Many U.S. states no longer differentiate between Driving While Intoxicated (DWI) and Driving under the Influence (DUI). One state that still differentiates the two is Texas.
DUI in Texas
In Texas, DUI is used for persons aged below 21. DUI is a class “C” misdemeanor in Texas, not a criminal offense. Being a misdemeanor, you will not face jail time and you cannot pay a fine of over $500.00 (for a first time offender). Note that subsequent offenses attract significant jail time. Other penalties for DUI include probation, alcohol awareness classes, and community service.
In most DUI cases in the state, the Texas Department of Public Safety issues a notice of suspension and tries to suspend the driving license of the minor. The same ALR (administrative license revocation) process used in adult DWI cases is used in license suspension.
The arresting officer does not have to prove that the minor was intoxicated for the case to stick. All the officer has to do is to detect alcohol presence by smelling the alcohol on the minor’s breath.
The state has the burden of proof and it must prove that you were in the motor vehicle and in a public place. Note that if the officer believes your BAC is over 0.08 or that you do not have the use of all your physical and/or mental faculties, you may be charged for DWI. Proceedings are held at municipal court or JP.
DWI in Texas
In Texas, first time DWI offense is a class “B” misdemeanor. This means it attracts jail time as well as a fine. The punishment could be anything between 3 days and 180 days jail and fines of up to $2,000. The driver’s license will be suspended for between 3 months and 1 year, even if there is no conviction. The person might also be required to complete a program. The license will be suspended for a further 18 months for subsequent DWI convictions. $100 has to be paid to get the license back. Proceedings are held at a county court.
DWI is usually used for persons aged over 21. It must be demonstrated that the person had a BAC of over 0.08 and/or that the person did not have the full use of all his/her mental and/or physical faculties while driving.
A person is also said to have committed a DWI offense if the loss of normal use of all physical and/or mental faculties was as a result of drug use or using any other controlled substance, or a combination of drug and alcohol use. DWI is also used when operating a vessel, water ski, or any other vehicle in a public area while intoxicated.
"If you have been charged with either make sure you consult a trusted attorney. You should not represent yourself in these cases." says Kyle Shaw DWI attorney Allen TX
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