Unraveling the Legal Maze: DUI vs. DWI in Texas

Are you looking to understand the distinction between a Texas DUI vs. DWI? It’s a common misconception that they’re merely different acronyms assigned for the same offense of impaired driving. This isn’t the case in Texas.

While some states might use DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) interchangeably, Texas differentiates between the two. Despite the differences in terminology, one aspect remains consistent: the gravity of either charge.

By the end of this quick article, you’ll know exactly the difference, how you end up with either charge, and some ways to defend yourself against them.

Understanding a DUI vs. DWI in Texas

The difference between DWI and DUI in Texas boils down to age. If you’re under the age of 21 and you’re operating a motor vehicle—boats included—with any amount of alcohol in your system, you’ll be charged with DUI.

On the other hand, Driving While Intoxicated (DWI) in Texas refers to operating a vehicle in a public space while having a blood alcohol concentration (BAC) of 0.08% or higher or being impaired by alcohol or drugs to a degree that reduces your mental or physical faculties.¹

This means that even if your BAC is below 0.08%, you can still be charged with DWI if alcohol or drugs compromise your ability to drive safely. Let’s break down a few of the penalties for both.

Legal Consequences of DUI and DWI in Texas

Driving Under the Influence starts at a class C misdemeanor but escalates to a class B after two prior convictions.

For a DUI

Legal repercussions for a DUI charge in Texas can include:

• A maximum penalty of $500
• Suspension of driving privileges for a period not exceeding one year
• Mandatory participation in an Alcohol Awareness Course with a duration of 12+ hours
• Extended driving license suspension for an additional six months in case of non-completion of the Alcohol Awareness Course
• A 90-day suspension of driving privileges if assigned community service by the court, including the requirement of an Ignition Interlock Device

For a DWI

Driving While Intoxicated starts at a class C misdemeanor but can escalate to a felony charge. The possible repercussions for a DWI case in Texas are as follows.

On the first DWI in Texas:

• Fines up to $2,000
• Jail time up to 180 days with a minimum of three mandatory days
• License suspension from 90 days to one year
• Additional DWI penalties include an IID installation and maintenance

On the second DWI offense:

• Fines up to $4,000
• Jail time from one month to one year
• License suspension up to two years
• Additional penalties include the continued possibility of IID requirements

On the third DWI offense:

• Fines up to $10,000
• Jail time from two to ten years
• Further license suspension
• Additional penalties include the continued possibility of IID requirements

A Few Notes on Chemical Testing

What if you refuse chemical testing? You might think, “If I don’t let them test me, they can’t catch me.” Not necessarily. If you’re on Texas roads with a Texas driver’s license, you’ve already agreed to test through implied consent.

• What if I say no anyway? – Refuse a test, and you’ll have your license stripped—for between 90 days and two years—through a separate case. You’ll have 15 days to appeal. You and your attorney will then attend an Administrative License Suspension Hearing to argue your case.
• What if it’s not my first time? – If you’ve already had a DWI or DUI charge within the last decade and you’ve refused a chemical test, you can expect a heftier license suspension and a much tougher time winning the appeal.²

If there is any gray area in determining how intoxicated a person is at the time of investigation, the police will quantify the case severity by testing the individual’s blood for alcohol content and volume.

Blood Alcohol Content (BAC) Limits: The BAC Levels that Determine Charges

Blood alcohol content (BAC) measures the concentration of alcohol in your bloodstream at the moment of your arrest. When an officer requests you to lower your car window and use a breathalyzer (the device with a tube you blow into) that device’s reading determines what comes next.

Here are the specific BAC levels Texas monitors³:

• BAC of 0.08% – This is the legal limit in Texas for those over the age of 21. Being at or above this limit means you are legally considered too intoxicated to drive. If this is your BAC with no aggravating factors (such as driving with a minor in the car or having prior offenses), you may face the standard legal consequences for a first-time DWI charge.
• BAC of 0.15% or higher – In Texas, exceeding the legal limit by this level elevates the charge. A BAC at or above 0.15% is treated more severely under Texas law, often resulting in increased penalties. This could include longer jail time, higher fines, or more extensive license suspension periods. It’s classified as a more serious offense and reflects the increased risk and recklessness involved in driving at this level of intoxication.

In thinking about Texas laws specifically, Texas officials also install the following rules of the road:

• Zero tolerance for minors – Texas has a zero-tolerance policy for drivers under 21. Any detectable amount of alcohol for underage drivers can result in DWI charges.
• Penalties for high BAC – Texas law imposes stiffer penalties for those caught driving with a high BAC.
• Aggravating factors – Factors like having a child passenger, causing an accident, or having prior DWI convictions can lead to more severe punishments.

Defense Strategies: How to Defend Against DUI and DWI Charges

If you are charged in Texas with a DUI or DWI and you haven’t taken a plea deal, you’ll need to settle your case in court before a judge. Everything will be examined under the microscope: your breathalyzer test, your arrest procedure, and anything you said or did throughout the arrest and thereafter.

Now, it’s not up to you to devise a defense strategy. That’s your attorney’s responsibility—and they are the subject-matter expert to default to if you find yourself in this defensive position. That said, if you feel you have been wrongly convicted of a DUI or DWI in Texas, there are a few ways you can defend yourself in a court of law.

• Ensure breathalyzer test accuracy – Make sure officials can prove that the breathalyzer being used was reading and calibrating accurately when the breathalyzer test was taken.
• Detail the arrest procedure – Highlight any procedural errors or violations of rights that may have happened during the arrest, like lack of probable cause or improper administration of field sobriety tests.
• Examine officer testimony – Pay careful attention to the arresting officer’s testimony for inconsistencies or inaccuracies that could invalidate the prosecution’s case.
• Medical conditions and diet – If you believe a medical or bodily condition could be the result of a falsely high BAC test, present evidence of any conditions or diets that could have impacted the test, such as diabetes or ketogenic diets.
• Witness testimonies – If you were spending time with friends or family before the arrest, have them vouch for you. Bring forward witnesses who can attest to your sobriety or the incident’s circumstances.
• Chain of custody issues – Another element your attorney can explore is the chain of custody of you or the individual’s breathalyzer test results. Lapses in the chain of custody—or who handled the test between the time of arrest and the court date—could highlight tampering or contamination.
• Legal technicalities – Leverage legal technicalities like filing motions to suppress illegally obtained evidence. This is another area where your attorney’s knowledge can lead the way to ensure all legal proceedings are handled correctly on both sides.

When to Get an Interlock Device

If you’ve never heard of an Ignition Interlock Device (IID), they’re built-in breathalyzers that won’t allow your car to start if it detects alcohol when you blow into it. You typically won’t be allowed behind the wheel without one of these leading up to and after a conviction.

Let’s quickly run down the whats and whens of IID installation.⁴

• IID basics – An Ignition Interlock Device (IID) is a breathalyzer for your car, preventing it from starting if it detects alcohol.
• Mandatory post-conviction – Installation is often mandatory after a DUI/DWI conviction, especially for repeat or high BAC cases.
• Pre-trial requirement – In some jurisdictions, IIDs may be required even before trial as a condition for maintaining driving privileges.
• License reinstatement – Installing an IID can be a condition for reinstating a suspended driver’s license.
• Choosing an installer – Opt for an installer offering affordability, convenience, and discreetness to alleviate stress from the process.
• Duration of use – IID use duration varies by case and jurisdiction, typically ranging from several months to a few years.
• Regular monitoring – IIDs require regular checks for compliance, with data recorded and reported to authorities.
• Cost implications – Be prepared for installation and monthly maintenance costs—which are usually the driver’s responsibility.

There will be additional consequences if you violate the conditions of your IID use. If you need an Interlock Device installed, the smart move is to partner with an installer who will make the process as smooth and hassle-free as possible.

Get Back on the Road Hassle-Free with Smart Start

Speaking of authorized IID installers that keep it quick, affordable, and simple—we’re Smart Start. With the best Ignition Interlock Device Texas offers, Smart Start also provides easy installation, affordable pricing, and reliable customer service.

Our commitment to helping you avoid Interlock violations in Texas by complying with legal requirements and regaining your driving privileges is unmatched. Choose Smart Start to handle all of your IID needs easily.

Sources:

1. Texas Department of Transportation. Impaired driving and penalties – DUI/DWI. https://www.txdot.gov/safety/driving-laws/impaired-driving.html
2. Texas Impaired Driving Task Force. DWI Laws and Consequences. https://www.texasimpaireddrivingtaskforce.org/about/dwi-laws-and-consequences/
3. Texas Department of Public Safety. Ignition Interlock Device. https://www.dps.texas.gov/section/ignition-interlock-device/
4. Texas Department of Public Safety. Licensing & Registration. https://www.dps.texas.gov/section/ignition-interlock-device/licensing-registration