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DUI vs DWI – Orlando DUI Attorney Explains the Difference

Our attorneys are often asked if there is a difference between DUI and DWI in Florida. Confusing the two acronyms is quite common and the answer actually depends on the laws of the state in which you live. States identify drunk or drugged driving differently:

  • DUI – Driving Under the Influence
  • DWI – Driving While Intoxicated or Driving While Impaired

In Florida, DUI is the crime. Any driver suspected of driving or being in actual physical control of a motor vehicle while under the influence of drugs or alcohol is charged with DUI under Florida Statute §316.193. The term DWI is simply not a term used under Florida statutes.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

The laws identifying DUI vs. DWI are state specific

Each state has the ability to identify DUI or DWI penalties using that state’s preferred terminology. In some states the charge may be DWI. Other states may apply both terms where DWI and DUI are two separate charges based on specific criteria such as age, drug/alcohol impairment, or level of BAC (blood alcohol content). Other state statutes apply other terms such as OUI (Operating Under the Influence).

In all DUI/DWI cases, the penalties imposed are based on the presumptive legal BAC level of 0.08 or greater. Other critical aspects, however, including how cases are handled and tried, differ significantly from state to state. For these and many other reasons, it is essential that a driver charged with DUI is represented by an experienced DUI defense attorney licensed in the state in which the arrest occurs.

DUI Charges in Florida

Florida has harsh penalties that can affect a person’s license, job, and family, ranging from first time DUI to a Felony DUI conviction. If an out-of-state driver is stopped for drunk driving in Florida, a past DUI or DWI occurring in another state counts as a prior conviction for the purposes of determining the appropriate DUI penalty under Florida law.

Our Orlando DUI Attorneys Can Help

If you need an effective DUI defense attorney, contact TK Law now. We need to act quickly to ensure your rights are fully protected. The exact nature of your case will depend on many facts. We offer a free consultation to help you understand your rights and how we can defend you.

It is important to remember that a DUI charge is just that: a charge. It is not a conviction. Just as there are multiple consequences for each DUI-related offense, there are also effective DUI defenses that an experienced DUI defense attorney will raise to challenge the charges.

Our goal is always to get your DUI charge reduced or to help you avoid a DUI conviction altogether. We handle each individual DUI case appropriately, without judging our client or offering hopeless scenarios.

The attorneys at TK Law know current legislation and case law that applies to DUI in Florida. We are prepared to mount a thorough and compelling defense in your case. No matter how serious the alleged offense, a DUI attorney at TK Law will know how to effectively combat the charges.

What Should You Do Next?

As soon as possible, a person charged with DUI should:

  • Call an experienced DUI attorney
  • Restrict conversation with law enforcement until an attorney is present
  • Be respectful to law enforcement
  • Not seek advice from anyone on the scene who is not an attorney

Do not risk a guilty plea. Call TK Law at 855-Kramer-Now (855-572-6376) so we can start preparing a solid defense right away. We are here to defend your rights and preserve your freedom.

For more information, view our DUI Video Channel.

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All free case evaluations are reviewed by our legal team. For immediate assistance, please call us at 407-834-4847.

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The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.

We know how overwhelming conflict can be and how painful it is to see a marriage end. We will guide you through this difficult process before, during and after your divorce.

Contact our offices today to schedule a confidential consultation with one or our family law attorneys, or call us at 855-572-6376.



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The information found here is for general information purposes only. Nothing on this site should be taken as legal advice for any situation or individual case. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


Phone: 407-834-4847
999 Douglas Ave #3333, Altamonte Springs, FL 32714

Service Areas

Orange & Seminole County, Florida.