If you’ve ever found yourself wondering about the difference between DWI and DUI in Texas, you’re not alone, as many people use the terms as if they are the same thing. They are not. DWI and DUI refer to two different charges under Texas law. Knowing the difference can matter if you are involved in an auto accident or big rig crash when one driver is intoxicated. Here is the difference in the charges in Texas.
At Baumgartner Law Firm, our Houston car accident lawyer has represented accident victims who have been injured in a drunk driving crash for more than 40 years and obtained millions of dollars for our clients. We know how to maximize compensation in drunk driving accident cases. Contact us for a free consultation with a preeminent-rated drunk driving accident attorney in Houston.
What DWI Means in Texas
DWI is short for Driving While Intoxicated, and this is the charge most adult intoxicated drivers are going to face. To get charged with DWI, you’re going to be operating a vehicle in a public place while you’re intoxicated. Texas law defines intoxication in two ways. If your BAC (blood alcohol concentration) reaches 0.08% or higher, you’re legally considered to be intoxicated.
It’s worth noting that the police don’t always need a breathalyzer result to arrest you – they can use field sobriety tests, dashcam footage, witness accounts, and their own observations to make a case. DWI charges typically only apply to drivers over 21.
What DUI Means in Texas
DUI stands for Driving Under the Influence, and it applies specifically to drivers under 21. Texas takes a no alcohol approach with minors when it comes to DUI, which means that even if it’s just a tiny amount of alcohol, it can lead to a charge. Doesn’t matter if it was just from one drink.
While DUI might technically be a Class C misdemeanor (less serious than DWI), don’t let that fool you – a DUI conviction can still have long-term negative effects on a young person.
The Main Differences
When it comes down to it, the main differences between DWI and DUI come down to age, alcohol levels, and consequences.
For adults over 21, DWI requires either a BAC of 0.08% or clear signs of impairment. For minors, DUI only requires any detectable alcohol – no minimum level required.
DWI is the more serious charge, and can range from a misdemeanor to a felony depending on your history and the circumstances. DUI, on the other hand, is generally reserved for first-time offenders and remains a misdemeanor.
What DWI Convictions Can Mean
The penalties for DWI only get worse with each subsequent offense.
Your first DWI is usually a Class B misdemeanor. You could be facing up to six months in jail, fines up to $2,000, loss of your license, mandatory alcohol education, and probation. If your BAC was 0.15% or higher, the penalties just get a whole lot worse.
A second DWI is a Class A misdemeanor, with up to a year in jail and $4,000 in fines.
By the time you get to your third DWI, you’re looking at felony territory – two to ten years in prison and fines up to $10,000.
If someone gets hurt in a DWI crash, you could be facing intoxication assault charges, and if someone dies, it becomes involuntary manslaughter, which carries even longer prison sentences.
What DUI Convictions Can Mean for Minors
Now, while DUI penalties aren’t as harsh as DWI penalties, they’re still pretty serious.
A first offense can cost you up to $500, a 60-day license suspension, alcohol awareness classes, and community service hours.
Second and third offenses bring longer suspensions and stricter requirements.
Though jail time is rare for DUI, the conviction stays on your record and can create all sorts of problems when you’re applying to college, seeking scholarships, or looking for your first job.
Losing Your License
Both DWI and DUI can trigger automatic license suspension through the Texas Department of Public Safety – even before you’re convicted in court.
If you refuse a breath or blood test, your license can be suspended straight away under implied consent laws. And failing the test can also result in suspension. These are administrative penalties that come separately from whatever the criminal court decides.
When Things Can Get A Whole Lot Worse
Certain factors can turn a bad situation right into a nightmare.
If you have a child under 15 in the car, that automatically makes it a felony DWI. If you have a BAC of 0.15% or higher, you face increased penalties. And if you cause a crash that results in injuries or fatalities, that transforms the charge into intoxication assault or manslaughter. And if you have prior DWI convictions, all bets are off.
The Long Shadow of a Conviction
Both DWI and DUI leave behind permanent criminal records that are tough to erase.
A DWI can knock you back as far as job opportunities, professional licenses, insurance rates, housing applications, and even your right to own a firearm. A DUI can knock you out of college admissions, disqualify you from scholarships, and show up on background checks for years.
Multiple offenses can label you as a habitual offender, which only leads to longer license revocations and enhanced criminal penalties down the line.
Why Understanding the Difference Matters
Knowing whether you’re facing DWI or DUI charges isn’t just some fun trivia, to be honest – it fundamentally changes your situation.
For one thing, minors and adults go through different court processes. The penalties differ wildly. The court jurisdictions are different.
And the long-term consequences are entirely different.
After an injury accident, if the at-fault driver was intoxicated, the civil case for damages may also include punitive damages. The criminal case differs from a drunk driving accident civil case.
The Bottom Line
In Texas, DWI – Driving While Intoxicated & DUI – Driving Under the Influence, they’re not just two different names for the same crime – they have different rules & implications too. DWI specifically refers to adults, drunk or impaired, whereas a minor can be charged with DUI if they can just show one single drop of booze in their system.
Contact Baumgartner Law Firm for a free case consultation. We have helped victims of alcohol related accidents for over 40 years and have a proven track record of winning cases against drunk drivers, bars, and clubs.
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111
