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DUI vs DWI in Texas: What’s the Difference?

Graham Norris

I founded Norris Legal Group to advocate for people who have been accused of a crime.

In Texas, a DUI (Driving Under the Influence) is different from a DWI (Driving While Intoxicated). A DWI generally applies to adults (and is a more serious charge), while a DUI is typically for minors under the age of 21 who have consumed alcohol but are not legally intoxicated.

In this blog post, you will learn the key differences between a DUI and a DWI in Texas. We’ll explain what each charge means, who they apply to, and the penalties involved. Understanding these differences can help you know what to expect if you or someone you know faces these charges.

Breaking Down DUI vs. DWI in Texas

In Texas, DUI and DWI charges serve different purposes and apply to different groups of people. It’s important to understand what each term means and the specific circumstances under which each charge is given.

Definition of DWI in Texas

A DWI in Texas stands for Driving While Intoxicated. This charge applies to adults who have lost the normal use of their mental or physical faculties because they have consumed alcohol or drugs. A DWI can result in serious legal consequences, including fines and jail time.

Definition of DUI in Texas

A DUI in Texas stands for Driving Under the Influence. This charge is typically given to individuals under 21 years old who have consumed alcohol but are not legally intoxicated. Unlike a DWI, a DUI is a less severe charge and is treated as a Class C misdemeanor, similar to a traffic ticket.

Clarification on the Age-Related Distinction

In Texas, the main difference between a DUI and a DWI is age. Adults who are intoxicated will be charged with a DWI, while minors who have any detectable alcohol in their system but are not intoxicated can be charged with a DUI. However, if a minor is found to be intoxicated, they can also be charged with a DWI.

DUI in Texas: Conditions, Penalties, and More

A DUI (Driving Under the Influence) charge in Texas is specific to minors under the age of 21 who have consumed alcohol. Here are the key points to understand about DUI charges.

Conditions Under Which a DUI Is Issued:

  • The person is under 21 years old.
  • The person has consumed alcohol but is not legally intoxicated (the legal limit for blood-alcohol content (BAC) in Texas is 0.08).

Legal Consequences of a DUI Charge:

  • A DUI is a Class C misdemeanor in Texas.
  • It typically results in a ticket, similar to a traffic violation.
  • Fines and penalties may apply, but they are generally less severe than those for a DWI.

DWI in Texas: Conditions, Penalties, and More

A DWI (Driving While Intoxicated) charge in Texas is more serious than a DUI and applies to both adults and minors who are legally intoxicated. Here are the key points to understand about DWI charges.

Conditions Under Which a DWI Is Issued:

  • The person has lost the normal use of their mental or physical faculties due to alcohol or drugs.
  • This charge can apply to both adults and minors if they are intoxicated.

Breakdown of DWI Charges and Penalties:

  • First-time DWI (Class B misdemeanor):
    • Up to 180 days in jail.
    • Fines up to $2,000.
  • Enhanced DWI (Class A misdemeanor) with BAC over 0.15:
    • Up to 1 year in jail.
    • Fines up to $4,000.
  • Second DWI (Class A misdemeanor):
    • Up to 1 year in jail.
    • Fines up to $4,000.
  • DWI with a Child Passenger (State Jail Felony):
    • 6 months to 2 years in a state jail facility.
    • Fines up to $10,000.
  • Third or More DWI Offenses (Third-Degree Felony):
    • 2 to 10 years in prison.
    • Fines up to $10,000.

These penalties can have a lasting impact on your life, making it crucial to handle a DWI charge seriously.

Why a Lawyer Is Essential for People Facing DUI/DWI Charges in Texas

As you can see, the penalties for a DWI can be quite severe, and can have a serious impact on your life even after you’ve been released from jail and all your fines are paid. A DWI conviction will stain your background report forever, making it difficult to land jobs, rent a home, or even retain custody of your kids.

That’s why it’s important to fight if you’ve been charged. And the best way to fight is by hiring an experienced Texas DWI lawyer. A lawyer will take several steps to protect you and ensure your rights are upheld. They will:

  • Evaluate Your Case: Examine the details of your arrest and the evidence against you.
  • Challenge the Evidence: Question the validity of breathalyzer or blood test results.
  • Negotiate Plea Deals: Work to reduce charges or penalties through negotiation.
  • Represent You in Court: Advocate on your behalf during court appearances.
  • Provide Guidance: Help you understand each step of the legal process and what to expect.

Having a lawyer by your side can make a significant difference in the outcome of your case, providing you with the best possible defense.

Worried? We can help. Contact Norris Legal Group Today

If you’re facing a DWI charge, it’s natural to feel scared and worried about how it will affect your future. But you don’t have to face this alone. Graham Norris and the team at Norris Legal Group are here to help you navigate this difficult time.

Graham will handle every aspect of your case, from evaluating the details of your arrest to challenging the evidence and representing you in court. He will fight tirelessly to achieve the best possible outcome for you, ensuring your rights are protected every step of the way.

Don’t let fear and uncertainty overwhelm you. Contact Norris Legal Group today and put your mind at ease. With Graham on your side, you can feel confident knowing that an experienced, dedicated attorney is fighting for you.

Call now for a free consultation and take the first step toward a brighter future.

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Meet the Attorneys

Principal Attorney Graham Norris is an award-winning defense attorney and former Tarrant County prosecutor. Graham has earned countless dismissals and not guilty verdicts on charges ranging from misdemeanor assault to felony murder. Over the past decade, Graham has been recognized by Fort Worth Magazine as a Top Attorney, Texas Monthly Super Lawyers as a Rising Star, and named to The National Trial Lawyers Top 40 Under 40. 

Kyle Fonville, Attorney Of-Counsel 

Graham Norris, Principal & Founder

Of-counsel Attorney Kyle Fonville is a trial and appellate attorney who graduated first in his class from Texas Wesleyan University School of Law (now Texas A&M University School of Law). He is admitted to practice before all Texas courts, the Fifth Circuit Court of Appeals, as well as the District Courts for the Northern, Eastern, and Western Districts of Texas.

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