The Terms Are Not Interchangeable Under Texas Law
In most states, there’s no meaningful distinction between driving while intoxicated (DWI) and driving under the influence (DUI). That’s not the case in Texas. While both are serious criminal charges in the Lone Star State, they refer to two specific types of criminal violations. What is the difference between DUI and DWI in Texas? What are the legal consequences of each type of offense?
What Is DWI in Texas?
DWI, or driving while intoxicated, is the more common charge in Texas for impaired driving (commonly called “drunk driving,” which most states call “DUI”). Legally, it’s defined as operating any type of motor vehicle on public property (including the roadways and parking lots) while so impaired by drugs or alcohol that your mental or physical abilities are compromised. Most often, the impairment is established with the use of a blood alcohol concentration (BAC) test. If you have a BAC of 0.08 or higher, you will be considered legally intoxicated. However, you can still be charged with DWI, even if your BAC is below the legal limit (or even if no test is taken), based on the observations and testimony of law enforcement officers.
What Is DUI in Texas?
DUI, or driving under the influence, charges may be brought only against persons under the legal drinking age in Texas. If you have not reached the age of 21 and are found to be operating a motor vehicle on public property with any amount of alcohol in your body, you can be arrested and detained for DUI. It is basically a serious ticket for being too young to have any alcohol (like minors in possession, but with a car).
What Are the Potential Penalties for Conviction of DUI and DWI?
Minors who are charged and convicted of DUI will automatically be cited for a Class C misdemeanor but may face more serious charges for a repeat offense. At a minimum, you can typically expect:
- Loss of driving privileges for up to 12 months, though that period may be reduced to 90 days if you participate in a court-ordered community service program or have an ignition interlock device installed in your vehicle
- Required attendance at an alcohol awareness program, with a minimum involvement of 12 hours
- A fine of $500
Adults convicted of DWI face different sanctions depending on the number of convictions. A first conviction will result in the following:
- Loss of driving privileges for anywhere from 90 days to 12 months or longer
- A fine not exceeding $2,000 or more
- A minimum jail sentence of three days, with the potential for up to 180 days of incarceration (jail time)
- The installation of an ignition interlock device or other testing device
A second conviction will double the potential fine to $4,000 and increase the potential term of suspension to two years. A third conviction, no matter how many years or decades apart, is a serious felony that can put you in prison for 2-10 years.
It should also be noted that Texas imposes additional penalties for persons whose BAC exceeds 0.15%.
Contact The Loftin Firm for a Proven Criminal Defense Lawyer
Good results don’t just happen. They’re a product of experience, skill, knowledge, and hard work. That’s the advantage you’ll get with the Loftin Firm. Over the past quarter of a century, attorney Trey Loftin has represented countless people in Texas criminal proceedings, including clients charged with DUI and DWI. As an experienced criminal defense attorney and former judge, he has a comprehensive knowledge and understanding of Texas criminal law and procedure. He will take the steps necessary to ensure that your constitutional rights are protected.
Contact The Loftin Firm online or call attorney Loftin at 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
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