When it comes to impaired driving charges in Texas, many people use the terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) interchangeably. While both involve operating a vehicle after consuming alcohol or drugs, the law makes important distinctions between the two. Knowing the difference between DWI and DUI in Texas is critical if you or a loved one is facing charges.
What Is a DWI in Texas?
A DWI is charged when someone drives a motor vehicle in a public area while:
- Having a blood alcohol concentration (BAC) of 0.08% or above, or
- Not having normal mental or physical faculties because of alcohol, drugs, or controlled substances.
In Texas, DWI is treated as a more serious offense than DUI and applies to drivers of all ages.
What Is a DUI in Texas?
A DUI (sometimes referred to as DUIA – Driving Under the Influence of Alcohol) is a charge that applies only to drivers under 21 years old. Texas follows a “zero tolerance” law, meaning that drivers under 21 can face a DUI charge if they have any trace of alcohol in their system, even with a BAC under 0.08%.
Key Differences Between DWI and DUI in Texas
- Age: DUI is limited to drivers under 21, while DWI applies to drivers of all ages.
- BAC Requirement: DUI requires only a detectable amount of alcohol; DWI requires impairment or a BAC of 0.08% or higher.
- Severity: DWI generally carries harsher penalties, including possible jail time, license suspension, and heavy fines.
Why the Distinction Matters
In Texas, the distinction between DWI and DUI goes beyond simple wording. The charge you face will determine:
- Potential penalties (fines, license suspension, jail time).
- Long-term consequences (criminal record, insurance rates, employment opportunities).
- Defense strategies your attorney can use in court.
Protect Your Rights with Legal Help
No matter if you’re charged with a DWI or DUI, it’s crucial to treat the situation with the utmost seriousness. The consequences can impact your freedom, finances, and future. An experienced criminal defense lawyer in Texas can evaluate your case, explain your options, and fight for the best possible outcome.
