What’s the Difference Between Texas DWI and Texas DUI?
In Texas, DUI and DWI are acronyms used to refer to different things but they have some similarities. DUI is driving under the influence in full and DWI is driving while intoxicated. Texas law clearly distinguishes between these two terms but people often use them interchangeably.
Being charged with either a DUI or DWI is a severe situation. You need an experienced DWI/DUI lawyer to represent you.
What Is DWI In Texas?
Driving while intoxicated is a charge that is only possible when you are operating your vehicle in a public place. You can be charged with a DWI if you do not have normal physical or mental faculties due to the consumption of alcohol, drugs, or controlled substances.
To determine whether you are intoxicated, police officers can either conduct a field test or ask for a blood sample. If they find that your blood alcohol concentration is 0.08 or more, then you will be charged with a DWI.
What Is A Dui In Texas?
Unlike DWI, you don’t have to have a BAC above a certain point or fail a sobriety test to be charged. This is because only minors can be charged with a DUI. Any minor found with any amount of alcohol or other illegal substance in their physical system while operating a vehicle in a public place can be charged with a DUI.
It is illegal for a minor to take alcohol or illegal substances in Texas.
What Are The Differences in Penalties For A DWI and DUI?
DUIs are considered Class C misdemeanors. This means that you face up to $500 in fines but no jail time. But Class C misdemeanors can be enhanced if other crimes were involved such as prior offenses in the past 2 years and more.
On the other hand, DWIs are Class B misdemeanors but can also be classified as Class A misdemeanors if a BAC of 0.15 or higher is involved. Class B misdemeanors include penalties such as up to $2,000 in fines and up to 180 days in jail.
There would be harsher penalties if other crimes were involved such as a catastrophic car accident.
Steps To Take After A DUI Or DWI Arrest?
DUI or DWI charges are serious charges, which means your only chance of fighting them successfully is by having an experienced lawyer in your corner. The penalties for these offenses are often substantially severe and they come with collateral consequences. Your lawyer can help you understand the following:
- Whether you can be convicted with a BAC under 0.08
- Whether you can refuse to give a breath or blood sample
- What it will cost to hire a lawyer
- The differences between a DUI and a DWI
- Whether you can be convicted of a DUI or DWI for marijuana use
- Whether you can plead not guilty or more
How A Lawyer Can Help You?
Your lawyer can review your case to see whether the police officers had reasonable suspicion to arrest you and whether they tested your breath or blood samples correctly. The lawyer will also try to find other evidence that can help get your charges dismissed or reduced.
It is illegal for a minor to take alcohol or illegal substances in Texas.
What Are The Differences in Penalties For A DWI and DUI?
DUIs are considered Class C misdemeanors. This means that you face up to $500 in fines but no jail time. But Class C misdemeanors can be enhanced if other crimes were involved such as prior offenses in the past 2 years and more.
On the other hand, DWIs are Class B misdemeanors but can also be classified as Class A misdemeanors if a BAC of 0.15 or higher is involved. Class B misdemeanors include penalties such as up to $2,000 in fines and up to 180 days in jail.
There would be harsher penalties if other crimes were involved such as a catastrophic car accident.
Steps To Take After A DUI Or DWI Arrest?
DUI or DWI charges are serious charges, which means your only chance of fighting them successfully is by having an experienced lawyer in your corner. The penalties for these offenses are often substantially severe and they come with collateral consequences. Your lawyer can help you understand the following:
- Whether you can be convicted with a BAC under 0.08
- Whether you can refuse to give a breath or blood sample
- What it will cost to hire a lawyer
- The differences between a DUI and a DWI
- Whether you can be convicted of a DUI or DWI for marijuana use
- Whether you can plead not guilty or more
How A Lawyer Can Help You?
Your lawyer can review your case to see whether the police officers had reasonable suspicion to arrest you and whether they tested your breath or blood samples correctly. The lawyer will also try to find other evidence that can help get your charges dismissed or reduced.