Howard Coker | August 28, 2025 | Car Accidents
The terms DUI, DWI, and DWAI are often used when someone is accused of driving under the influence. But what’s the difference? These acronyms can mean different things depending on the state, and each one carries its own legal consequences.
Understanding the distinctions between them can help you navigate a drunk driving case more confidently, whether you’re facing charges or trying to help someone else.
Florida primarily uses the term DUI (Driving Under the Influence), but if you’re looking up laws from other states like New York or Colorado, you may also see DWI (Driving While Intoxicated) and DWAI (Driving While Ability Impaired).
Each reflects a different standard of impairment or substance type.
What Is a DUI?
A DUI stands for Driving Under the Influence. In Florida and most states, this means a person is driving or in physical control of a vehicle while impaired by alcohol, drugs, or a combination of both. Impairment can be proven by a breath or blood test, or simply by showing that the person’s normal faculties were affected.
Florida law sets the legal blood alcohol content (BAC) limit at 0.08%. For commercial drivers, the limit is 0.04%, and for drivers under 21, any BAC over 0.02% can result in penalties.
DUI Penalties in Florida
Penalties for a first-time DUI in Florida can include:
- Fines of $500 to $1,000
- License suspension for 6 months to 1 year
- Up to 6 months in jail
- Mandatory DUI education programs
Subsequent offenses lead to higher fines, longer license suspensions, and potentially mandatory ignition interlock devices.
What Is a DWI?
DWI stands for Driving While Intoxicated. Some states use this term instead of DUI, but in certain places, it may refer to a more severe charge. For example, in New York, DWI typically means driving with a BAC of 0.08% or higher.
In Texas, the distinction is mostly in name. DWI is used instead of DUI for adults, while DUI is a term applied to underage drivers with any detectable alcohol.
In states where both terms are used:
- A DWI might suggest a higher BAC or more serious impairment
- A DUI could be used for lower BAC or drug-related charges
Some states treat them the same legally. In others, the label changes the potential penalties.
DWI Penalties
Penalties for a DWI vary by state, but they are often serious and may be more severe than DUI or DWAI charges, depending on the circumstances.
Consequences for a first-time DWI can include:
- Fines ranging from a few hundred dollars to several thousand
- License suspension
- Jail time
- Mandatory alcohol education or treatment programs
In some states, aggravating factors—like a high BAC, prior offenses, or driving with a child in the car—can lead to felony charges, longer jail sentences, and the installation of an ignition interlock device.
What Is a DWAI?
DWAI stands for Driving While Ability Impaired and is primarily used in New York and Colorado. It applies when a driver’s ability is impaired to any extent by drugs, alcohol, or a combination, but their BAC is below 0.08%.
A person can be charged with DWAI if:
- Their BAC is between 0.05% and 0.07%
- They show physical signs of impairment
- They admit to consuming alcohol or drugs before driving
In Colorado, you may be charged with a DWAI if your blood contains five nanograms or more of delta-9 THC (the active chemical in marijuana). If you are under the age of 21, you can be arrested for a DWAI if your BAC is only .02 percent.
DWAI Types
Types of DWAI in New York include:
- DWAI/Alcohol: BAC between 0.05% and 0.07%
- DWAI/Drugs: Impairment due to controlled substances
- DWAI/Combination: A mix of alcohol and drugs causes impairment
A Colorado DWAI charge is similar to New York’s DWAI’s “combination” provision and can be either drugs or alcohol.
DWAI Consequences
Even though DWAI charges are considered less serious than DWI, they still come with consequences, such as:
- Fines
- Jail time
- License suspension
The penalties depend on the state, the severity of the offense, and the prosecutor’s recommendation. Repeat offenses can elevate a DWAI to a misdemeanor or felony with harsher penalties.
Which Is Worse: DUI or DWI?
Whether DUI or DWI is “worse” depends on the state’s laws. In some jurisdictions, both carry the same penalties. In others, DWI may be treated more harshly due to higher BAC levels or greater signs of impairment.
Key differences may include:
- Legal threshold for impairment
- How many prior offenses are on record
- Whether drugs, alcohol, or both were involved
- Whether injury or property damage occurred
In Florida, there is no legal distinction between DUI and DWI; only DUI charges exist. However, someone with a BAC of 0.15% or higher, or who causes an accident while impaired, can face enhanced charges and penalties.
Can a DWAI Be Charged Instead of a DUI?
Yes, especially in states like New York and Colorado. If a driver is impaired but not legally drunk, police may opt for a DWAI charge. Prosecutors may also offer a DWAI as a plea deal to reduce more serious DWI charges, especially for first-time offenders.
Choosing between DWAI and DWI can affect:
- License suspension periods
- Jail time and fines
- Insurance rates
- Long-term criminal records
While a DWAI is sometimes considered less damaging, it’s still a criminal offense with real consequences.
Holding Intoxicated Drivers Accountable
When someone chooses to drive under the influence, the consequences often extend far beyond legal penalties. For victims, the outcome can be devastating, resulting in serious injuries, financial burdens, and emotional trauma.
Personal injury claims play a critical role in holding impaired drivers financially responsible. Through a civil lawsuit, injured parties can pursue compensation for medical bills, lost wages, pain and suffering, and other damages that the criminal system doesn’t cover.
Even if the at-fault driver is not convicted in criminal court, they can still be found liable in a civil case.
A Car Accident Attorney Can Help
DUI, DWI, and DWAI all involve impaired driving, but the differences matter. Florida uses DUI exclusively, while states like New York and Colorado use DWI and DWAI to distinguish between levels of impairment.
Knowing how these terms apply and what each charge means can help you better understand your rights and your legal options. For help, contact Coker Law Personal Injury Lawyers to schedule a consultation with a Florida DUI accident lawyer.
For more information, please contact the Jacksonville car accident law firm of Coker Law Personal Injury Lawyers and schedule a free consultation today.
We serve Duval County and its surrounding areas.
Coker Law Personal Injury Lawyers
136 E Bay St #5438
Jacksonville, FL 32202
(904) 356-6071
Find us with our Geo Coordinates: 30.32569719086265, -81.65515220132858
