Defining DUI vs. DWI

In Texas, DWI stands for Driving While Intoxicated and it means operating a vehicle while intoxicated. This can mean a blood alcohol concentration (BAC) of 0.08% or higher, or the DWI offense could be based on drugged driving, even if you are on a prescription medication.

The term DUI, or Driving Under the Influence, is typically used when a minor (someone under the age of 21) is found driving with any detectable amount of alcohol in their system. This distinction makes it clear that, while both offenses involve impaired driving, the specific charges and potential consequences for the driver can vary greatly. Typically, the penalties of a DUI stay lower, even if the juvenile is convicted (found guilty) of the crime.

Intoxicated or Impaired Operation of Motor Vehicle?

Impaired driving encompasses more than just alcohol intoxication. The use of a controlled substance or drugs can also lead to a DWI charge if a law enforcement officer determines that a driver’s ability to operate a vehicle safely has been compromised. Through field sobriety tests and chemical tests, such as a breathalyzer test or blood testing for drugs, officers assess a driver’s level of impairment at the traffic stop.

DUI vs. DWI: Key Differences

The key differences between DUI and DWI in Texas hinge on the driver’s age, substance involved, and level of impairment. While DUI charges primarily target underage drivers with any alcohol in their system, a DWI refers to charges that can apply to all drivers based on the legal limit of blood alcohol content or evidence of drug impairment.

Impaired Driving Laws by State

Texas’s approach to tackling impaired driving is similar to other states, yet unique laws and penalties exist. For instance, while the legal BAC limit is 0.08% across many states, the penalties and methods for enforcing these laws can vary, affecting everything from car insurance rates to the possibility of license suspension.

If the BAC is over 0.15%, or if you have had a previous conviction for driving drunk, even a first DWI will be charged as a class A misdemeanor.

DUIs and DWIs. Will Drunk Driving Impact My Car Insurance Rates?

Yes, both DUI or DWI convictions can significantly impact car insurance rates. Insurance companies are set by the insurance company with a view that individuals convicted of these offenses as high-risk drivers. This can lead to increased premiums or even policy cancellations. The duration of this impact can extend from a few years to permanently, depending on the insurance company’s policies and the severity of the offense.

Potential Consequences of a DWI or DUI

The potential consequences of a DWI or DUI in Texas are severe and varied. They can include jail time, fines, community service hours, and mandatory attendance in alcohol education programs. Additionally, convicted drivers can face long-term implications such as a DUI conviction or DWI conviction appearing on their driving record, affecting employment opportunities and resulting in higher insurance premiums. Because DUIs are limited to charges vs minors in Texas, these will be handled in juvenile court, except for some rare exceptions. Additionally, a DUI or DWI can impact your driver’s license and your insurance record.

There are especially severe consequences for felony DWIs, such as Safe-P, a 3-4 month in patient program where the defendant is geld in custody, significant jail time, long terms of probation and hefty fines.

How an Attorney Can Help with DUI and DWI Charges

An experienced attorney can provide invaluable assistance to those facing a first DUI or DWI for intoxicated driving. From negotiating with prosecutors to challenging the evidence in court, legal representation can significantly affect the outcome of a case. In some instances, an attorney may even get a DWI charge dismissed, depending on the circumstances surrounding the arrest and the evidence collected. If it is possible, avoiding a DWI conviction is important for your future.

Additionally, a criminal defense attorney can help in other ways. An attorney can challenge the driver’s license suspension to keep you driving while the case is pending. He can limit or eliminate consequences like jail time, fines, or community service. In some cases, he can have a more serious charge like a felony DWI reduced to a misdemeanor, or a second offense DUI reduced to be considered a first offense.

Contact ATX Legal for a Free Consultation

If you or a loved one is facing a DUI or DWI charge for drunk driving, you should seek the advice of a criminal attorney. The right lawyer can make a huge difference in the outcome of your case. ATX Legal serves Travis, Williamson and Hays Counties, and we offer free consultations on criminal offenses, including DUI and other alcohol charges.