If you’ve been charged with high or drunk driving in Texas, you may be confused about whether you’re facing a DWI or DUI charge. This confusion is completely understandable, as these terms are often used interchangeably in everyday conversation, on TV shows, and even by some law enforcement officers during traffic stops.
In Texas law, however, these charges are quite distinct:
- DUI specifically applies to minors under 21 who have any detectable amount of alcohol in their system while driving, even if they’re not legally intoxicated.
- DWI, on the other hand, applies to drivers of any age who are legally intoxicated, meaning either their blood alcohol concentration is 0.08 or higher, or they’ve lost the normal use of their mental or physical faculties due to alcohol or drugs.
If you are facing DWI vs DUI charges in Texas, securing experienced legal representation is essential. Attorney Javier Guzman has extensive knowledge of Texas law and is prepared to help you defend your rights. Schedule a consultation today or call (956) 516-7198 to discuss your case.
What is the difference between a DUI and a DWI?
The terms DUI and DWI are defined under different sections of the Texas Penal Code. Here’s how they differ:
Does Texas use DUI or DWI?
Texas primarily uses the term DWI, which stands for “driving while intoxicated.” Under Texas Penal Code § 49.04, a person commits DWI when they operate a motor vehicle in a public place while intoxicated. “Intoxicated” is defined as having a blood alcohol concentration (BAC) of 0.08% or higher, or lacking the normal use of mental or physical faculties due to alcohol, drugs, or both.
A DUI (driving under the influence), on the other hand, applies to minors under Texas Alcoholic Beverage Code § 106.041. This statute makes it illegal for anyone under 21 to operate a motor vehicle with any detectable amount of alcohol in their system. So only people under 21 who have less than .08% BAC would likely be charged with a DUI. Unlike DWI, DUI Texas penal code does not require proof of intoxication — merely the presence of alcohol.
Are DWIs and DUIs prosecuted differently?
Yes, DUIs and DWIs in Texas are prosecuted very differently. DWIs are generally more severe, with higher penalties, including jail time, fines, and license suspensions. DUIs for minors are considered Class C misdemeanors, punishable by fines, community service, alcohol education classes, and temporary license suspension. However, repeat DUI offenses or circumstances involving high BAC levels or accidents can escalate charges.
Can you drive in Texas after a DWI?
Being charged with a DWI can significantly impact your driving privileges. Depending on the outcome of your case, you may face license suspension or revocation. However, Texas law allows drivers to contest these penalties through an Administrative License Revocation (ALR) hearing.
What is an ALR hearing?
An ALR hearing is an administrative process that determines whether your driver’s license will be suspended following a DWI arrest. It is separate from your criminal trial and focuses on the circumstances surrounding your arrest, such as whether you refused a breath or blood test or if your BAC exceeded the legal limit.
To retain your license, you must request an ALR hearing within 15 days of your DWI arrest. At the hearing, your attorney can challenge the evidence against you and cross-examine law enforcement officers. While the ALR process does not determine guilt or innocence in your criminal case, a favorable outcome can allow you to retain your driving privileges.
If you or a loved one has been charged with a DWI and has not already requested an ALR hearing, you need to move fast. Contact a skilled DWI attorney (like Javier Guzman) before the 15 day window closes and ask them to save your license. It is important to note that even if you go on to win your DWI case, if your license is suspended at an ALR hearing, this DWI-related license suspension may remain on your record long after the criminal charge is gone.
Is DWI considered a felony in Texas?
The classification of a DWI as a felony or misdemeanor in Texas depends on the circumstances, including prior convictions, BAC levels, and whether the incident involved injuries or fatalities.
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Penalties for DWI in Texas (1st offense)
A first DWI offense in Texas is generally a Class B misdemeanor, punishable by:
- Up to 180 days in jail
- A fine of up to $2,000
- License suspension of 90 days to 1 year
- A DWI education program and potential ignition interlock device installation
If your BAC exceeds 0.15%, the charge may be elevated to a Class A misdemeanor, with harsher penalties.
Penalties for DWI in Texas (2nd offense)
A second DWI offense is generally a Class A misdemeanor, with penalties including:
- Up to 1 year in jail
- A fine of up to $4,000
- License suspension of 180 days to 2 years
- Mandatory ignition interlock device installation and completion of a DWI education program
Repeat offenses, cases with aggravating factors (high BAC, children in the car), or cases involving injury or death can escalate a DWI to a felony, carrying severe consequences such as lengthy prison sentences and permanent loss of driving privileges.
Legal defenses for DWI vs. DUI in Texas
Both DWI and DUI charges can be challenged with the right legal strategy. Common defenses include:
- Challenging the legality of the traffic stop: Police must have reasonable suspicion to stop your vehicle. Any violation of your Fourth Amendment rights could lead to the dismissal of evidence.
- Questioning BAC test results: Breath and blood tests are not infallible. Improper calibration, handling errors, or medical conditions could affect results.
- Arguing lack of intoxication: If your actions did not indicate impairment, your Laredo DWI attorney can challenge claims that you were intoxicated or under the influence.
- Contesting procedural errors: Missteps by law enforcement, such as failing to read Miranda rights, may invalidate parts of the prosecution’s case.
A skilled attorney will also analyze the specifics of your case to identify the most effective defense strategy.
What is the Second Chance Law in Texas for DWI?
The “Second Chance Law” in Texas allows certain first-time DWI offenders to petition for a non-disclosure order, sealing their criminal records from public view. Under Texas Government Code § 411.0731, individuals may qualify if they meet specific conditions, such as completing their sentence, probation, or deferred adjudication. The law applies only to non-violent offenses without accidents or injuries, and BAC levels must not exceed 0.15%.
While the record remains visible to law enforcement and some licensing agencies, this law offers eligible individuals a fresh start by limiting the impact of a DWI conviction on their future opportunities.
Facing DWI vs DUI charges in Texas? Guzman Law Firm will review your case.
If you’ve been charged with DWI vs DUI in Texas, the legal team at Guzman Law Firm is ready to help. Javier Guzman has extensive experience defending clients against complex alcohol-related driving charges, ensuring your rights are protected at every step. Whether this is your first offense or a repeat charge, our firm will thoroughly investigate your case and build a defense tailored to your circumstances.
Don’t let a DWI or DUI define your future. Schedule a consultation or call (956) 516-7198 Guzman Law Firm today to start fighting for your rights.
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