposes



If you or someone you know has been charged with a DUI in Florida, contact Lakeland DUI Lawyer Mark McMann for experienced legal representation. We will guide you through the legal process and fight for the best possible outcome.



 Mark D. McMann
McMann, P.A.
1700 South Florida Ave.
Lakeland, Florida 33803
863-393-9010
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