DON'T WORRY. YOU AREN'T THE ONLY ONE CONFUSED.
For many, it’s reasonably easy to assume that the terms Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are interchangeable. The law understandably is more intricate than that. What is the difference between a DUI and DWI in Texas? Which is worse? The distinction is, the two charges apply to people of different age groups, which in turn have different legal consequences.
Because the differences between a DUI charge and a DWI charge can actually be quite confusing, the brilliant mind of Ruben Restrepo Law is here to explain the difference, as well as give you a rundown of the consequences.
What is a DWI in Texas?
The Texas Penal Code § 49.04 states that you’re driving while intoxicated if you’re operating a motor vehicle in a public place while simultaneously lacking normal physical or mental faculties as a direct result of:
Alcohol consumption
A controlled substance, or
By having a blood alcohol concentration (BAC) of 0.08% or more
Anyone over the age of 21 who falls within any one of these categories can be charged with DWI. If there are no additional aggravating factors, a DWI is usually classified as a Class B misdemeanor. For example, if your BAC is over 0.15%, your charge can be bumped up to a Class A misdemeanor. Moreover, it’s important to remember that if controlled substances are involved, this could elevate your case to include drug charges in Texas.
So, if you’re 23 and have a BAC over 0.08 while sitting on your roommate's couch watching The Hunger Games, you are well within your legal rights. But if you get and decide to take your car or boat out for a ride, then you’ve entered illegal territory.
DWI vs DUI
The first major difference between DWI vs DUI in Texas is age. The Texas Penal Code § 106.041 defines driving under the influence as a situation in which a minor is operating a motor vehicle in a public place with “any detectable amount of alcohol in the minor’s system.”
Because DUI is a charge specifically reserved for minors, the consequences are generally less severe than the ones for DWI. DUIs are generally charged as Class C misdemeanors.
However, there is one big caveat: minors can still be charged with a DWI in Texas.
Texas has a zero-tolerance policy towards minors driving under the influence of anything. As a result, minors with ANY amount of alcohol in their system — or any amount of detectable drug use — can expect to face DUI charges. If a minor under the age of 21 is arrested with a high enough BAC, they may be charged with a DWI instead, and face much steeper penalties.
Even if they’re under 21, it is legal in Texas for parents to give their children alcohol. However, under no circumstances is it legal for someone underage to drive after drinking. As a minor, even a simple, seemingly innocent swig of alcohol, so long as the police can smell it on your breath, can warrant DUI charges in Texas.
What happens in Texas if you get a DWI? A DUI?
The commonalities surrounding these two nearly identical terms has been the catalyst for numerous questions for inquiring minds. Do you go to jail for a DWI in Texas? Is a DWI a felony in Texas? What is the difference between DUI and DWI penalties in Texas?
In short, DUI penalties are often much lighter in comparison to DWI, as the offender is often much younger. However, DUI charges in Texas are still very severe, and the charge can carry lasting consequences.
The consequences of DUI and the various types of DWI charges are as followed:
Offense | Charge | Maximum Fine | Jail Time |
DUI | Class C misdemeanor | $500 | N/A |
First offense DWI | Class B misdemeanor | $2,000 | 3 – 180 days |
Second offense DWI | Class A misdemeanor | $4,000 | 180 days – 2 years |
Third and fourth offense DWI | Third-degree felony | $10,000 | 2 years – 10 years |
DWI with a child passenger | State jail felony | $10,000 | 180 days – 2 years |
Intoxication assault | Third-degree felony | $10,000 | 2 years – 10 years |
Intoxication manslaughter | Second-degree felony | $10,000 | 2 years – 20 years |
In addition to the above penalties, you may also be required to complete programs that address the underlying behavior that led to your DUI or DWI, serve license suspensions, or spend time on probation. Even for misdemeanor DUI charges!
Although there are many differences between DUI and DWI, you’ll need the same aggressive defense.
Despite the differences between a DUI and DWI in Texas, both are extremely serious charges. No matter the situation or how dire it may seem, all hope is not lost. You need to hire a lawyer who can take your case to court and win.
Ruben Restrepo has made a name for himself by taking complex, high-stakes DWI cases to court and winning them. If you need a miracle in your DUI or DWI case, call Ruben Restrepo Law today at (713) 714-7330 or contact us online to request a consultation.
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