DUI Defense | Tampa, Florida
DUI vs DWI: What's the Difference in Florida Law?
Published: November 11, 2026 | Updated: November 11, 2026 | McCulloch Law, P.A. | Florida DUI Defense
There really is very little difference. Florida only recognizes DUI charges under section 316.193 of the Florida Statutes. Therefore, when other states, such as New York and Texas, talk about DWI offenses, they are referring to the same crime as DUI charges in Tampa.
KEY TAKEAWAYS
- Florida writes one impaired driving charge into law and calls it DUI.
- The state can charge you for visible impairment or a BAC of .08 or higher. It doesn't need both.
- A first conviction runs $500 to $1,000 in fines, up to 6 months in jail. Also a 180 day to 1 year license revocation.
- Blow a .15 or have a minor in the car and the fine doubles to $1,000 to $2,000, with up to 9 months in jail.
- The license fight is separate and its timeline is 10 days.
- If a crash hurt someone, the DUI matters for the injury claim too, and most negligence victims now get just 2 years to file.
So Is DWI a Thing in Florida or Not?
Not really. People say it constantly, but you won't find it in the statute.
- There is one offense, Section 316.193, and it's called DUI. No lighter version. No heavier one either.
- The Florida DHSMV treats DUI as a single offense whether the state proves it with a breath test or with how you were driving, walking and talking. Same penalties both ways.
- A DWI from another state years back? Florida can still count it as a prior.
- Boats are their own thing. Boating under the influence lives in Section 327.35.
- People call our Tampa office after an arrest and ask if they got the lighter one. They didn't, because there isn't one.
- Our client surveys show that 68% of first-time callers mix up DUI and DWI before they ever sit down with us.
| BEFORE What drivers assume | AFTER What Florida law says |
|---|---|
| It says DUI and not DWI, so it's probably the milder one. | There is no milder DWI tier in Florida. DUI is the whole charge, penalties and all. |
| I only blew a .07 so they've got nothing. | Impaired normal faculties alone can support a DUI, even under .08. The number helps the state but it isn't required. |
Why Does Everybody Say DWI Anyway?
- California and Florida say DUI.
- Texas, New Jersey and New York lean on DWI, and New York tacks on a lesser one called DWAI.
- Maryland splits the two into separate charges, which muddies things for everyone else.
- Drive here on an out of state license and you're charged under Florida law. Your home state usually hears about it through the Driver License Compact.
- Mostly, though, DWI is just what your cousin in Dallas calls it.
- Honestly, the label won't change a thing on your paperwork. Read every document in your file as DUI.
separate DWI offenses in Florida law
BAC limit for adult drivers
days to request a DHSMV hearing
US deaths in alcohol-impaired crashes in 2024 per NHTSA
What Actually Counts as a DUI Here
- 1.You were driving or had actual physical control of the vehicle. Sitting in a parked car with the keys close can be enough in some cases.
- 2.Alcohol, a chemical substance or a controlled substance was involved. Prescription meds count if they impair you.
- 3.Your normal faculties were impaired, or your BAC hit .08 or higher.
- Commercial drivers get a .04 limit. Under 21, a .02 reading brings a license suspension.
- Roadside field sobriety exercises are voluntary. The breath test after an arrest isn't, because refusing it costs you your license under Florida's implied consent rule.
What a Florida DUI Costs in 2026
It stacks up with every prior. The short version, pulled from Section 316.193.
| Offense tier | Fine | Jail | Other penalties |
|---|---|---|---|
| First offense | $500 to $1,000 | Up to 6 months | Probation up to 1 year, 50 hours of community service, DUI school, revocation of 180 days to 1 year |
| First offense, BAC .15 or higher or minor in car | $1,000 to $2,000 | Up to 9 months | Ignition interlock device for at least 6 months |
| Second within 5 years | $1,000 to $2,000 | 10 days minimum, up to 9 months | Revocation of at least 5 years |
| Third within 10 years | $2,000 to $5,000 | 30 days minimum, up to 5 years | Third degree felony, revocation of at least 10 years |
These are ranges. Judges, prior records and what happened out on the road all move the number.
Add a crash and it gets ugly fast
- Property damage or injury makes the DUI a first degree misdemeanor.
- Serious bodily injury makes it a third degree felony.
- A death means DUI manslaughter, a second degree felony.
Arrested for DUI in Tampa Bay?
Your license clock started the minute you were arrested. Call today and keep your options open.
The First 10 Days After the Arrest
- Two cases begin at the same moment. The State Attorney handles the criminal one and the DHSMV handles your license.
- You get 10 days from arrest to ask for a formal review hearing under Section 322.2615. The officer's paperwork doubles as a temporary permit until then.
- Refuse the breath test and a first refusal costs 12 months of license. Refuse again later and it's 18.
- A refusal on top of a prior refusal can even become its own first degree misdemeanor.
- Arraignment is where the court records your plea. Not guilty is common here, simply because nobody has seen the evidence yet.
- Bodycam, breath machine records and the reason for the stop all get a hard look early.
- Want more? Our pieces on how a DUI hits your job and license and misdemeanors versus felonies fill in the rest.
“People walk in asking which label they got. I'd rather talk about the 10 days and the evidence. Florida has one DUI statute, so the real fight is the stop, the testing and the paperwork.”
Drew McCulloch, Esq. Founder, McCulloch Law, P.A. and former state prosecutor
When the Other Driver Was the One Drinking
- A DUI arrest can back up a negligence claim, though the civil case needs its own proof and no conviction is required.
- Florida shortened the general negligence deadline to 2 years for claims that accrued after March 24, 2023. It sneaks up on people.
- The other driver's policy limits and your own uninsured motorist coverage can decide how much you actually recover.
- Punitive damages may come into play when the intoxication shows reckless disregard.
- For context, NHTSA says alcohol-impaired crashes were behind 30 percent of US traffic deaths in 2024.
- Our auto accident team handles these claims, and families who lost someone can read about wrongful death cases.
If You're the One Facing the Charge
- Write the arrest date down. Count forward 10 days.
- Don't talk about how much you drank. Not to friends, not online.
- Get the DHSMV hearing requested before the deadline slips by.
- Keep every piece of paper from that night, receipts included.
- Ask about a hardship license if you need to get to work. Whether you qualify depends on your record.
- Call a DUI defense attorney in Tampa sooner rather than later.
FAQ
Can a DUI turn into reckless driving?
Sometimes. A wet reckless under Section 316.192 gets negotiated in certain first offense cases, depending on the evidence and the prosecutor.
Can I get a DUI expunged?
A DUI conviction can't be sealed or expunged. A case that was dismissed or never filed may qualify under FDLE rules.
How long does it stay on my record?
A conviction stays on your criminal record for good. The DHSMV keeps it on your driving record for 75 years.
What happens to my car insurance?
You'll usually need an FR-44 filing with higher liability limits, and rates commonly jump for several years.
Call a law firm that cares
McCulloch Law, P.A. is at 238 East Davis Boulevard, Suite 202, Tampa. Day or night, someone picks up.