Criminal Law

What is the difference between a DUI and DUAC?

While the answer is simple, understanding the difference can be challenging, so lets get to it. DUI stands for driving under the influence (of alcohol or drugs). The key here is the police pulled you over presumably because you were diving badly and through their investigation they discovered you were intoxicated on alcohol or some other drug. Another key is that you can be intoxicated on alcohol or some other drug, not just alcohol.
DUAC stands for driving with an unlawful alcohol concentration. This is the DUI per se law. What this means is if you meet the criteria set in this law, the court assumes you were too drunk to drive. Boiled down, it means if you were driving and then blew over .08%, the state assumes you were too drunk to drive, even if you were driving fine and were pulled over for speeding or failing to use a turn signal. Even if you passed all the field sobriety tests, you can still be convicted under this law. The key here is the state only has to show you were driving and had more than .08% alcohol concentration in your blood. They do not have to show you were not driving well. Another key here is this law only applies to alcohol, not other drugs too. This is because the breath test you were given only detects alcohol, not other drugs. I hope this helps clear away some of the confusion about these two companion laws.

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3 Responses to “What is the difference between a DUI and DUAC?”

  1. Lorri

    Thank-you for the info…My concern is how can my friend get out of jail for a DUAC anf open container? He was arrested last Thursday 10-23-2010 and is still in jail. His estranged wife has went and took his truck and some personel property. I do not have the cash for a bondsman..his bond is 2,562.00 why for 1st offense. What do I do next? I have not had any experience with this kind thing before and do not know where to turn.

    September 29th, 2010 at 7:09 pm

  2. jeff

    i was charged withdui. prosecuter offering duac. i was caught drivin vehicle nor did i take blood or breath test. what gives?

    March 10th, 2014 at 10:50 pm

  3. Oumema

    Most excellent qusoeitn. Both of these terms are somewhat dated. Driving While Intoxicated was last used by the state of FL in the 70 s. This was because it was much easier to prove that a driver was under the influence of alcohol or drugs. It is not necessary for the state to demonstrate that the driver was intoxicated. Most would agree that a driver’s ability to operate a motor vehicle would be impaired before the individual would become intoxicated. Did you know that the BAC for DWI used to be .15 in the early 70 s? It was then dropped to .10 and then finally to .08 which, of course, is nearly half of what was originally allowed by most states. Having said that, impairment is all the state has to prove for a DUI case. This is from chapter 316.194 on presumption of impairment: It is unlawful and punishable as provided in chapter 322 and in s. 316.193 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person’s normal faculties are impaired or to the extent that the person is deprived of full possession of normal faculties, to drive or be in actual physical control of any motor vehicle within this state. Such normal faculties include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and, in general, normally perform the many mental and physical acts of daily life.Hope that helps.

    July 29th, 2015 at 6:33 pm

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