DUI vs DWI: Understanding the Differences in Texas

When it comes to alcohol-related driving offenses in Texas, such as drunk driving, DUI, and DWI are often used interchangeably but they are different. Knowing the difference between a DUI and a DWI is important if you’re charged. In Texas, DWI means an adult is impaired by alcohol or drugs, while DUI means a minor has any amount of alcohol in their system. Both carry heavy penalties including license suspension, fines, and even jail time.

In this post we’ll go over the legal difference between DUI and DWI in Texas, the penalties for each, why you need a Woodlands DWI lawyer, and how you can defend yourself.

Definition and Difference

Knowing the difference between DWI and DUI in Texas is important if you’re charged. Both refer to alcohol and drug-related driving offenses but apply to different situations and have different legal consequences, making it crucial to understand the distinctions between DWI and DUI charges.

DWI (Driving While Intoxicated)

DWI applies to anyone 21 or older and is considered a serious DWI offense in Texas. In Texas, a person is considered to be driving while intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. But DWI is not just about alcohol; impairment can also be caused by drugs, whether illegal or prescription. The law looks at whether the person’s mental or physical faculties are impaired, so even a lower BAC could be a DWI if the person can’t drive.

DUI (Driving Under the Influence)

DUI applies to anyone under 21. In Texas, a minor can be charged with a DUI charge if they have any amount of alcohol in their system, regardless of whether they’re impaired. This is the zero-tolerance law for underage drinking and driving. The penalties for DUI are less severe than for DWI but still have consequences including fines and mandatory classes.

Penalties for DUI

Knowing the penalties for a DUI in Texas is important if you’re charged. DUI or Driving Under the Influence is taken seriously, especially for minors. The state has specific consequences that can have long-term effects on a young person’s life, especially if they have prior DUI convictions.

Class C Misdemeanor

A DUI is a Class C misdemeanor in Texas. This means:

  • Maximum Fine of $500: This is the highest fine you can get for a first-time DUI.
  • Suspension of Driving Privileges for up to 60 Days: Your driving privileges will be suspended for a while so you can’t drive legally.
  • Mandatory Alcohol Awareness Course: You will have to take an alcohol awareness course to educate you about the dangers of drinking and driving.
  • Up to 40 Hours of Community Service: As part of your penalties you may have to do community service hours to give back to the community.
  • Additional License Suspension for Non-completion of the Alcohol Awareness Course: Failing to complete the required course will result in further suspension of your driving privileges.

These penalties show how serious DUI charges are in Texas, especially for minors. You should be cautious and get legal help to navigate the consequences.

DUI DWI

Penalties for DWI

A DWI in Texas can have serious consequences. The penalties vary depending on the severity of the offense and any aggravating factors. Knowing the penalties is important if you’re charged with a DWI or DUI charge.

Class B Misdemeanor

First-time DWI is a Class B misdemeanor. The results of a breathalyzer test can significantly impact the severity of the penalties.

  • Fines: Up to $2,000.
  • Jail Time: 72 hours to 180 days.
  • Driver’s License Suspension: Up to 1 year.
  • Community Service: Community service hours may be required.
  • Education Programs: Education programs may be mandatory.

Class A Misdemeanor

If your BAC is 0.15% or higher it’s a Class A misdemeanor. This means:

  • Higher Fines: Up to $4,000.
  • Longer Jail Time: 30 days to 1 year.
  • License Suspension: Longer suspension.

Felony Charges

Subsequent DWIs can be felony charges. This includes:

  • Third Offense: Typically a third-degree felony which can be 2 to 10 years in prison and up to $10,000 fine.
  • Aggravating Factors: If you have prior convictions, higher BAC or if a child was in the vehicle during the offense the penalties get even worse.

Aggravating Factors

Knowing the aggravating factors in DWI cases, such as blood alcohol content levels, is important as they can result in more severe penalties. In Texas, certain circumstances can enhance a DWI charge. Here are the aggravating factors:

Higher BAC Levels

A BAC of 0.15% or higher, which is well above the legal limit, makes the penalties more severe. This is considered a serious offense and can be a Class A misdemeanor. The penalties are more severe, longer jail time, and higher fines.

Child Passenger

If you’re arrested for DWI with a child under 15 years old in the vehicle, the consequences get even worse. This can be a felony charge and result in heavy fines and potential jail time. The law takes this very seriously as the child is a vulnerable passenger.

Prior DWI Convictions

Repeat offenders get more severe penalties. If you have a prior DWI conviction, any subsequent charge can result in more severe penalties including longer license suspension and longer jail time. The system takes repeat offenders more seriously to deter future violations.

Causing an Accident While Intoxicated

If you cause an accident while intoxicated this can be an additional charge. Injuries or damages from the accident can make it worse and result in felony charges. The consequences can be heavy fines, longer jail time, and civil liability for damages caused.

Defense Strategies

Facing a DWI or DUI in Texas can be tough, especially when dealing with impaired driving charges, but there are several defense strategies to consider. Each case is different and a good lawyer can help you tailor a defense that fits your situation.

Challenging the Breath Test and Arrest Procedure

One of the most common defenses is to question the breath test. Understanding the Texas Penal Code is crucial when challenging the breath test and arrest procedure. Factors such as improper calibration, lack of maintenance, or failure to follow procedures can result in inaccurate results. If the test is challenged successfully it can weaken the prosecution’s case big time.

Also, the arrest procedure itself can be challenged. If an officer didn’t have probable cause for the traffic stop or failed to follow the arrest procedure, this can result in the dismissal of evidence or even the case itself.

Request an Administrative License Review (ALR) Hearing to Avoid License Suspension

If you’re charged with DWI you may be able to request an Administrative License Review (ALR) hearing. This hearing allows you to contest the suspension of your driver’s license. Presenting evidence and arguments at this hearing can sometimes result in the reinstatement of your driving privilege before the criminal case is resolved.

Occupational Licenses

For those who use their vehicle for work or essential activities, an occupational license may be an option. This special license allows you to drive for specific purposes like work or school even if your regular driving privilege is suspended. Talk to your lawyer about this option to have a plan while you’re going through this tough time.

Plea Bargains

In some cases, it’s better to explore plea bargains. Negotiating with the prosecution can result in a reduced charge or lighter penalties. This depends on your case specifics including prior convictions and the circumstances of the arrest.

Get a Strong Defense

In the end, it’s all about the details. Get evidence, witness statements, and expert opinions to build your case. A good lawyer can help you through the DWI and DUI process.

Contact an Experienced Woodlands DWI Attorney Today!

If you or a loved one are facing DUI or DWI charges in Texas, it’s crucial to seek legal guidance immediately. The consequences of a conviction can be life-altering, but with the right legal representation, you can fight for the best possible outcome. Our dedicated team at Cowboy Law Group understands Texas law inside and out and will work tirelessly to protect your rights.

Contact us at 832-326-2932 for a free case consultation today!

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