DUI vs. DWI vs. DWAI: What’s the Difference?

Bill Allen | August 13, 2025 | DUI

DUI vs. DWI vs. DWAI: What’s the Difference?

When it comes to impaired driving offenses, the terminology can be confusing, especially if you’re comparing laws across different states. Acronyms like DUI, DWI, and DWAI often seem interchangeable, but they can carry different legal meanings depending on where the offense takes place. 

If you live in Florida or were in a car accident with an impaired driver here while visiting, it’s important to understand how these terms apply—and which ones don’t. Let’s break it down.

What Is a DUI?

In Florida, DUI stands for driving under the influence, and it’s the official legal term for operating a vehicle while impaired by alcohol, drugs, or a combination of substances. It’s defined under Florida Statutes § 316.193, and applies when a driver:

It’s also worth noting that a driver does not have to be above the legal BAC limit to be considered impaired. If alcohol, marijuana, prescription drugs, or even sleep aids impacted their ability to drive safely, they may still be held liable.

What Is a DWI?

DWI typically stands for driving while intoxicated. It’s a term used in other states—like Texas, Missouri, or North Carolina—but not in Florida. In some states, DWI refers to more serious intoxication, while DUI may cover lesser offenses or apply only to underage drivers.

In Florida, however, there is no legal distinction between DUI and DWI. If someone crashes into you while intoxicated, Florida law treats the offense as a DUI, regardless of what it might be called elsewhere. That’s important when insurance adjusters or out-of-state attorneys try to categorize what happened using unfamiliar terms.

The key takeaway: In Florida, any form of impaired driving that leads to an accident is considered DUI, and it opens the door for a personal injury claim.

What Is a DWAI?

DWAI stands for driving while ability impaired, and it’s used in a few states—such as New York and Colorado—to describe a lesser form of intoxication. A driver might be charged with DWAI if their BAC is below the legal limit, but their driving is still affected. DWAI is often considered a traffic infraction or low-level misdemeanor in those states.

Florida does not recognize DWAI as a separate charge. Here, the law focuses not on the label, but on whether the driver’s ability to operate the vehicle was impaired. If so, and if that impairment led to a crash, they may be found liable for any injuries or property damage they caused.

As a victim, this makes your case clearer. There’s no need to determine whether the driver’s behavior fell under one label or another—any impairment that caused the crash may support your injury claim.

Florida’s Approach To Impaired Driving

Florida prosecutes most impaired driving offenses under § 316.193, which covers drivers operating under the influence of alcohol, drugs, or a combination of both. However, the state also has additional laws that apply to specific categories of drivers. 

For instance:

  • Underage drivers are subject to a zero-tolerance policy under § 322.2616, which imposes administrative penalties for those under 21 with a BAC of just 0.02% or higher.
  • Commercial drivers must comply with federal and state regulations that set the BAC limit, and violations can trigger both criminal charges and CDL disqualification.

If you were hit by a driver who violated any of these laws, those violations may strengthen your case. In many instances, DUI can establish negligence per se, a legal principle that presumes negligence if a person breaks a safety law and causes harm as a result.

You also don’t have to wait for a criminal conviction. Personal injury claims can move forward independently of any criminal case, and in many cases, victims reach civil settlements long before any court trial or sentencing.

Why the Terminology Matters

From a legal standpoint, the exact term used—DUI, DWI, DWAI—might not change the outcome of your case in Florida. However, it can still create confusion, especially if the driver is from another state or if the accident report uses unfamiliar language.

For example:

  • Insurance adjusters may downplay the seriousness of a DWAI charge if they believe it’s a minor infraction.
  • Out-of-state attorneys may apply their own interpretations of the law, especially in multi-jurisdictional claims.
  • Victims may feel uncertain about their rights if they don’t fully understand the legal terminology involved.

Clarifying these terms early in the claims process helps avoid misunderstandings and ensures that the focus remains where it belongs—on the driver’s conduct and the harm it caused. In Florida, DUI covers all forms of impaired driving that result in injury or death, regardless of the term used elsewhere.

What To Do if You’re Charged With DUI in Florida

If you were hurt in a crash caused by a drunk or drugged driver, here’s what you should do:

  • Seek medical attention right away: Even if you feel okay initially, some injuries may not show symptoms until hours or days later. Prompt treatment protects your health and creates a record linking your injuries to the crash.
  • Get a copy of the police report: This document may include key details like the driver’s behavior, results from field sobriety or chemical tests, witness statements, and whether charges were filed. 
  • Gather and preserve evidence: If possible, take photos of the vehicles, skid marks, road conditions, and visible injuries. Collect contact information from witnesses and keep records of all medical visits, diagnoses, and treatments.
  • Avoid speaking with the other driver’s insurance company: Insurance adjusters often reach out quickly. Politely decline any recorded statements or settlement discussions until you’ve gotten legal advice.
  • Track all your losses: Save receipts and documentation for medical expenses, lost income, property damage, and out-of-pocket costs.

In cases involving DUI, the evidence often speaks for itself. However, securing full compensation can still be an uphill battle, especially if the driver tries to deny fault or the insurance company disputes the extent of your injuries.

A Personal Injury Lawyer Can Help

Understanding the difference between DUI, DWI, and DWAI can be helpful, especially when dealing with insurance companies or out-of-state parties. In Florida, the legal path is clear: DUI is the umbrella term for all impaired driving offenses, and any driver who causes harm while under the influence may be held financially responsible.

If you’ve been injured in an impaired driving crash, don’t get caught up in the legal jargon. For help, reach out to Allen Law Accident & Injury Lawyers to schedule a free consultation with a Florida DUI accident lawyer.

Contact Our Gainesville Personal Injury Law Firm at Allen Law Accident & Injury Lawyers in North Central Florida

If you need legal assistance, contact the Gainesville personal injury lawyers at Allen Law Accident & Injury Lawyers at your nearest location to schedule a free consultation today, we’re open 24 hours daily.

We have three convenient locations in Marion County and Alachua County, North Central Florida:

Allen Law Accident & Injury Lawyers – Gainesville Office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652

Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292

Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258