You have probably heard drunk driving referred to by many names or designations. In Texas, driving under the influence (DUI) and driving while intoxicated (DWI) are often used interchangeably.
While there are different acronyms for what many people assume to be the same thing, Texas law makes a distinct difference between DUI and DWI. Drunk driving is a serious offense regardless of how it’s labeled, which means even if you do know what to do when pulled over for a DWI, you’ll want an aggressive and skilled drunk driving lawyer defending you.
Driving While Intoxicated
If your blood or breath alcohol concentration registers at higher than .08, you are considered intoxicated and can be arrested for DWI. What many people don’t realize is that you can be arrested for DWI even if your BAC is below .08! In the state of Texas, you can be arrested for DWI if you have lost the normal use of your mental or physical capabilities. The officer that pulls you over can determine if you’re intoxicated through multiple methods. Field sobriety tests and breath analyzers are commonly used. Refusal to comply with these measures can limit the amount of evidence an officer has against you, but know that they might be able to ultimately get a search warrant to take and test your blood.
It’s important that you know how to handle a DWI stop because those moments with the police officer have a significant impact on your case. Schedule a consultation with us to discuss the details of your traffic stop and arrest. Our DWI lawyer may be able to provide some insight into a possible defense strategy for your case.
Driving Under the Influence
A DUI charge can only be given to drivers who are under the legal drinking age in Texas. This is a Class C misdemeanor, and drivers do NOT have to be legally intoxicated to be arrested and charged with DUI. Motorists under the age of 21 who are driving with any amount of alcohol in their system may end up facing a DUI conviction.
This is not to say that this age group cannot be charged with DWI, however. It is possible for someone under 21 years old to be arrested for either offense. Especially in the Plano and surrounding North Texas areas, we often see persons under the age of 21 arrested for the higher charge of DWI if they are intoxicated.
DWI and DUI Penalties
How do the differences in these charges affect the penalties? There will be varying degrees of penalties associated with different classes of misdemeanors, but there are also other factors that affect your sentencing. If you have questions about how things like injuries, passengers in your vehicle, or the number of offenses may impact your case, please reach out to us for a consultation.
As a general rule, first-time drunk driving incidents are met with more leniency than second or third arrests. Also, because a DUI is a lower-level offense, the penalties tend to be less severe than those that accompany a DWI conviction, and they may include:
- License suspension;
- A maximum $500 fine; and
- Community service.
As a Class B misdemeanor, the first offense for DWI will likely include harsher punishments such as higher fines, jail time, and/or probation. A Class B misdemeanor DWI runs a possible punishment range of between 72 hours and 180 days in jail and a $3,000.00 fine. Probation is often a possibility. If this is not your first DWI arrest, or if there are aggravating factors such as higher blood alcohol levels or a child in the car, punishment ranges can increase significantly.
In either charge, the Texas Department of Public Safety will suspend your driver’s license, which means an Administrative License Revocation Hearing will be required. We can represent you during this hearing, as well as at your DUI or DWI trial because we know how important it is to have consistent and competent support throughout this process. We may also be able to get your DWI charge sealed.
At The Fox Firm, our team includes a qualified DWI attorney with a track record of success who can advocate for you during this difficult time.