What is the Difference Between DUI and DWI in Texas?

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

Collin County DWI Court

Last year, according to the Texas Department of Transportation, there were 503 alcohol-related accidents in Collin County, which caused 220 severe injuries and 11 fatalities – a high price for a county to pay for the recklessness of a few individuals. These DWI cases can also put a strain on the court system and cause backlogging. Fortunately for Collin County residents (and maybe for the drunk drivers themselves), Collin County deals with this problem through innovative DWI courts which are designed to not only punish DWI, but prevent recurrence of drunk driving by working to combat the root problem of alcohol and substance abuse in drivers who are likely to become repeat offenders. As McKinney DWI attorney Kyle Shaw states, “Good people make mistakes, I think the DWI and drug courts in Collin County promotes not repeating those mistakes.” This approach provides substantial benefits to the community by preventing future incidents - which keeps the community safer.

So, how does this system work? Once convicted of a DWI, individuals are given the option of joining the voluntary program. If they do, their fines and jail sentences may be probated and community service requirements waived. In exchange, they participate in an intensive probation program to keep them sober for a year. To insure that this happens, they are connected with treatment providers and counselors who help them stay sober. Participants are also required to meet often with their parole officer and appear in court to meet with the judge on a regular basis. They are subject to random urine tests and required to install an alcohol detection systems in their car, while some are also required to wear devices that constantly monitor their skin to detect alcohol consumption, and if participants slip-up or fail to stay sober, their parole can be revoked or they may face jail time. This program, which provides incentive for individuals to stay sober and holds them accountable for their actions, has been successful in lowering the rate of recurrence of drunk driving incidents - keeping Collin County roads safer and even saving lives by preventing accidents in the first place.

You Have Just Been Arrested for DWI. What Now?

If you have been arrested for a DWI/DUI in Collin County, Dallas County, Denton County or Tarrant County,you may have thoughts similar to these, You were treated unfairly by the police officer(s), you believe you were not intoxicated,the officer’s tests were unfair, you think that you passed all the sobriety tests but were arrested anyway or your arrest may have left you confused, embarrassed, or scared not knowing what to do next. Time is of the essence when you have been accused of these serious offenses.

When you are moving forward with a DUI case it is always best to consult an attorney as early as possible. If you or a loved one is facing a DUI/DWI case contact your Collin County Criminal Attorney, Kyle K. Shaw.