DUI vs. DWI in Texas: What’s the Difference?  

When it comes to impaired driving charges in Texas, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably, but they aren’t the same under Texas law. Understanding the distinction can help you make sense of the charges and know what to expect if you or a loved one is facing either offense. 

DWI: Legal Definitions in Texas 

DWI is the more common charge and applies to adults who are operating a motor vehicle while intoxicated due to alcohol, drugs, or a combination of both. Under Texas Penal Code § 49.04, a person is legally intoxicated if they: 

• Have a blood alcohol concentration (BAC) of 0.08% or higher, or 
• Lack the normal use of mental or physical faculties due to the consumption of alcohol or drugs.

DUI: Legal Definitions in Texas 

DUI, on the other hand, applies specifically to minors under the age of 21. According to Texas law (Texas Alcoholic Beverage Code § 106.041), any detectable amount of alcohol in a minor’s system while operating a vehicle is grounds for a DUI charge even if their BAC is well below 0.08%. 

Key Differences Between DUI and DWI 

The key differences between DUI and DWI in Texas come down to age, alcohol limits, and severity. DUI charges apply only to drivers under 21 and can be triggered by any detectable amount of alcohol, regardless of intoxication level. A DUI is considered a Class C misdemeanor, typically resulting in fines, community service, and a possible license suspension. In contrast, a DWI applies to drivers 21 and older who have a blood alcohol concentration (BAC) of 0.08% or higher, or who are impaired by drugs or alcohol. DWI is a Class B misdemeanor or higher, and penalties are more severe. Penalties often involve jail time, steeper fines, license suspension, and the potential requirement of an ignition interlock device. 

Penalties and What to Expect 

DUI (Minors):  

• Up to a $500 fine 
• 20–40 hours of community service
• Mandatory alcohol awareness class 
• Driver’s license suspension (up to 60 days for a first offense) 

DWI (Adults): 

• First offense: Up to 180 days in jail, $2,000 fine, license suspension (up to 1 year) 
• Second offense: Up to 1 year in jail, $4,000 fine, longer license suspension 
• Third offense: Felony charges, up to 10 years in prison, and up to $10,000 in fines 
• Installation of an ignition interlock device may be required 

Penalties can increase if there are aggravating factors, such as having a child passenger, causing an accident, or a prior criminal record. 

Many people don’t realize that even a minor traffic stop can escalate into a serious charge with long-lasting consequences. Whether it’s a DUI or DWI, these charges can impact your record, insurance rates, employment opportunities, and more. 

What Should You Do If You’re Charged? 

If you or someone you know is facing a DUI or DWI charge in Texas, it’s important to speak with an experienced criminal defense attorney as soon as possible. A strong legal defense can make the difference between a dismissed charge, a reduced sentence, or a long-term impact on your future. 

At Spiegelhauer Law, we take a proactive, personalized approach to your case! Protecting your rights and helping you understand your legal options every step of the way. Contact us today to see how we can help you.