DWI vs. DUI Lawyer in the Dallas Fort Worth Area

What is the difference between DWI and DUI? Even though DWI and DUI are commonly used interchangeably, in Texas, DWI and DUI are two separate criminal charges. DWI, or Driving While Intoxicated, is the most common charge for drinking and driving. DUI, or Driving Under the Influence of Alcohol by a Minor, is a separate criminal charge. 

Driving While Intoxicated (DWI) 

A person commits a DWI if the person is intoxicated while operating a motor vehicle in a public place. Usually DWI cases come down to whether a person is intoxicated. The state can prove "intoxication" two ways - a breath/blood test or by generally observing a person's conduct. If a person gives a breath or blood test and the result is 0.08 or greater, Texas law says they're intoxicated. But even if a person does not submit to a breath/blood test, they can be found to be intoxicated if they appear to have lost their normal faculties due to drinking or taking drugs (illegal, prescription, and/or over-the-counter). A first-time DWI is a class-B misdemeanor carrying a range of punishment of up to 6 months in county jail and up to a $2,000.00 fine. A second-time DWI is a class-A misdemeanor carrying up to 1 year in county jail and up to a $4,000.00 fine. Three or more DWI's gets you a felony carrying prison time and up to a $10,000.00 fine. See: Texas Penal Code 49.04.

For more information on DWI, click here.

For what to expect if you're charged with a DWI, click here.  

Driving Under the Influence of Alcohol by a Minor (DUI)

A person commits a DUI if the person is a minor and operates a motor vehicle in a public place while having any detectable amount of alcohol in their system. In a DUI, the state only has to prove any detectable amount of alcohol - again by breath/blood test or by generally observing the person's conduct. A first-time DUI is a class-C misdemeanor carrying a range of punishment of up to a $500.00 fine. After two DUI convictions, a third DUI becomes a class-B misdemeanor carrying a range of punishment of up to 6 months in county jail and up to a $2,000.00 fine. See: Texas Alcohol Beverage Code 106.041.