In today’s post, we’ll delve into a topic that often causes confusion among Texans: the difference between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) under Texas law.
Understanding the difference between DUI and DWI is crucial, as they carry distinct legal meanings. Whether you’re a driver, a concerned parent, or simply seeking to expand your knowledge of Texas law, this guide will equip you with the insights needed to navigate the Lone Star’s legal landscape with confidence.
What’s a DUI?
In Texas, DUI stands for “Driving Under the Influence,” and it refers to the act of operating a motor vehicle while impaired by alcohol, drugs, or a combination of both.
DUI primarily applies to minors and is termed “driving under the influence of alcohol by a minor.” Unlike DWI, which involves intoxication, DUI charges are distinct, as they can be levied regardless of the alcohol content in one’s bloodstream, especially if the individual is underage. For minors, any trace of alcohol in their system is a violation of state law, irrespective of whether they’re operating a vehicle. Consequently, the 0.08% legal limit for blood alcohol concentration doesn’t apply to minors in Texas.
Penalties for DUI offenses vary, contingent upon factors such as the minor’s age and prior convictions. Typically, the Texas Department of Public Safety (DPS) will initiate an administrative suspension of the minor’s driver’s license for 60 days following a first offense. Moreover, if the minor is under 17, a first-time DUI offense is treated as a Class C misdemeanor by the court.
Types of DUI Charges in Texas
In Texas, there are several categories of DUI charges, each with specific implications. One such category is the Underage DUI, which targets individuals under 21 years of age. Under Texas law, young drivers caught operating a vehicle with any detectable level of alcohol in their bloodstream face charges due to the state’s stringent zero-tolerance policy toward underage drinking and driving. Even minimal traces of alcohol can lead to severe legal repercussions for these younger drivers.
Another grave category is DUI with Injury or Death. This occurs when a driving under the influence incident results in bodily harm or the death of another individual. In such cases, the driver may be subject to felony charges. These charges carry heavy penalties including significant fines, extended prison terms, and the potential revocation of driving privileges. This underscores the serious consequences of impaired driving in situations where others are harmed.
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- Anil Lingutla
I was charged with a DWI and resisting arrest. Knowing Mr. Wilder previously, I went with the Wilder Law Firm to help me out. Their office was able to get my resisting charge thrown out and reduced my DWI charge for me. This result and lesser sentence allows me a better opportunity to recover from the mistake I made. I appreciate Megan being so kind and patient with me during my process. I would recommend her 10/10."
- Isaac Harrell
After being arrested for DUI, I contacted Doug Wilder upon recommendation. Mr. Wilder and his entire staff were amazing with their professional handling of my case from start to finish. Every time I rang with questions someone answered the phone, no long waits for a return call. This was important to me considering a DUI is so stressful. Mr. Wilder and his staff not only got my case dismissed but also guided me through the process and offered utmost care. I cannot thank them enough and highly recommend the Wilder Firm."
- JJ Canter
What’s a DWI?
In Texas, DWI refers to the offense of operating a motor vehicle while intoxicated by alcohol, drugs, or a combination of both. Intoxication is defined as having lost the normal use of mental or physical faculties due to the introduction of alcohol, drugs, or both into the body.
Types of DWI Charges in Texas
In Texas, there are several classifications of DWI (Driving While Intoxicated) charges based on the severity and circumstances of the offense. The most prevalent type is the standard DWI, which is issued when a driver’s blood alcohol concentration (BAC) measures 0.08% or higher. This is generally prosecuted as a misdemeanor, though penalties can escalate with prior convictions, the presence of aggravating factors, or higher levels of impairment.
Another serious charge is DWI with a Minor Passenger, which applies when the driver is caught under the influence with a passenger under 15 years old. This scenario is treated as a state jail felony, reflecting Texas’ stringent efforts to shield children from the perils of impaired driving and imposing sterner consequences.
For those caught with a BAC of 0.15% or higher, the charges come with enhanced penalties. Such cases may entail steeper fines, extended license suspensions, and compulsory enrollment in alcohol education programs. The heightened penalties reflect the increased danger posed by highly intoxicated drivers.
If a DWI incident results in injury or death, the driver faces felony charges. These are among the most severe, involving significant fines, long prison terms, and potential revocation of driving privileges, underscoring the serious consequences of driving while impaired in Texas.
The Difference Between DUI and DWI in Texas
The primary distinction between DUI and DWI in Texas is the age of the individual being charged. DUI often applies to individuals under 21, while DWI applies to those 21 and older.
In Texas, age is a critical factor in determining whether a driver will be charged with DUI or DWI. Individuals under 21 face DUI charges if they have any detectable amount of alcohol in their system while driving, regardless of whether their BAC exceeds the legal limit of 0.08%. Conversely, individuals 21 and older may be charged with DWI if their BAC is 0.08% or higher, regardless of whether they are impaired to a noticeable degree.
Understanding the distinctions between DUI and DWI in Texas is essential for drivers of all ages. Whether you’re under 21 and subject to the zero-tolerance policy for underage drinking and driving or of legal drinking age and facing DWI allegations, it’s crucial to be aware of your rights and legal options.
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Defending Against DUI and DWI Charges
Facing DUI or DWI charges can be daunting, but it’s essential to remember that you have rights and legal options — including the ability to challenge the charges. If you chose to fight, here are some defenses your attorney may use.
Challenging the Traffic Stop
One common defense strategy in DUI and DWI cases involves challenging the legality of the traffic stop that led to the arrest. Law enforcement officers must have reasonable suspicion or probable cause to stop a vehicle. If the stop was conducted without proper justification, any evidence obtained thereafter, including field sobriety tests or chemical tests, may be deemed inadmissible in court.
Contesting Field Sobriety Tests
Field sobriety tests, such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus, are often used by law enforcement to assess a driver’s level of impairment. However, these tests are subjective and can be influenced by various factors, including weather conditions, uneven terrain, and physical or medical conditions. Challenging the reliability and accuracy of field sobriety tests can cast doubt on the prosecution’s evidence of impairment.
Disputing Chemical Test Results
Chemical tests, such as breathalyzer or blood tests, are used to measure a driver’s blood alcohol concentration (BAC) level. However, these tests are not infallible and can produce inaccurate results due to calibration errors, improper administration, or physiological factors. Challenging the reliability and validity of chemical test results through expert testimony or evidence can undermine the prosecution’s case.
Rising BAC Defense
In some cases, a defense strategy known as the rising blood alcohol concentration (BAC) defense may apply. This defense argues that at the time of driving, the defendant’s BAC was below the legal limit, but it rose to an illegal level by the time the chemical test was administered. Factors such as the rate of alcohol absorption, recent consumption, or the presence of food in the stomach can support a rising BAC defense.
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Douglas Wilder
Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
Fighting for Texans’ Rights
Understanding the difference between DUI and DWI is essential for anyone navigating the legal landscape of Texas. While both offenses involve impaired driving, they carry distinct legal implications based on factors such as age, blood alcohol concentration, and the severity of the offense.
At Wilder Law Firm, we recognize the complexity and seriousness of DUI and DWI charges. If you or a loved one is facing allegations of impaired driving, it’s crucial to seek experienced legal representation to protect your rights and explore all available defense options.
Our team is here to provide personalized guidance and advocacy tailored to your individual needs. With our knowledge and dedication, we’ll work tirelessly to pursue the best possible outcome in your case.
Don’t face DUI charges alone. Contact Wilder Law Firm today for a consultation and let us help you navigate the legal process with confidence and peace of mind. Your future and freedom are our top priorities.