Are you confused about the differences between DUI and DWI in Texas? If you are living in or planning to drive through Texas, it is essential to understand the distinction between DUI and DWI charges. While these terms are often used interchangeably, they carry different legal implications, and knowing the difference could significantly impact your case if you are ever faced with either charge.
What is the Difference Between DUI and DWI in Texas?
In Texas, DUI stands for Driving Under the Influence, while DWI refers to Driving While Intoxicated. While both involve impaired driving, they apply to different situations, and the penalties associated with each can vary significantly.
To be charged with a DWI in Texas, law enforcement generally needs to observe signs of impairment (like erratic driving or poor coordination) and ask you to take a breathalyzer test. You will likely be arrested for DWI if your BAC is above 0.08%.
Penalties for DWI in Texas:
A DWI conviction can lead to severe consequences, such as:
Fines
A suspension of your driver’s license
Jail time (up to 6 months for a first offense)
If your BAC is 0.15% or higher, the offense is classified as a Class A misdemeanor, which can result in more significant fines and a longer jail sentence. Furthermore, if your DWI leads to injury or death, it escalates to felony charges with the potential for years in prison and hefty fines.
DUI: Driving Under the Influence (for Minors)
In contrast, DUI is specifically for drivers under the age of 21 who have any detectable amount of alcohol in their system. In Texas, individuals under 21 are prohibited from consuming alcohol, and even the slightest trace of alcohol can result in a DUI charge.
Unlike DWI, DUI charges for minors do not require the driver to be drunk or severely impaired. Any detectable alcohol—regardless of whether it affects driving ability—can trigger a DUI charge.
Penalties for DUI in Texas:
A DUI is typically classified as a Class C misdemeanor, meaning the penalties are less severe than those for a DWI in Texas. However, the consequences for minors can still be significant:
Fines
Community service
Possible suspension of your driver’s license
Though the penalties might be less severe in terms of legal consequences, the long-term effects of a DUI conviction can be far-reaching. A DUI on your record could:
Impact your chances of getting into college or qualifying for student loans
Affect your ability to secure a job
Limit your housing options in the future
Why You Should Take DUI and DWI Charges Seriously
Whether you are facing a DUI or a DWI charge, taking the matter seriously is crucial. Even if the legal penalties may seem less severe in some cases, a conviction can have lasting effects on your life, especially for minors facing a DUI charge.
If you face these charges in Texas, don’t hesitate to contact an experienced criminal defense attorney. A skilled lawyer can help protect your rights, navigate the legal process, and explore potential avenues to challenge the charges or reduce the penalties.
Contact an Experienced DUI and DWI Defense Attorney Today
The bottom line is this: the differences between DUI and DWI in Texas are significant, and both carry serious consequences. Whether you are a minor or an adult, it is essential to understand the laws and how they may affect you. If you’re ever arrested for a DWI or DUI in Texas, contacting an experienced attorney as soon as possible is key to minimizing the damage and securing the best possible outcome for your case.
Joseph Ruiz is the founder of the Law Office of Joseph Ruiz, PLLC in Houston, Texas. A criminal defense attorney with 20 years of experience, he focuses his practice on DWI and other serious charges. Licensed in Texas since 2004, he earned his J.D. from St. Mary’s University School of Law after completing his B.A. at Vanderbilt University. Ruiz has authored articles for the Harris County Criminal Lawyers Association on trial strategy and juror persuasion.
