In Texas, the terms “DWI” (Driving While Intoxicated) and “DUI” (Driving Under the Influence) are often confused. However, they actually have different legal meanings entirely.
It is important for Texas drivers to fully understand the difference between these two offenses.
DWI applies mostly to adults
In Texas, a DWI refers to driving while intoxicated by alcohol or drugs. Law enforcement can charge an individual with a DWI if they operate a vehicle with a blood alcohol concentration of 0.08% or higher. The charge can also apply if the driver shows signs of impairment, even if their BAC is below 0.08%. This offense specifically applies to adults aged 21 and over.
DUI is primarily a charge for minors
A DUI in Texas specifically applies to individuals under 21 who drive with any detectable amount of alcohol in their system. Texas has a “zero tolerance” policy for underage drinking and driving. Even a small amount of alcohol can lead to a DUI charge for a minor. Unlike a DWI, where authorities must prove the presence of impairment, a DUI charge for minors only requires that the police detect any alcohol in the driver’s system whatsoever.
Consequences of a DWI vs. DUI
The penalties for a DWI are generally more severe than those for a DUI. A first-time DWI offense can lead to fines of up to $2,000, jail time ranging from three to 180 days and a driver’s license suspension of up to one year. Additional penalties may apply if aggravating factors are present, such as a high BAC or an accident resulting in injury.
A DUI, on the other hand, usually results in lighter penalties for first-time offenders. These penalties may include fines up to $500, community service, alcohol education classes and a driver’s license suspension of up to 60 days. However, repeated offenses can lead to more severe consequences.
All Texas drivers should be aware of different impaired driving offenses, especially when facing suspicion of drunk driving. DUI and DWI offenses both carry serious consequences, but staying informed can help avoid these legal issues.