Skip to content
Texas Lawyers Blog – Taking Care of Texas
Menu
  • Home
  • DWI / DUI
    • Penal Code
      • Criminal Procedure
      • Evidence
  • Immigration
    • Houston
  • Family Law
    • Houston Divorce Lawyers
    • Pearland Divorce
    • Texas Divorce Process
    • How To Adjudicate Parentage in Texas
  • Civil Law
  • Texas Law Articles
Menu
DUI vs DWI In Texas

DUI vs DWI In Texas

Posted on October 16, 2019December 2, 2019 by 2nd Year Intern

DUI vs DWI In Texas

The terms ‘Driving while intoxicated’ (DWI) and ‘driving under the influence’ (DUI) can be used interchangeably in most cases, but there is a legal distinction between these terms in Texas.  Both terms refer to an individual operating a vehicle in a public space while intoxicated. An intoxicated person lacks normal use of mental and physical faculties because of the use of a drug, or alcohol, or a controlled substance. Your DWI/DUI lawyer in Texas can explain to you what each acronym stands for and advice you on what you should do when you are arrested. 

Differences Between A DUI and DWI In Texas

In most other states a DUI is the only acronym used for crimes involving driving under the influence of drugs or alcohol. In Texas, if a person under the age of 21 is found to be driving while under the influence of alcohol, that person will be charged with a DUI. People under the age of 21 can be charged with a DUI if they drive with any detectable amount of alcohol in their system. It doesn’t matter if their BAC is less than .08. 

People over the age of 21 can be charged with a DWI if they operate a vehicle while legally intoxicated. You are legally intoxicated if you have a BAC of .08 or over or you are impaired by drugs. Texas law can only consider you intoxicated while you are operating your vehicle in a public place. In a nutshell, a DUI applies to people under the age of 21 and DWI applies to people over that age.

Penalties Of DWIs And DUIs

DUI vs DWI In TexasGenerally DWIs are classified as Class B misdemeanors except when an individual’s BAC is .15 or higher. A first time DWI offense may result in a $2,000 fine, a jail sentence of 3 to 180 days, and loss of driver’s license for up to a year. For DWI offenders with a BAC of 0.15 or more, a jail time of up to one year is a possibility. Any subsequent DWI offense results in larger fines and more jail time. 

DUIs are Class C misdemeanors that may result a $500 fine, a 30 to 180 day driver license suspension, 8 to 40 hours community service, and mandatory alcohol-awareness classes. There is no jail time for DUIs but the penalties become more severe second or third offenses. Just like DWIs, DUIs that result in a conviction will show up on your record and affect opportunities for jobs, education and more.

How A DWI/DUI Lawyer Can Help

An experienced lawyer will be of great help whether you are arrested for a DWI or DUI. Your lawyer will answer all the questions you have about either of the two offenses. These can be questions about sobriety tests, possible penalties you may face, whether to plead guilty or not and more. You need a lawyer that specifically handles DWI court cases not a general attorney if you want a favorable outcome for your case. The reason for this is that DUI/DWI laws are complex and require an in-depth understanding. 

You may also be interested in…

  1. Need A DWI Lawyer In Fort Bend?
  2. Texas No-Fault Divorce
  3. How To Adjudicate Parentage in Texas

Article Rundown

  • DUI vs DWI In Texas
  • Differences Between A DUI and DWI In Texas
  • Penalties Of DWIs And DUIs
  • How A DWI/DUI Lawyer Can Help
    • You may also be interested in…

Lawyer Spotlight

This month we feature Eric Benavides a criminal attorney in Houston, Texas. He is the founder of The Benavides Law Group. We find many media outlets and reporters and bloggers wanting to quote his blog at EricBenavides.com or our blog at HoustonCriminalAttorney.us, and in order to further facilitate these media mentions, our owner has commissioned this 2nd legal blog here at TakingCareOfTexas.org. Contact us at this DUI Lawyer Cost & Fees Website.

Recent Posts

  • How to terminate Child Support Arrears in Texas?
  • What disqualifies you from filing Bankruptcies in TX?
  • Can an SBA loan be Discharged in Bankruptcy
  • What is the average time for Foreclosure in TX?
  • How to prevent Foreclosure in Texas?
  • How does Custody work when one Parent lives out of state
  • What happens if a Non-Custodial Parent moves?
  • What can you do if a Mother keeps a Child from her Father?
  • Can a Father take a Child without Mother’s consent in TX?
  • What can you do if your Spouse takes your Child?

RSS In the News

  • Ex-Cop Accused Of Molesting Teen While On The Job Set For September Trial - TXK Today April 29, 2026
    Judge Tidwell scheduled Gilley's case for jury selection the week of Sept. 14. Gilley is facing two counts of sexual assault of a child, a single ...
  • Texas elementary school teacher accused of sexually assaulting child as police search for ... April 29, 2026
    An elementary school teacher in San Antonio, Texas, has been arrested and charged with continuous sexual assault of a child.
  • Austin man sentenced 130 years for child sexual assault cases - Houston Chronicle April 29, 2026
    The investigation began in April 2024 after the victim reported that Hood had sexually assaulted her multiple times in the Williamson County part of ...

Legal Disclaimer

Nothing on this website should be considered valid legal advice, nor is it intended to be. Never believe anything you read on the internet, even if it is found on a law related blog.

© 2026 Texas Lawyers Blog – Taking Care of Texas | Powered by Superbs Personal Blog theme