DWI vs DUI Texas: What’s the Legal Difference?

DWI vs DUI Texas: What’s the Legal Difference?

DWI vs DUI Texas: What’s the Legal Difference?

Key Definitions and Distinctions in Texas: DWI vs DUI

DWI vs DUI Texas is a critical distinction every driver should understand, especially since the charges differ by age, severity, and legal consequences. In Texas, both terms refer to operating a vehicle while under the influence of alcohol or drugs, but they apply in different circumstances. Knowing how Texas law defines each can help you stay compliant, avoid penalties, or respond appropriately if charged.

What Is a DWI in Texas?

DWI, or Driving While Intoxicated, is the more common charge in Texas and applies to adult drivers (21 and older) who operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or more. It also applies to anyone who is impaired by drugs, whether legal or illegal.

Under Texas Penal Code § 49.04, a person commits a DWI offense if they are:

  • Driving a motor vehicle in a public place
  • While intoxicated (loss of normal use of mental or physical faculties due to alcohol, drugs, or a combination)

DWI Severity in Texas:

  • Class B Misdemeanor (first offense)
  • Class A Misdemeanor if BAC is 0.15% or higher
  • Felony if it involves a child passenger, injury, or a third offense

What Is a DUI in Texas?

DUI, or Driving Under the Influence, is a charge reserved only for minors under the age of 21. Texas has a zero-tolerance policy, meaning any detectable amount of alcohol in a driver under 21 can result in a DUI charge, even if their BAC is below 0.08%.

Under Texas Alcoholic Beverage Code § 106.041, a minor can be cited for DUI if:

  • They operate a motor vehicle
  • In a public place
  • With any detectable amount of alcohol in their system

DUI Severity in Texas:

  • Class C Misdemeanor (not considered a criminal offense)
  • Can escalate if the minor has prior offenses or refuses a breath test

Penalties for DWI vs DUI in Texas

Understanding the DWI vs DUI Texas penalties is essential because the consequences differ drastically depending on the charge and the driver’s age.

DWI Penalties (First Offense):

  • Up to 180 days in jail
  • $2,000 fine
  • License suspension for 90 days to 1 year
  • Mandatory alcohol education class
  • Possible ignition interlock device (especially for repeat offenses)

DUI Penalties (Minors Under 21):

  • Up to $500 in fines
  • 20–40 hours of community service
  • Mandatory alcohol awareness class
  • License suspension for 60 to 180 days

Repeat DUI offenses can result in increased penalties and potential criminal charges.

For more details on Texas law, visit the DUI & DWI Laws resource or browse NextLegal’s DUI/DWI guide.

How to Avoid a DWI or DUI in Texas

Avoiding a charge altogether is the best way to protect yourself. Here’s how Texas drivers can stay out of trouble:

  • Never drive after drinking alcohol or using drugs
  • If you’re under 21, avoid any alcohol before driving
  • Plan ahead with a rideshare or designated driver
  • Use a personal breathalyzer to monitor your BAC
  • Read medication labels for warnings about drowsiness or impaired coordination

Check your BAC levels with the BAC Test resource if unsure.

Understanding DWI vs DUI Texas Can Help You Stay Safe

When it comes to DWI vs DUI Texas, the law is clear. If you’re an adult, you risk a criminal record, license loss, and jail time for DWI. If you’re under 21, even a sip of alcohol before driving can lead to a DUI charge. While the penalties vary, both offenses can severely impact your future. Knowing the difference—and the risks—helps you make better, safer decisions behind the wheel.

Charged with DWI or DUI in Texas? Speak to an Attorney

If you’re facing a DWI or DUI charge in Texas, don’t go it alone. A skilled attorney can protect your rights, minimize penalties, and guide you through the legal process. Visit 1800DuiLaws.com today to schedule a free consultation with a trusted Texas defense lawyer.

Frequently Asked Questions (FAQs)

1. What’s the legal BAC limit for DWI in Texas?

The legal limit is 0.08% for adult drivers and 0.04% for commercial drivers.

2. Who gets charged with DUI in Texas?

Only drivers under 21 with any detectable amount of alcohol.

3. Is a DWI worse than a DUI in Texas?

Yes. DWI is a criminal offense with harsher penalties. DUI is a minor charge for underage drivers.

4. Can a minor be charged with DWI instead of DUI?

Yes. If a minor’s BAC is 0.08% or higher or drugs are involved, they may be charged with DWI instead.

5. Can DWI or DUI be removed from your record in Texas?

Some first-time offenders may be eligible for expungement or nondisclosure, depending on the outcome of their case.

 

Key Takeaways

  • The DWI vs DUI Texas difference is based on age and BAC
  • DWI applies to adult drivers with a BAC of 0.08% or more
  • DUI applies to minors with any detectable alcohol
  • DWI penalties include jail time, fines, and license suspension
  • Legal help is vital if you’re charged with either offense