The Difference Between DUI and DWI in Texas
Drunk driving laws in Richmond, Texas, and all across Texas, are tough, and the terms surrounding these offenses can often cause confusion—especially when it comes to the difference between DUI and DWI. While both refer to impaired driving, they don’t carry the same legal implications or consequences. The specific charges, penalties, and definitions can vary.
McDougal Law Firm works with individuals throughout Texas to provide clarity, build strong defenses, and fight for better outcomes. Let’s look at how Texas defines DUI and DWI, who they apply to, the penalties involved, and why working with a drunk driving lawyer is so important.
How Texas Defines DUI and DWI
Texas uses two main legal terms for impaired driving: DUI (Driving Under the Influence) and DWI (Driving While Intoxicated). Although they sound similar, they apply to different age groups and scenarios under Texas law.
DWI is the more serious and commonly charged offense. It applies to adults (21 and over) who are caught operating a motor vehicle while intoxicated. According to Texas Penal Code §49.04, intoxication means not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination, or having a BAC of 0.08% or higher.
DUI, on the other hand, is a charge used only for minors under the age of 21. Under Texas Alcoholic Beverage Code §106.041, any detectable amount of alcohol in a minor’s system while driving is grounds for a DUI charge. The state follows a strict zero-tolerance policy for underage drinking and driving.
Key Differences in How DUI and DWI Are Charged
The difference between these charges doesn’t just lie in the person’s age—it also affects how the offense is charged and prosecuted. In Texas, DUI is typically a Class C misdemeanor and is punishable by fines, community service, alcohol education, and license suspension. It doesn’t carry jail time for first offenses.
DWI, on the other hand, is usually a Class B misdemeanor for a first offense but can be elevated to a Class A misdemeanor or even a felony based on aggravating factors such as a high BAC, prior offenses, or having a child passenger in the vehicle. DUI charges require only that there be detectable alcohol in someone under 21—there’s no minimum BAC threshold.
DWI charges require proof of impairment or a BAC of 0.08% or higher and can also apply to drug-related impairment. For someone under 21, a DUI may seem minor, but it can still result in long-term consequences like a permanent criminal record. That’s why speaking with a drunk driving lawyer is always a smart move—regardless of the charge.
Penalties You Might Face for DUI or DWI
Texas courts don’t treat impaired driving lightly. Whether you're charged with DUI or DWI, the penalties can affect your freedom, your license, and your future. The specific punishment depends on the circumstances of the case and whether it’s a first offense or a repeat violation.
Typical penalties for DUI include fines up to $500, 20 to 40 hours of community service, a mandatory alcohol awareness class, and a 60-day driver’s license suspension. For a first-time DWI, penalties can include up to $2,000 in fines, up to 180 days in jail (with a minimum of 3 days), and a license suspension lasting from 90 days to 1 year.
Penalties increase for second and third DWI offenses or when the offense involves injury, property damage, or a passenger under the age of 15. In those cases, felony charges may apply, carrying the possibility of years in prison.
How Law Enforcement Decides Which Charge Applies
When law enforcement stops a driver on suspicion of impaired driving, officers consider several factors before deciding whether to file a DUI or DWI charge. Age is the first indicator. If the driver is under 21, officers will typically check for any presence of alcohol, regardless of how much.
For drivers 21 and older, police will often conduct field sobriety tests, request a breathalyzer, or seek a blood test to determine BAC. If a driver’s BAC is 0.08% or higher—or if they fail a field sobriety test—they can be charged with DWI. Officers may also charge DWI based on signs of drug impairment, even if alcohol isn't involved.
A drunk driving lawyer can question whether the stop was lawful, whether the tests were administered properly, or whether the results are reliable. These are often the foundation of a strong defense.
What Prosecutors Need to Prove
DUI and DWI cases require different standards of proof, and prosecutors must present evidence that meets the specific legal criteria for each charge. In DUI cases, they need to show that the driver was under 21, had alcohol detected in their system, and was operating a motor vehicle in a public place.
In DWI cases, the prosecution must prove that the driver was operating a motor vehicle in a public place and was intoxicated, either by exceeding the legal BAC limit or showing clear signs of impairment. Because the burden of proof differs between these charges, the defense strategies do too.
A drunk driving lawyer from the McDougal Law Firm will tailor their approach based on the available evidence, the age of the defendant, and the circumstances surrounding the stop and arrest.
Common Defenses to DUI and DWI Charges
If you’ve been charged with either DUI or DWI, you may think that pleading guilty is your only option—but that’s not true. There are many legal defenses that a drunk driving lawyer can use to challenge the charge or reduce the penalties.
Defenses that may apply include:
Lack of probable cause: If the officer didn’t have a legal reason to stop you, the entire case may be thrown out.
Inaccurate test results: Breathalyzers and blood tests aren’t always reliable and can be challenged in court.
Improper field sobriety testing: Officers must follow strict procedures—if they don’t, the results may be inadmissible.
Medical conditions: Certain health issues can mimic signs of intoxication or interfere with test results.
Violation of rights: If your rights were violated during the arrest or booking process, that may affect the outcome.
A drunk driving lawyer will assess which defenses make sense based on the facts of your case and work to protect your record and your future.
Additional Consequences Beyond the Courtroom
Legal penalties are just one piece of the puzzle. A DUI or DWI conviction can affect nearly every part of your life, even after the fines are paid and the sentence is served.
Other consequences to consider include:
Higher insurance premiums: Drivers with DUI or DWI convictions often face thousands of dollars in increased rates.
Loss of employment: If your job requires a clean driving record or background check, a conviction could put your job at risk.
Professional license issues: Certain industries, such as healthcare or education, may discipline or revoke licenses.
Travel restrictions: Some countries may restrict entry for people with DUI or DWI convictions.
Permanent criminal record: This can follow you for life unless you're eligible for record sealing or expungement.
Because the impact reaches so far beyond the courtroom, having a drunk driving lawyer involved early on can make all the difference.
What to Expect After an Arrest
If you're arrested for DUI or DWI in Texas, the steps that follow can move quickly. It's important to know what to expect so you don’t miss deadlines or opportunities to defend yourself.
Steps after an arrest may include:
Booking and bail: After the arrest, you’ll be processed and may be released on bail.
License suspension hearing: You have 15 days from the date of arrest to request an administrative license revocation (ALR) hearing.
Court appearances: You’ll need to appear in court to enter a plea and possibly attend pre-trial hearings.
Discovery and defense: Your attorney will request evidence, challenge improper procedures, and begin building a defense.
Trial or plea deal: Depending on the case, you may go to trial or negotiate a plea for reduced charges or penalties.
Throughout this process, our lawyers at McDougal Law Firm are your advocates. They’ll handle communication with the court and prosecution, identify weaknesses in the case, and fight for the preferred outcome.
Contact the McDougal Law Firm Today
DUI and DWI charges in Texas may sound similar, but they carry different rules, penalties, and long-term effects. If you've been charged, it’s important to know your rights and take action quickly.
The sooner you speak with a drunk driving lawyer, the better your chances of protecting your record and future. McDougal Law Firm proudly serves clients in Richmond, Texas, and throughout Fort Bend County, Wharton County, Colorado County, and other areas west of Houston. Contact us today.
