In many states, driving under the influence (DUI) and driving while intoxicated (DWI) are used interchangeably. However, in Texas, the abbreviations DUI and DWI have different meanings. If you have been apprehended for operating a car while intoxicated, you want to know how the two abbreviations contrast and relate to your situation. DUI is a lesser offense with more lenient penalties than DWI. Therefore, you need to know the difference between the two to understand what charges will apply in your case and prepare the best defenses.
Overview of Texas DWI
Abbreviated as DWI, driving while intoxicated or impaired under PC 49.04 refers to operating a car with a blood alcohol level of 0.08% or while inebriated by alcohol, prescription, or dangerous drugs. The statute deems you impaired if:
- Your mental or physical abilities have been impaired by alcohol intake
- Your mental or physical faculties have been impaired by substance use
- Your BAC is at least 0.08% as an adult or 0.04% for a commercial driver
A police officer can arrest you for DWI if you are 21 or older and you have shown signs of intoxication, even when the BAC does not exceed the designated limit. However, before the arrest, an officer needs reasonable belief that you are driving under the influence to stop you in traffic. Other stops happen at sobriety checkpoints. After the stop, the officer finds probable cause that you are intoxicated. They confirm this by conducting field sobriety tests (FSTs) or a breathalyzer test. If the breath test shows you are drunk or you perform poorly in the FSTs, you will be apprehended and charged with DWI. Any arrest without probable or good cause is deemed unlawful, and the evidence obtained is inadmissible in court.
DWI is a Level B misdemeanor whose guilty verdict attracts no more than 180 days behind bars. If the BAC is .15% during arrest, a conviction for DWI will lead to jail incarceration of one to twelve months as it is a Class A misdemeanor. DWI is a priorable offense, meaning future convictions for the same violation will lead to harsher penalties.
Other states that refer to drunk driving as DWI are Missouri and New Hampshire.
Texas DUI Definition
Driving under the influence, abbreviated as DUI, is an offense outlined under PEN 106.041. Per the statute, it is unlawful for any individual below 21 to operate a vehicle with any detectable or measurable alcohol levels. The law prohibits minors from consuming alcohol, whether they are behind the wheel or not, which is why DUI differs from DWI.
So, the designated BAC limit of .08% or more applies only to adult drivers. So, when an underage person is apprehended with any detectable alcohol amounts, they will face DUI charges notwithstanding the BAC because of the state’s zero alcohol or drug tolerance law for persons under 21. The arresting officer only requires probable cause that you have appreciable alcohol in your blood, and this can be determined through a breathalyzer test, FSTs, or observing for intoxication signs. It is unlike adult drivers, whose BAC must read above the limit provided by the law to face charges.
Texas Drunk or Drugged Driving Penalties
DWI attracts more stringent penalties than DUI in Texas, although a conviction judgment or the violations can have severe ramifications. The penalties for the offenses have different objectives because, under DUI laws, the goal is to rehabilitate the offenders, who are usually minors, and discourage future drunk or drugged driving.
DWI Consequences Upon Conviction
A conviction judgment for DWI attracts both administrative and criminal consequences. The criminal punishment you face for a conviction depends on your previous offenses and the circumstances surrounding your offenses.
If it is your first DWI offense, you will face Class or Level B misdemeanor charges. The charges attract a compulsory three days in jail, up to half a year in jail, and $2,000 in court monetary fines when convicted.
Also, if you were arrested with a blood alcohol mass of over .15%, the offense becomes a level A misdemeanor punishable by at most twelve months in jail and no more than $4,000 in court fines. When an open container is in your car, your penalties will increase to six days of mandatory jail time. You should know that after conviction for the first offense, you should pay a driver’s license renewal fee of between $1,000 and $2,000. The specific amount you pay depends on the nature of your case, which you pay for up to three years. Failure to pay the fees results in additional charges.
Another consequence of the offense is suspending or withdrawing your driving privileges for half to one year. The driver’s license is automatically suspended if you test positive for drug or alcohol tests. Declining a breathalyzer test also attracts automatic license suspension through an administrative sanction. However, you will receive a license suspension notice before imposing the sanctions. If you do, act first and file a response or hire a lawyer because failure to do so will lead to automatic driving privilege withdrawal.
Part of your sentence can also include a mandatory drug or alcohol treatment program, but only for a first offense. The rehabilitation treats the underlying drug or alcohol problem that led to the driving offense. The court dismisses the DWI charges if they impose a drug diversion program and complete treatment.
You must understand that DWI is priorable. A subsequent conviction attracts stricter penalties. Therefore, you will likely lose your job after a jail or prison sentence because of skipping work. A DWI record will also hurt your chances of securing a job because many employers could discriminate against you based on the record. Other collateral repercussions include:
- Loss of professional license
- Problems finding proper housing
- Challenges in obtaining a loan
DUI Consequences
The consequences for DUI, even though strict, are more lenient than those for DWI, as the aim of the punishment is rehabilitation. However, just because the penalties are lenient does not mean they do not hurt your child’s life.
If it is your first offense as a minor, a DUI conviction will not lead to jail time. Nevertheless, a second or subsequent guilty verdict will attract punishment. The penalties for a first offense include no more than $500, which is considerable considering you are probably a student and only work part-time. Raising funds within a short time can strain your finances or those of your parents, so it is best to invest in an experienced DWI lawyer to help you contest the charges and avoid a conviction.
Similarly, you will temporarily lose your driving privileges until the fate of your license is determined in an administrative hearing. The maximum duration you will be without your driver's license is two months, but only if it is your first DUI.
Because the DUI punishment aims to rehabilitate, the judge can send you to a mandatory DUI school for treatment. The judge can also impose community hours to make you a responsible citizen in the future. You serve 20 to 40 hours of community labor for a first violation, while a second or subsequent violation attracts 60 hours of community service.
Compared to DWI penalties, DUI consequences are less stringent. However, both have life-changing collateral repercussions. Even for a minor, a conviction will lead to a criminal record that adversely affects all aspects of your life. Therefore, however lightly you take the charges, you should know that an unfavorable outcome will adversely affect your life. Thus, even if you view a DUI as a minor misdemeanor, lawyer up immediately to start preparing your defenses and prevent a finding of guilt.
DWI vs. DUI
In many states, the abbreviations DWI and DUI are used interchangeably or have the same meaning. However, in Texas, the two terms differ, which confuses many drunk or drugged driving arrestees. Therefore, when charged with operating a motor vehicle while intoxicated, it is critical to differentiate between the two terms to know the charges you face and possible penalties.
DWI occurs when you operate an automobile while inebriated by alcohol or drugs. The stopping officer will arrest you for the offense if, after conducting a blood test, the blood alcohol weight results exceed the legal limit. This is unlike a DUI arrest, which happens when an officer can arrest you for having any measurable alcohol amounts in your bloodstream, and it turns out you are below 21. Also, you risk DUI counts when you drive a car under the influence of drugs, prescriptions, or dangerous narcotics, and not necessarily alcohol.
The two violations are also different in terms of alcohol levels. With DWI, you risk arrest if only your BAC surpasses the provided limit or attains a specific impairment level, not necessarily above the legal limit. It means that an officer can arrest you even when your BAC is under 0.08% if you display intoxication signs like stuttered speech, red-shot eyes, an open alcohol container in the vehicle, and reckless driving.
In contrast, the Texas zero-tolerance law for underage persons means that if you are under 21 years old, you risk arrest for driving with any measurable alcohol levels in your bloodstream. Knowing this difference will help keep you away from trouble with the law because, as an underage person, you will not be tempted to take even the slightest amount of alcohol when you plan to drive. After all, if a stopping officer notices, you will face charges. Even as an adult, you should avoid any form of intoxication entirely when you plan to drive to avoid a criminal record and keep roads safe.
DUI and DWI laws have the same objective of keeping roads safe and punishing those who risk their lives and the lives of other road users by driving while intoxicated. However, when it comes to punishment, a violation of DWI statutes has harsher ramifications than one under DUI laws. If you are a repeat offender, the penalties worsen because these offenses are priorable, meaning a previous conviction will affect the punishment for your current DUI or DWI offense. You will face extended jail or prison sentences, hefty court-imposed financial fines, and a criminal record that will dent your dreams.
The collateral repercussions of a conviction are life changing. Therefore, even if the court finds you guilty of your charges, you should speak to your lawyer to start the expungement process if you qualify. Not every DUI or DWI convict qualifies for record expunction or expungement, mainly when you are a repeat offender. Speak to your lawyer and determine if you qualify to expunge the record. If you are, you should commence the process immediately to obtain a clean slate. When you have an expunged record, your past mistakes of drugged or drunk driving will not hurt you because you can confidently say to an employer that you have never been convicted without lying to avoid discrimination. Again, the record will be concealed from the public, meaning that any member who runs a background check on you will not have a conviction that makes it easy to find employment, lease an apartment, or obtain a loan.
The collateral repercussions for both offenses are severe, but DUI remains a lesser violation and applies to individuals below 21 who go behind the wheel when intoxicated. Despite not attracting harsher penalties than DWI, it is easier for the prosecutor to convict you for DUI than DWI because all they need as evidence is proof of any measurable alcohol amount. Also, declining a breath test is a severe violation that aggravates your charges, leading to harsher penalties than a standard DWI. Therefore, when you drink, even if you feel you are not intoxicated, find other ways of going home to avoid violating the law and to keep you and other road users safe from accidents.
Nevertheless, when you make the mistake of driving while drunk or drugged and you are arrested, your case is not hopeless. DUI and DWI are severely punished, but a competent defense lawyer can defend you from these charges to obtain charge dismissal, reduction, or any other favorable outcome.
Eligibility for Expunction
Before the amendment of nondisclosure statutes, a conviction for DWI stayed on your criminal record for a lifetime unless you petitioned for an expungement, which refers to sealing your criminal record and making it invisible to the public. An expunction is beneficial, but only if your counts were dropped or the court found you innocent. Under PC 49.04, only individuals not convicted of the crime can petition for an expunction. You can only have a conviction record expunged if it was for a DUI offense. So, if you are underage and received a guilty judgment for DUI with a BAC below 0.08%, you should petition for an expunction to prevent the guilty verdict from haunting you in the future.
Individuals convicted of DWI can now sigh relief after the updates on the non-disclosure statutes, which make it possible to conceal a DWI conviction, but in unique situations. The statutes enable you to seal a conviction for a first-time DWI offense to conceal your records from the public. The record will be available because the court and authorities can always refer to it in the future. An expungement only means you are not obligated to disclose the conviction to property managers, employers, or lenders. However, your records will still exist for future reference by authorities.
Defenses for DWI and DUI Charges
Arrests and charges for drunk or drugged driving often feel hopeless, especially when breathalyzer test results show your BAC surpassed the designated limit. However, you can still contest the charges despite the test results. An experienced defense attorney knows the defense and mitigating factors to present for a result outcome in court.
A skilled lawyer will argue that the proof against you for the DWI or DUI charge is inadmissible in court. The primary evidence in a DWI case is the BAC results. Therefore, if your attorney can challenge its admissibility in the case, the charges will likely be dropped because of insufficient evidence. Reasons that make evidence inadmissible include:
- Lack of probable cause for the arrest
- Inaccurate chemical or breath tests
- Failure by the arresting officer to recite the Miranda rights
- An officer conducting the chemical tests after you declined
- Lack of reasonable suspicion for the traffic stop
Another common defense is claiming that the prosecutor did not prove all the elements of DWI beyond moral certainty. The prosecutor can only secure a conviction if they can satisfy the evidentiary standard in criminal cases, demonstrating all the aspects of the offense beyond a reasonable doubt. Therefore, if the prosecutor relies on circumstantial evidence, you can argue the evidence is insufficient for a conviction. Also, you can claim that you were not in the driver’s seat or in control of the automobile when you were arrested.
Several other strategies exist that your attorney can use to contest the charges. All you need is to find the proper legal representation for the verdict to be in your favor.
Find a Competent DWI Lawyer Near Me
DUI and DWI charges all involve driving while intoxicated by drugs or alcohol. Therefore, when arrested in any of these circumstances, it is difficult to understand the difference between the charges and the one that will apply in your case. Also, a finding of guilt for the violations has severe repercussions. At Fort Worth DWI Defense Lawyer, we understand the differences between these two offenses, will explain them, and will defend you for a fair result. Contact us at 817-470-2128 for a no-obligation consultation.
