The Difference Between a DWI & DUI in Texas
In many states, driving while intoxicated (DWI) and driving under the influence (DUI) are both crimes. Texas is one of those states that takes these offenses seriously. But what’s the difference between DWI and DUI? And which is worse? Here’s a look at the differences between DWI and DUI, as well as the penalties for each based on Texas Law.
Driving While Intoxicated
DWI stands for Driving While Intoxicated. Intoxication while operating a motor vehicle means, based on Texas Penal Code Section 49.04, is “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a combination of two or more of those substances, or any other substances, or any other substances into the body”. Driving a motor vehicle having a BAC (blood alcohol content) level of 0.08 or more is also considered driving while intoxicated.
Texas DWI Law states a person 21 years old or older can be charged with a DWI, which is a Class B misdemeanor. However, if their BAC level is 0.15 percent or higher, the charge becomes much more serious as it escalates to a Class A misdemeanor. Class A misdemeanors are worse than a Class B or a Class C misdemeanor.
To make matters worse, if a controlled substance such as cocaine were involved, this charge can be elevated.
For a first-time DWI offense for an adult there will be 3 days jail time, however, if there was an open alcohol container found in the vehicle, you’re looking at least 6 days jail time. The maximum jail time is 180 days or 6 months. You are also looking at having your driver’s license suspended for 90 days to a year. Remember, you only have 15 days from the day you receive notice of a driver’s license suspension to challenge the suspension with the court. State fines can be up to $2,000 and you may be required to pay thousands of dollars over the next 3 years to keep your driver’s license. In addition to jail time, you may be required to attend alcohol abuse programs that you will have to complete or face the penalties.
Driving Under the Influence
DUI stands for Driving Under the Influence. The biggest difference between a DWI and a DUI is that DWI’s are more related to the person’s age. A DUI pertains to minors over the age of 18 but under the age of 21 who operate a motor vehicle “with any detectible amount of alcohol in the minor’s system”. Texas Penal Code Section 104.041
Another difference of the two is that Texas Drunk Driving Laws state that the state is not required to prove intoxication but only prove that any amount of alcohol was detectable in the minor’s system. This charge is a Class C misdemeanor and bring with it a maximum fine of $500.00. This charge can be elevated to a more serious DWI charge if the state did prove the minor had a high Blood Alcohol Content (BAC) level or under the influence of any illegal drugs. Prior DUI convictions can also elevate a DUI charge.
For a first-time DUI offense, which is a Class C Misdemeanor, you can face a fine of up to $500.00 and the minor’s driver’s license can be suspended for up to 60 days, and possibly 20-40 hours of community service.
Drunk driving is a serious problem in the United States. Every day, people are killed or injured in alcohol-related crashes. Despite this, too many people still don’t take drunk driving seriously. They think that they can handle it, that it won’t happen to them. But what they don’t realize is that drunk driving is not only dangerous for them, and everyone else on the road-but the consequences can be life changing.
If you do find yourself or someone you care about involved with a DUI or DWI charge, it is imperative and in your best interest to have an experienced attorney who knows the state’s drunk driving laws on your side and knows how to fight DWI/DUI charges. Our firm offers free consultations for DWI and DUI cases, and we are standing by to help you. You can reach out to us by phone at 832-777-8924, via email at Chad@chadzubi.com or you can schedule your consultation directly HERE.
