Although the two are often used interchangeably in conversation, DWI and DUI are distinct charges in Texas that come with distinct penalties and legal consequences. We understand why the two are so easy to get mixed up; neither Driving While Intoxicated (DWI) nor Driving Under the Influence (DUI) is very descriptive, and remembering which is which can be tough, but we’re here to make it easy.
In Texas law, DWI charges typically apply to adults operating a vehicle while impaired by drugs or alcohol, whereas DUI charges are generally reserved for minors caught driving with any detectable amount of alcohol in their system.
Continue reading to find out everything you need to know about DWI vs DUI in Texas or, if you or a loved one has been charged, contact Smith & Vinson today. Our Austin DWI lawyers have fought and won countless DWI cases for our clients; call Smith & Vinson today at 512-368-9044 and ask us to do the same for you.
What is a DWI in Texas?
We get our most simple definition of DWI under Texas Penal Code § 49.04, where the Texas DWI laws are enumerated. A person commits a DWI offense in Texas when they:
- Operate a motor vehicle in a public place
- While intoxicated
The first point is generally not a point of contention, as motor vehicles and public places are not open to much interpretation, but the point of intoxication can be a sticky one. Under Texas law, "intoxication" is legally defined in two ways:
- Having a blood alcohol concentration (BAC) of 0.08% or higher
- Not having normal use of mental or physical faculties due to the introduction of alcohol, drugs, or a combination of substances into the body
It’s important to note that you can be charged with DWI in Texas even if your BAC is below 0.08%. If the officer determines that you've lost the normal use of your mental or physical faculties due to substance use, you can be charged with a normal DWI, meaning you’ll face the same harsh penalties regardless of your manner of intoxication.
What is a DUI in Texas?
DUI in Texas specifically refers to alcohol-related driving offenses committed by minors (drivers under 21 years of age). Unlike many other states in which DUI is the standard term for all drunk driving offenses, Texas uses DUI exclusively for minor drivers and DWI as its normal drunk driving offense.
Under Texas's zero-tolerance policy for underage drinking and driving, a minor commits a DUI offense when they operate a motor vehicle in a public place with ANY detectable amount of alcohol in their system. This means:
- No specific BAC threshold needs to be met
- Even a BAC of 0.01% can result in a DUI charge for minors
- The prosecution doesn't need to prove impairment or loss of faculties
Another important thing to note about the difference between DWI and DUI in Texas is that it is possible for a minor to get a DWI or a DUI, depending on the circumstances of the case: a minor with under 0.08% BAC will likely face a DUI charge, while a minor caught driving with a BAC of greater than 0.08% will still likely face the more severe consequences of a DWI.
What is the difference between a DUI and DWI in Texas?
There are a number of important distinctions between DWI vs DUI in Texas. Some of the most important distinctions include:
DUI | DWI | |
Age of the offender | Applies exclusively to drivers under 21 years of age | Applies to drivers of any age (including minors in certain circumstances) |
Legal threshold | Any detectable amount of alcohol (zero tolerance), OR loss of normal mental or physical faculties | BAC of 0.08% or higher, OR loss of normal mental or physical faculties |
Severity of offense | Generally a Class C misdemeanor | Minimum of a Class B misdemeanor, with penalties escalating up to Second-degree felonies |
Potential penalties | Fines, community service, alcohol awareness courses, and license suspension | Higher fines, possible jail time, longer license suspensions, and more severe long-term consequences |
Legal process | Often handled in municipal courts or justice of the peace courts | Prosecuted in county or district courts with more formal procedures |
Evidentiary standards | Only requires evidence of any alcohol consumption | Requires evidence of legal intoxication |
How blood alcohol content and the legal limit affect minor DUI and DWI
Because this is often a sticking point for people looking into the differences between DUI and DWI, let’s spend a little more time on how the legal limit comes into play for minors.
The legal limit applies to minors facing DUI charges in the following ways:
- There is no "legal limit," as the law applies a zero-tolerance policy
- Any detectable amount of alcohol is sufficient for a DUI conviction
- Field sobriety tests and breathalyzer results are used primarily to confirm the presence of alcohol, not to establish a specific level of impairment
The legal limit applies to minors facing DWI charges in the following ways:
- The standard 0.08% BAC threshold applies to everyone, regardless of age
- A minor with a BAC of 0.08% or higher can be charged with the more serious DWI instead of (or in addition to) a DUI
- A minor can still face DWI charges under the 0.08% BAC threshold if they demonstrate loss of normal mental or physical faculties from drugs or other substances
You can think of this as a tiered system for enforcement:
- Tier 1: Minors with any detectable amount of alcohol but below 0.08% BAC can expect a DUI charge.
- Tier 2: Minors with a BAC below 0.08% but who show significant signs of impairment from other drugs or alcohol may get a DUI or a DWI charge.
- Tier 3: Minors with a BAC above 0.08% will generally get a standard DWI charge.
Penalties for DWI in Texas
DUI and DWI penalties in Texas range from traffic tickets for minors below 0.08% to decades in prison for those convicted of more serious DWI crimes.
Offense | Charge | Fine | Jail time |
DUI | Class C misdemeanor | Up to $500 | N/A |
First-offense DWI | Class B misdemeanor | Up to $2,000 | 3 – 180 days |
Second-offense DWI | Class A misdemeanor | Up to $4,000 | 30 days – 2 years |
Third- or fourth-offense DWI | Felony charge | Up to $10,000 | 2 – 10 years |
First-time DWI with BAC > .15% | Class A misdemeanor | Up to $4,000 | Up to 1 year |
DWI With Child Passenger | State jail felony | Up to $10,000 | 180 days – 2 years |
Intoxication Assault | Third-degree felony | Up to $10,000 | 2 – 10 years |
Intoxication Manslaughter | Second-degree felony | Up to $10,000 | 2 – 20 years |
As you can see, first-time minor DWI offenders face less severe penalties than adults accused of DWI, but minor DUI and DWI can still jeopardize your future. First offense DWI s in Texas are typically classified as Class B misdemeanors for first-time offenders, but can be enhanced to more serious charges based on factors like:
- Prior DWI convictions
- Having a BAC of 0.15% or higher
- Having a child passenger in the vehicle
- Causing an accident resulting in injury or death
Even first time offenders can get felony DWI charges if they find themselves arrested under suspicion of aggravated DWI charges like those described above.
How to beat a DWI in Texas
The best thing you can do to protect yourself against DWI charges is to hire an attorney who knows how to beat a DWI in Texas — and has a proven track record of doing so. The attorneys at Smith & Vinson have employed a number of strategies to beat DWI charges for our clients in tough situations, but some of the more common defenses include:
- Challenging the traffic stop. Police must have reasonable suspicion to initiate a traffic stop and probable cause to arrest you.
- Questioning field sobriety tests. Sobriety tests are engineered for failure, and don’t take into account physical or environmental conditions that significantly affect your performance.
- Disputing blood alcohol content test results. Breathalyzers and blood tests are both extremely flawed, and executed by officers who are shoddily trained in the science behind toxicology.
- Arguing that your rights were infringed upon. Police have to act in a very specific manner in order to carry out legal arrests; if they slip up, it might mean a dismissal of your case.
- Illuminating the prosecution’s lack of evidence. At the end of the day, it is up to the prosecution to prove that you are guilty of DUI or DWI — if they aren’t able to do that, they don’t have a case against you.
Experienced DWI attorneys will generally employ a combination of these strategies, depending on what opportunities are available in your case. Whether it’s a case dismissal, an alternative sentencing plan, or a Not Guilty verdict, the Austin DWI lawyers at Smith & Vinson will fight tooth and nail to get you the best outcome possible.
Whether you’re facing a DWI or a DUI in Texas, Smith & Vinson can defend your future.
The differences between DWI vs DUI are significant, but whatever the charge, you need a skilled attorney who knows how to aggressively fight alcohol-related charges. At Smith & Vinson, we’ve gotten both DUI and DWI cases dismissed or reduced to lesser offenses for countless clients.
Whether you need an attorney for a first offense DWI or a multiple DWI lawyer after your third, we fight hard to help you protect your future.
If you or a loved one has been arrested for DWI in Austin or the surrounding area, call us today at 512-368-9044 or contact us online today for a free consultation.
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