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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?
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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.

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