What Is the Difference Between DUI and DWI?

In Texas, DUI and DWI are distinct charges. DUI usually applies to drivers under 21 with any detectable alcohol, while DWI applies to adults or impaired minors and generally requires a BAC of 0.08% or higher. The penalties, legal codes, and consequences vary, making it important to know which charge applies.

Because these cases carry serious consequences, consulting a Houston DUI/DWI lawyer is essential. An experienced attorney can review your arrest, challenge improper testing, and work to reduce penalties. Early legal guidance can protect your license, record, and future opportunities.

What Is a DWI in Texas?

A DWI (Driving While Intoxicated) occurs when a person operates a vehicle in a public place while impaired. Under Texas Penal Code §49.04, intoxication can be due to alcohol, drugs, or a combination, and charges can apply even if BAC is below 0.08% when impairment is evident. DWI cases may overlap with other criminal charges, such as aggravated assault or incidents covered under Texas self-defense laws.

• Operates a vehicle in a public place.
  
• Is intoxicated due to alcohol, drugs, or a combination.
  
• Intoxication is defined as either:
  
  • A blood alcohol concentration (BAC) of 0.08% or higher, or
    
  • Impairment of mental or physical faculties.
    
• The state can charge DWI even if the BAC is under 0.08%, based on observed impairment.

What Is a DUI in Texas?

A DUI generally applies to drivers under 21. Texas enforces a strict Zero Tolerance policy under Texas Transportation Code §106.041, making any detectable alcohol in a minor’s system illegal, even without visible impairment. Minors with a DUI can still face DWI charges if BAC is 0.08% or higher, or if drugs are involved, similar to situations discussed in DWI Penalties and Defense.

• Applies to drivers under 21.
  
• Any detectable amount of alcohol is illegal.
  
• A BAC of 0.08% is not required for a DUI.
  
• Minors can be arrested with even a small amount of alcohol in their bloodstream.

Penalties for DWI in Texas

Penalties depend on whether it’s a first-time offense or a repeat offense, and whether aggravating factors are present:

• First offense: Class B misdemeanor, up to 180 days in jail, fines up to $2,000, license suspension
  
• High BAC (0.15% or higher): Class A misdemeanor, 30 days–1 year in jail
  
• Second offense: Class A misdemeanor
  
• Third or subsequent offense: Third-degree felony, punishable by 2–10 years in prison
  

Aggravating circumstances, such as having an open container in the vehicle, being involved in an accident, or causing injury, can lead to longer jail time, higher fines, and additional penalties.

Penalties for DUI (Minors)

The penalties for minors vary based on age and prior offenses:

• Under 17 (first offense): Class C misdemeanor
  
  • Fine up to $500
    
  • 20–40 hours of community service
    
  • License suspension of 60–180 days
    
  • Mandatory alcohol awareness courses for both the minor and a parent
    
• Ages 17–20:
  
  • Jail time from 72 hours to 180 days
    
  • Fines and license suspension
    
  • Alcohol education programs
    

Minors can also face DWI charges if they have a BAC of 0.08% or higher or are impaired by drugs. This demonstrates that minors can be charged under either statute depending on the severity of their impairment.

Consequences of DUI and DWI

Being charged with a DUI or DWI in Texas can have immediate and long-lasting effects on your life. Beyond fines and jail time, these offenses can impact your license, insurance rates, employment opportunities, and educational prospects. Consequences may be similar to other serious criminal charges, such as domestic violence arrests.

• Short-Term Consequences: Jail time, fines, license suspension, community service, and alcohol education courses.
  
• Long-Term Consequences: Higher insurance premiums, license restrictions, employment impacts, criminal record, and education implications.

Why You Need a DUI/DWI Lawyer

DUI and DWI cases are complex legal matters that require specialized knowledge. Consulting an experienced Houston DUI/DWI lawyer can provide critical guidance to protect your rights, minimize penalties, and safeguard your future.

• Evaluate whether the traffic stop and arrest were lawful.
  
• Challenge BAC, blood, or field sobriety tests for accuracy and procedure.
  
• Negotiate reduced charges or alternative sentencing.
  
• Protect your license, driving record, and future opportunities.
  
• Guide minors and their families through court requirements.
  
• Early legal intervention can improve case outcomes and prevent long-term consequences.

What to Do When Charged with DUI or DWI

Being charged with a DUI or DWI can be overwhelming, but taking the right steps immediately can protect your rights and improve your case outcome. Acting carefully and following legal guidance from an experienced Houston DUI/DWI lawyer is essential from the moment of arrest through the court process.

• Do not admit guilt or discuss the case with the police without a lawyer.
  
• Request an attorney immediately to preserve your rights.
  
• Document details of the arrest, including officer conduct, testing procedures, and any witnesses.
  
• Attend all court hearings and follow your attorney’s advice carefully.
  
• Consider alcohol education or treatment programs proactively, which may support your defense.
  
• Following these steps can make a tangible difference in the outcome of your case.

Contact DUI/DWI Lawyers Today

If you or a loved one has been charged with a DUI or DWI in Texas, it’s crucial to seek legal guidance immediately. These cases carry serious consequences, and early intervention can significantly impact the outcome, protect your license, and safeguard your future.

At JLG Law Office, our skilled DUI/DWI attorneys are here to protect your rights, minimize penalties, and pursue the best possible outcome. Contact us today; your freedom, driving privileges, and future are too important to leave to chance.