The terms Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are often used interchangeably in casual conversation, but there are some key differences depending on which state or jurisdiction you’re in. Under Texas law, a person is considered to be intoxicated if their blood alcohol concentration (BAC) is .08% or higher, or if they are impaired by drugs or alcohol to the extent that they cannot safely operate a vehicle.
Are DUIs and DWIs Different?
In Texas, there is no legal difference between DUI and DWI. The terms are often used interchangeably to refer to the same offense, which involves driving a vehicle while impaired by drugs or alcohol. However, the term DUI is reserved for situations in which someone under the age of 21 drives impaired by drugs or alcohol. Additionally, if the defendant is under 18, the charge may become Driving Under the Influence as a Minor (DUIM). Both DUI and DUIM have a zero-tolerance policies regarding the “legal limit,” because the legal drinking age is 21.
What Are The Consequences Of A DWI or DUI In Texas?
A DWI conviction in Texas can result in severe legal consequences, including fines, license suspension, and even jail time, particularly for repeat offenders or those whose actions caused injury or death to others. It is important to remember that driving under the influence of drugs or alcohol is dangerous and can have serious consequences, but you still deserve the right to have an impartial attorney who will not pass judgment.
The greater number of times someone is convicted of a DWI, the greater the consequences. The Texas Department of Transportation outlines the exact penalties which are in addition to potential state fines assessed upon sentencing:
First Offense – A fine of up to $2,000, up to 180 days in jail, and the suspension of your driver’s license up to a year.
Second Offense – A fine of up to $4,000, a month to a full year in jail, and the suspension of your driver’s license for up to two years.
Third Offense – A fine of $10,000, with two to 10 years in prison, and the suspension of your driver’s license for up to two years.
DWI With Child Passenger – A fine of $10,000, up to two years in jail or prison, and the suspension of your driver’s license, with the additional possibility of being charged with child endangerment.
If you have been charged with a DUI or a DWI, there is no time to waste. The outcome of your case could be the difference between freedom or imprisonment. If you have been charged with a crime involving alcohol, contact the Law Office of Charles A. Banker for a free consultation.
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