As Texas criminal defense lawyers, we often get questions about the differences between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) charges in Texas. Understanding these distinctions is important if you or a loved one is facing such charges.
In this blog, we’ll break down the key differences between DUI and DWI in Texas. If you’re dealing with either of these charges, don’t hesitate to reach out to our Texas criminal defense lawyers for guidance and support.
Defining DUI and DWI in Texas
In Texas, DUI and DWI are separate offenses with distinct legal implications.
DUI (Driving Under the Influence) applies specifically to minors under 21. It’s governed by the Texas Traffic Code and involves driving with any detectable amount of alcohol in the system. This is part of Texas’ zero-tolerance policy for underage drinking and driving.
DWI (Driving While Intoxicated) applies to individuals of any age. It’s governed by Section 49.04 of the Texas Penal Code and involves driving with a blood alcohol concentration (BAC) of 0.08% or higher or while impaired by drugs or alcohol.
Legal Basis and Charges
The legal foundations for DUI and DWI charges in Texas also differ.
DUI is charged under the Texas Traffic Code and is classified as a Class C misdemeanor.
DWI is charged under Section 49.04 of the Texas Penal Code. It’s typically a Class B misdemeanor for first offenses but can be elevated to a Class A misdemeanor or felony under certain circumstances.
As Texas criminal defense lawyers, we’re well-versed in both the Traffic Code and Penal Code, allowing us to provide comprehensive defense strategies for either charge.
Penalties for DUI and DWI
DUI penalties can include a fine of up to $500, up to 60-day license suspension, 40 hours of community service, and mandatory alcohol awareness classes.
DWI penalties are more severe. For a first offense, you could face up to a $2,000 fine, 3 to 180 days in jail, and a license suspension of up to a year. Second offenses can result in up to a $4,000 fine, 30 days to a year in jail, and license suspension for up to two years. Third offenses can lead to up to a $10,000 fine, 2 to 10 years in prison, and license suspension up to two years.
Our Texas criminal defense lawyers can help you understand the potential consequences you’re facing and work to minimize their impact.
Key Differences: Age and BAC
The primary distinctions between DUI and DWI in Texas revolve around age and blood alcohol concentration:
- DUI specifically targets minors under 21, and any detectable amount of alcohol can lead to charges.
- DWI applies to individuals of any age and requires a BAC of 0.08% or higher, or visible impairment.
These differences can significantly impact how a case is handled and defended. Our Texas criminal defense lawyers are experienced in navigating both types of cases.
Long-Term Consequences
Both DUI and DWI convictions can have lasting impacts beyond the immediate legal penalties. These can include increased insurance rates, difficulty finding employment, challenges in securing housing, and potential impact on professional licenses.
Our Texas criminal defense lawyers can help you understand and mitigate these long-term consequences.
Defenses for DUI and DWI Charges
Depending on whether you’re facing a DUI or DWI charge, different defense strategies may be applicable:
- For DUI, we might challenge the validity of the traffic stop, question the accuracy of field sobriety tests, or explore potential medical conditions that could mimic intoxication.
- For DWI, we might challenge the accuracy of breathalyzer or blood tests, investigate potential violations of your constitutional rights, or question the procedures used during your arrest.
Our Texas criminal defense lawyers can assess your case and develop a tailored defense strategy.
Why You Need Legal Representation
Whether you’re facing a DUI or DWI charge, having experienced legal representation is key. Our Texas criminal defense lawyers can analyze the details of your case, identify potential weaknesses in the prosecution’s evidence, negotiate with prosecutors for reduced charges or penalties, and represent you effectively in court if your case goes to trial.
Our Texas criminal defense lawyers have established relationships with local prosecutors and judges. This can be invaluable when negotiating plea deals or advocating for alternative sentencing options. We know how to navigate the local court system efficiently, potentially saving you time and stress.
Our team can also help mitigate the long-term consequences of a DUI or DWI charge. We’ll advise you on how to handle license suspension issues, deal with potential employment ramifications, and manage increased insurance rates. In some cases, we may be able to help you explore options for expungement or record sealing, which could protect your future opportunities.
Remember, the prosecution has a team of experienced lawyers working to convict you. By hiring our Texas criminal defense lawyers, you level the playing field. We’ll ensure your rights are protected throughout the legal process, from challenging any improper police procedures during your arrest to cross-examining witnesses in court.
Don’t underestimate the value of peace of mind. Facing DUI or DWI charges can be incredibly stressful. Having a knowledgeable legal team on your side can alleviate much of this stress, allowing you to focus on your personal life and future while we handle the legal side of your case.
Going Through the Arrest Process
If you’re arrested for DUI or DWI in Texas, it’s important to understand your rights and the process that follows:
You have the right to remain silent and the right to an attorney. We strongly advise exercising these rights and contacting our Texas criminal defense lawyers as soon as possible.
In Texas, you can refuse a breathalyzer test, but there may be consequences for refusal. Under the state’s implied consent law, refusing a test can result in automatic license suspension.
If you’re arrested, you’ll likely be booked into jail. For a first-time DWI, you may be released on your own recognizance or required to post bail.
Reach Out to Our Experienced Texas Criminal Defense Lawyers Today
Don’t face these serious charges alone. If you’re dealing with a DUI or DWI charge in Texas, reach out to our experienced Texas criminal defense lawyers today. We’re here to protect your rights and fight for the best possible outcome in your case.
Call us at 210-704-7904 to schedule a consultation. Let us put our knowledge and experience to work for you. Your future is too important to leave to chance – let us help you overcome this challenging situation and work towards a positive resolution.