What is the difference between DUI vs. DWI in Texas? The two terms are often colloquially used interchangeably; however, there is a distinct difference between DUI vs. DWI in Texas. DWI stands for “driving while intoxicated” and applies to a driver who has lost the normal use of their mental or physical due to the introduction of alcohol or another dug. Or DWI applies if the person has a blood alcohol level of 0.08% or higher. DUI stands for “driving under the influence,” which, in Texas, can mean that any amount of alcohol is present in the system, but you are not intoxicated. When it comes to legal distinction, DUI is a term reserved solely for individuals under the age of 21 and is considered a less serious offense than a DWI. Though, it is still not taken lightly as Texas practices zero tolerance for underage drinking.
Penalties
What is the difference between DUI vs. DWI in Texas when it comes to legal consequences? If you are caught drinking and driving under the age of 21 and are charged with a DUI, you will be charged with a Class C misdemeanor if it is your first offense. However, this likely still will result in a trip to jail and a driver’s license suspension. A DWI, on the other hand, is at a minimum a Class B misdemeanor (a higher-level offense). Although, it can be an even higher charge depending on blood alcohol concentration and prior convictions. A DWI comes with more serious penalties than a DUI. Additionally, just because someone is under 21, they can still be charged with DWI if they are intoxicated.
DUI Penalties
- Fine of up to $500
- Suspended license
- Mandatory participation in correctional programs for drug or alcohol problems
- 20 to 40 hours community service
DWI Penalties
- Minimum of 72 hours in jail or more depending on the severity of the offense
- Fine of up to $2,000 for a class B. first offense. Potentially higher fines for more severe charges if there is a high alcohol concentration or prior convictions for DWI
- Additional fees of up to $1,000 to $2,000 paid annually
- License suspension
- Mandatory participation in correctional programs for drug or alcohol problems
What Is a DUI?
The term DUI, which stands for “driving under the influence”. It is used to describe the illegal offense of an individual under 21 years old driving while they have any alcohol present in their system but are not intoxicated. Texas follows a strict zero-tolerance policy in regards to underage drinking and driving. So, a DUI applies only when the offense is committed by a person under 21 years of age. And, when that individual has any amount of alcohol present in their body. The difference between DUI vs. DWI in Texas is that minors will be charged with a DUI unless they have an alcohol level of 0.08% or higher in their blood. If this is the case, they will be charged with a DWI and face harsher penalties. Individuals over the age of 21 will only be charged if they have lost the normal use of their mental or physical facilities due to the introduction of alcohol or another drug. Or, when greater than 0.08% of alcohol is detected in their blood.
What Are the Penalties for a DUI?
If faced with a DUI, the penalties will increase in severity with each offense. Below you can find the expected consequences of DUIs in Texas.
First Offense Penalties of DUI
- Fines
- License suspension
- Mandatory attendance in drug or alcohol programs
- Community service
Penalties for Multiple DUIs
- Higher-level Criminal charges
- Potentially up to 180 days in jail
- License suspension
- Increased fines
- Community service
- Mandatory attendance in drug or alcohol programs
DWI Penalties
If faced with DWI charges, it can be helpful to know more about potential penalties to prepare yourself for pending outcomes.
- Fines for a first offense can be up to $2,000, a second offense $4,000, and a third offense may be as much as $10,000
- You will face potential jail time, ranging from 3 days to 6 months for the first offense, 1 month to 1 year for a second offense, and 2 to 10 years for a third offense.
- Probation for years is also a potential
- You will lose your driver’s license for up to 2 years
- You will pay annual fees ranging from $1,000 to $2,000 each year for 3 years
DWI Process
After initially being pulled over for a traffic violation, the officer can detain you if they have reason to believe you have been drinking or using drugs. After obtaining evidence of impairment through field sobriety tests, you may be arrested.
Proof of blood-alcohol level or presence of drugs may then be obtained through a blood or breath sample. If evidence shows greater than 0.08% alcohol concentration in the body or the presence of drugs in the blood, the prosecutor assigned the case will accept the charge and try to convict of you of Driving While Intoxicated.
After the gathering of evidence, you will be assigned multiple court dates in which to fight your case. Ultimately this will likely result in you attending court although your lawyer may be able to handle some appearances without you. The outcome of your case can vary from dismissal to a plea bargain or even a jury trial.
In many cases, your lawyer can negotiate a resolution of your case in a pretrial without the need for a full trial in front of a judge or jury. However, if there is no motion to dismiss the case and no deal is reached, then you will need to take the case to trial.
The final step if a plea bargain reached is when official sentencing occurs. Here you will be informed of all penalties pertaining to your DWI offense. This may include probation, jail time, fines, license suspension, community service, and other penalties as the judge sees fit or that are agreed to by you, your lawyer and the prosecuting attorney.
Costs of DWI in Texas
Driving under the influence of drugs or alcohol can end up costing you thousands of dollars over time. Expenses can come from insurance hikes, legal fees, fines, plus various other expenses like towing costs. All of this adds up quickly. Fees can include:
- Legal fees
- Fines and court costs
- Driver’s license reinstatement fees
- Insurance increases
- Alcohol monitoring device fees
- Towing and Vehicle Storage Fees
How a DWI in Texas Becomes a Felony
In Texas, the difference between a DUI and a DWI is that a DUI is reserved for minors with any amount of drugs and alcohol in their system. To become a felony, the charge must first be a DWI. This means that the person has lost the normal use of their mental or physical facilities due to alcohol or drugs or has a blood alcohol level of 0.08% or higher. The person must also have two prior DWI convictions or meet one or more of the following criteria:
- You can be charged with felony if caught driving with a child 15 years old or younger while intoxicated
- You can be charged with intoxication assault if your impaired driving results in a car accident that causes serious injuries to another person
- You can be charged intoxication manslaughter if your impaired driving results in a car accident that causes the death of another person
How Do DWI and DUI Stats in Texas Compare Nationwide
Over the past ten years, DWI arrests have fallen over 30 percent in Texas. However, thousands of people are still arrested in Texas for DWI every year. As of 2018, Texas ranks 36th in the nation of the number of DWI arrests per 100,000 residents.
How to Avoid DWIs in Texas
The first thing to remember is that it is illegal and dangerous to drive while intoxicated, regardless of where you live. The difference between a DUI and DWI in Texas is that you will receive a DUI if you are under 21 and any amount of alcohol is detected in your system. Everyone will receive a DWI if their blood alcohol concentration is greater than 0.08% regardless of age.
The best way to avoid a DUI or DWI is to avoid drinking and driving. Additionally consider:
- Planning ahead and designate a sober driver
- Taking a rideshare service such as Uber or Lyft
What to Do If You’re Arrested for a DWI or DUI in Texas
Have you been arrested for a DUI or DWI in Texas? Call us immediately. There are may rights that can be waived if you do not take prompt action to defend yourself of this criminal charge.
Contact The Law Office of Eric Harron today for legal representation and answers to all your questions about DUI vs. DWI in Texas.
