In Texas, DWI (driving while intoxicated) and DUI (driving under the influence) are sometimes used interchangeably. However, they refer to two distinct offenses with different definitions, penalties, and long-term consequences.
DWI applies to adult drivers operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. On the other hand, DUI is a charge reserved for minors under the age of 21 who drive with any detectable amount of alcohol in their system.
These charges fall under separate statutes. Additionally, they carry different criminal penalties, insurance rates, and employment opportunities in unique ways. Understanding the difference between a DUI and a DWI is crucial for individuals facing charges. Navigating the complexities of drunk driving laws in Texas can be challenging. Therefore, you will need the insight of a reliable attorney.
Common differences between DWI and DUI under Texas law include:
Difference in Expungement and Record Sealing
The rules for expunging or sealing records related to DUI and DWI offenses differ in Texas. Knowing these distinctions is crucial for anyone navigating Texas drunk driving laws and looking to clear their criminal record.
DWI Convictions
You cannot expunge a conviction for a driving while intoxicated offense. It means the record will remain on your criminal history. However, there are exceptions. You are eligible for sealing if you received deferred adjudication for your DWI charge and completed your probation successfully.
You can seal your record by filing a Petition for Non-Disclosure. Sealing a record means it remains hidden from most public view but still exists on your record for certain government agencies.
DUI Convictions
DUI laws and their treatment in Texas differ slightly from DWI. If the court dismissed your DUI case or granted deferred adjudication, you are eligible for expungement. Expungement means the record is erased, as if the offense never occurred. An expungement is a stronger form of record relief than sealing.
Expungement can help prevent future employers, landlords, or the public from seeing the record. However, the expungement is not available if you faced a conviction for DUI.
Difference in Level of Impairment
A key difference between DUI and DWI lies in the level of impairment required for each charge.
Driving While Intoxicated
A DWI charge is based on a clear legal limit for blood alcohol concentration. For DWI, the legal BAC limit is 0.08% or higher. If a driver’s BAC is at or above this level, they are considered legally intoxicated. It means that alcohol or drugs impair their ability to drive a motor vehicle. Even if a driver’s BAC is below 0.08%, they can still be charged with DWI if an officer observes that their driving ability is impaired.
Driving Under the Influence
A DUI charge is different from DWI since the primary focus is not the impairment. DUI in Texas applies to minors under 21 years old driving with a measurable amount of alcohol in the blood. Unlike DWI, a blood alcohol content as low as 0.01% can result in an arrest and conviction for DUI.
A driver's level of impairment is not a factor in teh arrest. This means that the minor does not need to show signs of intoxication to face an arrest and conviction for the offense.
Difference in the Legal Basis and Statutes
In Texas, DWI and DUI are two distinct offenses, each with its own legal basis and requirements.
DUI
DUI, or driving under the influence, in Texas refers specifically to minors who drive with alcohol in their system. Texas Alcoholic Beverage Code, Section 106.041, addresses DUI. The law focuses on drivers under the age of 21. For a DUI charge against a minor, the state does not have to prove that the person was impaired or unable to drive safely.
The only requirement is that the minor has a detectable amount of alcohol in their blood or breath. Even the slightest trace of alcohol can lead to a DUI charge for a minor. The strict rule reflects Texas’s zero-tolerance policy for underage drinking and driving.
DWI
Driving While Intoxicated, however, applies to all drivers regardless of age. Texas Penal Code, Section 49.04, covers the offense of driving while intoxicated. Unlike DUI for minors, DWI involves actual intoxication by alcohol or drugs. To convict someone of DWI, the prosecution must show that the driver was impaired to some degree.
Prosecutors prove the level of impairment through physical signs of intoxication. Additionally, they can use evidence that the driver’s blood alcohol concentration was 0.08% or higher. A BAC of 0.08% is the legal limit in Texas for intoxication. If the driver’s BAC is below this threshold, the state may still try to prove intoxication by showing other evidence of impairment.
These could include signs of intoxication, such as poor driving or failed field sobriety tests. Because DUI charges for minors do not need proof of impairment, they focus on the presence of alcohol. Meanwhile, DWI charges require proof that intoxication affected the driver’s ability to operate the vehicle safely.
Difference in Penalties and Consequences
Texas law is strict on DWI and DUI offenders. However, the penalties you could face for each offer differ:
DWI Penalties in Texas
Driving while intoxicated is a serious offense in Texas, and the penalties become more severe with each subsequent conviction. These penalties apply to adult drivers who operate a motor vehicle while intoxicated by alcohol or drugs.
- First offense. A first offense DWI is charged as a Class B misdemeanor. Penalties for the offense can include fines up to $2,000 and jail time ranging from 3 to 180 days. The court may also suspend the driver's license for up to one year. Sometimes, the judge may require the offender to attend a DWI education program. If the driver's blood alcohol concentration (BAC) is 0.15% or higher, additional penalties can apply. These penalties include the installation of an ignition interlock device (IID).
- Second offense. A second DWI in Texas is a Class A misdemeanor. The penalties in this case include fines of up to $4,000 and a jail sentence of up to one year. Additionally, you will face a driver's license suspension for up to two years. Offenders are often required to complete alcohol treatment programs and serve probation. The court may mandate the use of an IID during the probation period.
- Third offense. A third DWI offense is treated as a felony in Texas. Fines can reach up to $10,000 for this offense. After a conviction, the court can sentence you to a prison sentence of 2 to 10 years. A two-year suspension of the driver's license is also likely. Felony convictions carry long-term consequences. They include a loss of some civil rights and difficulty finding employment.
Additional DWI consequences include:
- Increased insurance rates
- Permanent criminal records
- Mandatory community service
Courts may also require offenders to attend victim impact panels or undergo substance abuse assessments.
DUI Penalties in Texas
Driving Under the Influence (DUI) in Texas generally applies to minors under the age of 21 years. The penalties for the offense include:
- First offense. A first DUI is a Class C misdemeanor. Penalties can include a fine of up to $500, 20 to 40 hours of community service, and mandatory attendance at alcohol awareness classes. The court may also suspend the minor's driver's license for up to 60 days.
- Subsequent offenses. The penalties increase significantly with an increase in prior convictions. The court may impose higher fines and heightened community service requirements. License suspensions also become longer. In more severe cases, minors may even face jail time.
Difference in Severity of the Offense
Offenses in Texas are charged as misdemeanors or felonies. The nature of the charges varies depending on the severity of the offense. DUI and DWI vary in severity.
DUI (Driving Under the Influence)
A DUI is usually a Class C misdemeanor, which is the least severe type of misdemeanor. It often applies to drivers under age 21 or those with a small amount of alcohol in their system. A first-time DUI typically leads to fines and license-related penalties. The driver may be required to attend alcohol education classes. Jail time is not part of the penalty for a first offense. The law focuses more on correcting behavior than on punishment. However, penalties may increase if the situation involves an accident or a child in the car.
DWI (Driving While Intoxicated)
A DWI is more serious than a DUI. It usually starts as a Class B misdemeanor for the first offense. The charge applies when the driver has a high blood alcohol level or is impaired. Penalties can include fines, jail time, license suspension, and use of an ignition interlock device.
A second or third offense can raise the charge to a Class A misdemeanor or a felony. A felony DWI can result in long-term jail time, higher fines, and a criminal record that may affect future job opportunities. Penalties increase if someone is hurt or killed, or if the driver refuses BAC testing.
Difference in Ignition Interlock Device Requirement (IID)
An IID is a breathalyzer device installed on the dashboard of a vehicle. It tests your BAC level from your breath. It ensures that drivers do not operate with a detectable alcohol amount. In Texas, ignition interlock device rules differ between DUI and DWI offenses.
DUI
DUI is a less serious offense than DWI in Texas. For this reason, courts do not order ignition interlock device installation for the offense. Instead, the court focuses on education and helping drivers change their behavior. Courts usually order alcohol awareness classes or treatment programs.
These programs aim to stop future drunk driving by teaching, not by mechanical restrictions. However, the court may order an IID installation for DUI repeat offenders or high-risk cases. Whether you will need the device depends on the judge and the county.
DWI
In contrast, DWI offenders will require an ignition interlock device. Texas courts frequently make it a condition of bond or probation. The requirement is common when the driver’s blood alcohol content (BAC) is 0.15% or higher.
If the court imposes the IID for your case, you must install the device on any vehicle you use. You will shoulder the cost of installation and maintenance of the device. The device blocks the car from starting if the driver’s BAC is above a set limit, usually 0.02%.
The rule helps keep roads safer by preventing intoxicated driving. The court uses the device to track offenders. Failure to install or use the IID correctly will result in more serious penalties or license suspension.
Difference in Administrative Penalties
The penalties of DWI and DUI do not stop with fines and incarceration. Even before your case goes to court, you may face administrative penalties. These penalties are another way in which these offenses differ.
DWI (Driving While Intoxicated)
A DWI applies to drivers aged 21 or older. It means operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The administrative penalties for a first offense DWI include:
- License suspension for 90 days to 1 year.
- A possible occupational license is available during suspension.
You will face a license suspension of up to 2 years for a second DWI offense. The suspension is longer if the previous DWI involved refusal to take the chemical tests or serious injury. If your BAC is 0.15% or higher, the court may order you to install an Ignition Interlock Device even for the first offense.
If you refuse a breath or blood test, you will face an automatic 180-day license suspension. After a DWI arrest in Texas, you can request an Administrative License Revocation (ALR) hearing within 15 days. During the hearing, you can defend against the administrative penalties. Seeking expert legal insight is necessary while you navigate this hearing.
DUI
In Texas, DUI is a charge given only to minors (under 21) with any detectable amount of alcohol in their system, even below the legal limit. Therefore, the offense's administrative penalties are lower and depend on the offender's criminal record.
- You will face a license suspension for up to 60 days for a first offense, a mandatory alcohol education program, and community service for 20 to 40 hours.
- You would face a license suspension of up to 120 days and more community service hours for a second offense.
- For a third offense, the license suspension increases to 180 days with referral to juvenile court.
Difference in the Impact on Insurance and Employment
A DUI conviction in Texas is less severe than a DWI. However, it can still negatively affect a person’s insurance rates and employment prospects. Since it applies to minors, a conviction can increase auto insurance premiums, as insurers may view the individual as a higher risk. Some employers may consider even a minor alcohol-related offense problematic during background checks.
A DWI is more damaging to your financial, professional, and personal reputation than a DUI. Insurance premiums can double or even triple; some providers may cancel the policy. A DWI also carries a stronger social stigma. The conviction may disqualify you from employment in industries requiring a clean driving record or security clearance. Professional licensing boards may impose sanctions or deny licensure.
Difference in the Application of Implied Consent Laws
In Texas, both DUI and DWI fall under the implied consent law. It means that by driving on Texas roads, you automatically agree to submit to a chemical test if you are under suspicion of drunk driving.
DUI
For a DUI, refusal to take a test can result in an automatic license suspension. The suspension can last 180 days for a first refusal. The officer may still charge the minor with DUI based on other evidence, such as the smell of alcohol or an open container.
DWI
For a DWI, the consequences of refusal are more severe. Refusing a test can lead to license suspension, which can last up to two years for repeat offenders. In court, refusing to take the tests is evidence of guilt. Prosecutors often argue that the refusal suggests the driver had something to hide. Also, if the driver refuses but the officer has a warrant, the court can order a mandatory blood draw.
Find Expert Legal Insight Near Me
Although DUI and DWI are commonly confused, they are distinctly different under Texas law. A DUI applies only to minors under the age of 21. It involves any detectable amount of alcohol, even if the individual is not intoxicated. The offense carries lighter penalties, including fines, community service, and temporary license suspensions.
In contrast, a DWI applies to adults and involves driving with a BAC that exceeds the legal limit. DWI charges are much more serious, resulting in jail time, heavy fines, long-term license suspension, and a permanent criminal record.
The legal and collateral consequences of both offenses are life-changing. If you or a loved one is facing a DUI or DWI charge in Texas, you must seek experienced legal representation. At Andrew Deegan Criminal Attorney at Law, we offer expert legal insight for our clients battling criminal charges in Fort Worth, TX. Call us at 817-689-7002 to discuss your case.
