How Do DWIs and DUIs Differ?
Driving under the influence of alcohol or drugs is a serious offense in Texas. However, you may have seen both DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) used in different contexts. While the terms are sometimes used interchangeably, they do not always mean the same thing under Texas law. Understanding the difference between a DWI and a DUI can help you know your rights, the penalties you may face, and how these charges affect your future.
This guide breaks down the legal definitions, penalties, and consequences of both DWIs and DUIs, while clarifying how Texas handles these offenses compared to other states.
DWI vs. DUI: The Legal Definitions in Texas
DWI (Driving While Intoxicated):
Under Texas Penal Code §49.04, a DWI occurs when a driver operates a motor vehicle in a public place while intoxicated. "Intoxicated" means either:Having a blood alcohol concentration (BAC) of 0.08% or higher, or
Not having the normal use of mental or physical faculties due to alcohol, drugs, or other substances.
In Texas, DWI is the official term for adult drunk driving charges.
DUI (Driving Under the Influence):
In Texas, DUI usually applies to drivers under 21 years old. Under the Texas Alcoholic Beverage Code §106.041, any detectable amount of alcohol in a minor’s system can lead to a DUI charge—even if their BAC is below 0.08%.In other words, for adults in Texas, DWI is the charge. For minors, DUI applies.
How Other States Use DUI vs. DWI
Not every state uses both terms. In fact, the difference often depends on where you live:
Some states only use DUI to describe all impaired driving charges.
Others only use DWI.
A few states distinguish between DUI and DWI by impairment level—for example, DUI might mean driving under the influence of drugs, while DWI could mean driving with a high BAC.
In Texas, however, the distinction is based primarily on age.
Key Differences Between DWI and DUI in Texas
While both DWIs and DUIs involve driving after consuming alcohol, Texas law draws clear distinctions between the two.
Age Group: A DWI applies to drivers who are 21 or older, while a DUI is a charge reserved for minors under the age of 21.
Legal Standard: A DWI requires proof that the driver was intoxicated, meaning either a blood alcohol concentration (BAC) of 0.08% or higher, or loss of normal physical or mental faculties due to alcohol or drugs. A DUI, on the other hand, only requires that a minor has any detectable amount of alcohol in their system—even if it is far below the 0.08% threshold.
Source of Law: DWIs are prosecuted under the Texas Penal Code, while DUIs are charged under the Texas Alcoholic Beverage Code.
Severity of the Offense: A first-time DWI is typically a Class B misdemeanor but can increase in severity depending on circumstances, such as high BAC levels or repeat offenses. A DUI, however, is generally a Class C misdemeanor for a first offense.
Penalties: DWI penalties can include jail time, fines, and lengthy driver’s license suspensions. DUI penalties for minors typically involve fines, community service, alcohol awareness classes, and shorter license suspensions, but do not usually include jail time for a first offense.
Long-Term Impact: A DWI conviction can result in a permanent criminal record and affect employment, insurance rates, and professional licenses. A DUI, while still serious, is generally considered less severe, though it can still appear on a criminal record and create problems for education and future employment opportunities.
In short, DWIs are the adult charge for intoxicated driving, while DUIs are aimed at minors with any alcohol in their system. Both can create significant legal and personal challenges, making it critical to understand their differences.
Penalties for DWI in Texas
Texas treats DWIs seriously, and penalties increase with each conviction:
First Offense:
Up to 180 days in jail
Up to $2,000 fine
License suspension up to 1 year
Second Offense:
Up to 1 year in jail
Up to $4,000 fine
License suspension up to 2 years
Third Offense:
Felony charge
2–10 years in prison
Up to $10,000 fine
License suspension up to 2 years
Additionally, Texas courts may require ignition interlock devices, alcohol education programs, or community service.
Penalties for DUI in Texas (Minors)
Because Texas has a zero-tolerance policy for underage drinking and driving, even one drink can result in a DUI.
First Offense DUI (Minor):
Class C misdemeanor
Up to $500 fine
20–40 hours of community service
Mandatory alcohol awareness class
License suspension up to 60 days
Repeat offenses can lead to harsher penalties, including longer license suspensions.
Long-Term Consequences of DWI or DUI
Even beyond immediate fines and jail time, both DWIs and DUIs can have lasting effects:
Employment: Criminal records may limit job opportunities, especially in fields requiring driving.
Insurance: Car insurance premiums can skyrocket after a conviction.
Education: Colleges may impose disciplinary actions for underage DUIs.
Future Charges: Prior DUI or DWI convictions can increase penalties for later offenses.
What If Drugs Are Involved?
DWI charges in Texas don’t just apply to alcohol. Driving while impaired by prescription drugs, illegal drugs, or even over-the-counter medications can result in a DWI if they affect your ability to drive safely.
Common Myths About DWI and DUI
Myth: DUI and DWI are the same in Texas.
Fact: They differ by age group and legal definition.Myth: You can refuse a breathalyzer without consequences.
Fact: Refusing a test can still result in an automatic license suspension under Texas’ implied consent law.Myth: A minor cannot face jail for DUI.
Fact: While a first DUI may not involve jail, repeat offenses or related charges (like possession of alcohol) could.
Can a DWI or DUI Be Expunged in Texas?
In many cases, DWIs cannot be expunged from your record, though some may qualify for non-disclosure orders (sealing the record from public view). DUIs, being Class C misdemeanors, may have more options for record sealing depending on the circumstances.
This is why legal guidance is essential after an arrest.
Protecting Your Rights After a DWI or DUI
Whether you are a minor facing a DUI or an adult charged with DWI, the consequences can follow you for years. Understanding the difference between these charges is the first step in protecting your future. A skilled Texas personal injury and criminal law attorney can help you understand your options and pursue the best outcome.
At Carrollton Injury Law, we believe in putting personal back into personal injury law. If your accident or injuries were caused by someone driving under the influence, you may have the right to seek compensation for medical bills, lost wages, and more.
Frequently Asked Questions
Is a DUI worse than a DWI in Texas?
Not necessarily. A DUI in Texas applies only to minors and is often considered less severe than a DWI. However, both carry serious legal and personal consequences.
Can you get a DUI in Texas if you are over 21?
No. Adults face DWI charges, not DUI charges. DUI is reserved for drivers under 21 with any detectable alcohol.
Do DWI charges stay on your record forever in Texas?
Yes, unless certain limited circumstances allow for a record sealing (non-disclosure). Generally, DWIs remain on your record permanently.
Can prescription drugs lead to a DWI?
Yes. Even legally prescribed medications can result in a DWI if they impair your driving.
How long does a license suspension last for DWI?
It depends on the offense: up to 1 year for the first, 2 years for repeat offenses.
Conclusion
The difference between DWI and DUI in Texas comes down to age and level of impairment. Adults face DWI charges if they are intoxicated while driving, while minors can be charged with DUI for any amount of alcohol in their system. Both carry serious consequences that can affect your future.
If you or a loved one has been injured by a drunk or impaired driver, you deserve guidance and support. At Carrollton Injury Law, we fight to help victims of impaired driving pursue maximum compensation and justice.
