In everyday conversation, we often use the terms DUI and DWI interchangeably, but the truth is that these are not the same charges, and each can carry with it a different set of penalties.
If you’ve been charged with a DUI or DWI in Texas, a San Antonio DWI attorney can help you figure out what to do next. Keep reading to learn the difference between a DWI and DUI so you can better protect your rights.
Key Takeaways
- While DWIs can be brought against drivers with a certain blood alcohol concentration, DUIs can be brought against any erratic drivers under the influence of any substance.
- DWIs are typically brought against adult drunk drivers, and DUIs are commonly brought against drivers under the age of 21 with alcohol in their system.
- If you’re charged with a DWI, worse penalties and higher charges may be imposed compared to a DUI case under Texas law.
- A San Antonio DWI attorney can help you reduce your charges after a charge for impaired driving.
What Is a Texas DWI?
Driving while intoxicated (DWI) is defined under Texas Penal Code Section 49.04. The law defines DWI as operating a vehicle in a public place while intoxicated. Intoxication is defined as lacking the mental or physical faculties to drive safely and is generally determined by taking a blood alcohol concentration (BAC) or breathalyzer test. A BAC reading of 0.08% or higher falls into the range of intoxication. Drivers with BAC levels at or above 0.15% may face harsher penalties for a DWI conviction.
What Is a Texas DUI?
Driving under the influence (DUI) is found under Texas Penal Code Section 106.041. Like with DWIs, you can be charged with a DUI in Texas for driving while intoxicated in public. However, unlike a DWI, you can be charged with a DUI if you have any amount of an impairing agent in your system, if you’re driving erratically. This means you could face a DUI even if you’re under the legal limit for BAC. DUI convictions are less common than DWIs because they are generally restricted to drivers under the age of 21.
How Are Texas DUI and DWI Different?
There are two main differences between DWI and DUI charges in Texas: the penalties for the criminal offense and who is most often charged. Keep in mind that these penalties can vary. A DWI lawyer in San Antonio can help you determine what penalties you may be facing after a criminal charge.
Who Is Charged With DWIs and DUIs?
While DWIs are most often charged against adults operating motor vehicles with BAC contents higher than 0.08%, DUIs are more frequently charged against drivers under the age of 21 found with alcohol in their system.
What Are the Penalties for DWIs and DUIs?
The BAC level required for a DWI is higher than that required for a DUI charge, and they’re generally brought against older offenders, so it shouldn’t be surprising that DWIs also often carry more severe penalties and criminal charges. A DUI is a Class C misdemeanor in Texas, but a DWI offense is a Class B misdemeanor, with the potential to be upgraded to a Class A for BAC levels over 0.15%. The penalties you face will depend on the severity of your case and whether or not you’ve faced prior DWI convictions or DUI offenses.
DUI Penalties
- Fines of up to $500
- Up to 40 hours of community service
- Driver’s license suspension up to 60 days
- Alcohol awareness classes
DWI Penalties
- Fines of up to $2,000
- Up to 180 days in jail
- Driver’s license suspension up to 2 years
- Alcohol awareness classes
Your DWI Lawyer in San Antonio: John G. Perez Jr.
If you’ve been charged with a DUI or DWI in Texas, you could be facing significant consequences. A San Antonio criminal defense attorney can help you investigate your charges and identify opportunities to reduce your charges or penalties.
If you’re facing DUI or DWI charges in San Antonio, don’t face the process of defending your rights on your own. Reach out to experienced San Antonio DWI lawyer John G. Perez Jr. for high-quality defense strategies.