Blog
DUI vs. DWI in Texas: Key Differences and Legal Consequences
John D.
In Texas, the legal system takes impaired driving seriously; in fact, there are two separate terms for alcohol- or drug-related offenses behind the wheel: DUI and DWI. While people often use these terms interchangeably, they refer to different charges under Texas law.
Knowing the difference between a DUI (Driving Under the Influence) and a DWI (Driving While Intoxicated) is crucial, especially if you or someone you know is facing charges. Each has distinct legal standards, penalties, and long-term consequences.
What Is a DWI in Texas?
In Texas, DWI stands for “Driving While Intoxicated.” It is a criminal offense that applies when an adult operates a motor vehicle in a public place while lacking the normal use of physical or mental faculties due to alcohol, drugs, or a combination of both. This can also include having a blood alcohol concentration (BAC) of 0.08% or more.
Texas law, under Penal Code Section 49.04, makes DWI a Class B misdemeanor for a first offense, but the severity increases depending on the facts. For example, if your BAC is 0.15% or higher, you may face a Class A misdemeanor. If a child is in the car, or if an accident results in injury or death, felony charges can follow.
What Is a DUI in Texas?
DUI in Texas is short for “Driving Under the Influence” of alcohol, but the term only applies to minors—individuals under the age of 21. Under Texas Alcoholic Beverage Code Section 106.041, a minor can be charged with DUI for operating a vehicle with any detectable amount of alcohol in their system, even if their BAC is below 0.08%.
Texas follows a strict zero-tolerance policy for underage drinking and driving. That means even one sip of alcohol can lead to a DUI charge if the driver is under 21. Unlike DWI, DUI is generally treated as a Class C misdemeanor for a first offense and carries lighter penalties, but it still creates a permanent mark on a minor’s record.
Key Differences Between DUI and DWI in Texas
1. Age of the Driver
The most straightforward difference is age. DUI applies only to drivers under 21, while DWI charges apply to adults 21 and older.
2. Alcohol Concentration and Proof
A DWI requires proof of impairment or a BAC of at least 0.08%. In contrast, a DUI requires no proof of impairment—just proof that any alcohol was present in a minor’s system.
3. Severity of Charges
DUIs are typically Class C misdemeanors, which can result in a fine but not jail time for a first offense. DWIs, on the other hand, often involve jail time, higher fines, and longer license suspensions, even on the first offense.
4. Court Process
DUI cases are usually handled in municipal or justice of the peace courts, while DWI cases are heard in county-level criminal courts. DWI charges also involve more complex legal procedures and often require stronger legal defense strategies.
Legal Consequences of a DUI in Texas
Even though a DUI is considered a less serious offense than a DWI, the penalties are far from negligible. For a first offense, a minor may face:
- A fine of up to $500
- Mandatory alcohol awareness classes
- 20 to 40 hours of community service
- A driver’s license suspension for maximum up to 60 days
Subsequent offenses carry harsher penalties, including steeper fines, longer license suspensions, and the possibility of confinement in a juvenile detention center.
Legal Consequences of a DWI in Texas
DWI penalties are more severe and increase with each additional offense. A first-time DWI offense in Texas can result in:
If the offense includes aggravating factors like a high BAC, child passengers, or bodily injury, the charges can escalate to a felony. Felony DWI convictions can include prison time, loss of civil rights, and long-term financial and personal consequences.
Testing and Arrest Procedures
When stopped for suspected impaired driving, law enforcement may use field sobriety tests, breathalyzers, or even blood draws to assess intoxication. Texas has an implied consent law, meaning that by driving, you automatically agree to these tests. Refusing a test can result in immediate license suspension – even if you’re later found not guilty of DUI or DWI.
Can a Minor Be Charged with a DWI?
Yes. While DUI is the typical charge for minors, a person under 21 can still face a DWI if their BAC is 0.08% or higher or if they are impaired while driving. In such cases, the minor would face the same legal consequences as an adult charged with DWI, including possible jail time.
Common Legal Defenses
Whether charged with DUI or DWI, you have the right to defend yourself in court. Common defense strategies include:
- Improper traffic stop: If the officer lacked probable cause, the case may be dismissed.
- Faulty test results: Breathalyzer or blood test results can be challenged due to improper calibration or handling.
- Violation of rights: If law enforcement failed to follow proper legal procedures, the case may be weakened.
A skilled criminal defense attorney can evaluate your case and develop a strategy to protect your rights and reduce the impact of the charges.
Long-Term Consequences
Both DUI and DWI convictions can have lasting effects beyond the courtroom. These include:
- Higher insurance premiums
- Trouble with college applications or financial aid (especially for minors)
- Difficulty finding employment
- Potential disqualification from certain professional licenses
Final Thoughts
Driving under the influence is never worth the risk—legally, financially, or personally. In Texas, being a minor found with even a trace of alcohol or an adult driving with a high blood alcohol content (BAC) can lead to serious consequences. Knowing the difference between DUI and DWI can help you make informed choices and safeguard your future.
If you or someone you know is dealing with DUI or DWI charges, don’t try to manage it by yourself. The skilled legal team at Landllawgroup.com is ready to assist you through the process.