The terms DUI and DWI are often used interchangeably, but in Texas, these charges are separate and distinct from each other. DUI, also known as DUIA, stands for driving under the influence of alcohol, and DWI stands for driving while intoxicated. While both charges have potentially significant consequences, a DWI charge is more serious than a DUI charge.
Only a minor may be charged with driving under the influence, but both adults and minors may be charged with driving while intoxicated, depending on your case facts. If you have been charged with a DUI or DWI in Texas, attorneys at Vinas & Graham, PLLC, can go over your charges and potential legal outcomes with you.
What Is A DUI?
As mentioned above, only a minor can be charged with DUI in Texas. A minor is defined as anyone under 21 years old. Unlike DWIs in Texas, there is no .08 blood alcohol content minimum requirement to charge someone with a DUI.
If you are under 21 and were caught driving with any detectable amount of alcohol in your system, you can be charged with driving under the influence. Since there is no minimum limit, minors can be found guilty of a DUI without actually being intoxicated.
DUI Consequences
A DUI conviction is generally a Class C misdemeanor for those who do not have any prior DUI convictions. The punishment for a Class C misdemeanor may include 20 to 40 hours of community service and a fine of up to $500. However, if you do have prior DUI convictions, the consequences may be more severe.
Minors with a prior DUI conviction may be ordered to perform up to 60 hours of community service. In addition to increased community service hours, those with two or more prior DUI convictions may face fines of up to $2,000 and up to 180 days in jail. If you have prior DUI convictions, you may not be eligible for deferred disposition or deferred adjudication.
DWI And Conviction Consequences
Under Texas law, driving while intoxicated means either:
- operating a vehicle without having the normal use of mental or physical faculties due to alcohol or drugs, or
- having an alcohol concentration of .08 or more.
As previously mentioned, driving while intoxicated is a more serious offense than driving under the influence. A first-time DWI conviction without any aggravating factors is a Class B misdemeanor with a fine of up to $2,000, up to 180 days in jail, and license suspension.
The consequences increase in severity with prior convictions. For example, if it is your second DWI offense, you may be fined up to $4,000, spend up to one year in jail, and have your license suspended. For a third offense, you face up to $10,000 in fines, up to 10 years in prison, and license suspension.
If your blood alcohol content is .15% or more, you may face increased penalties for a Class A misdemeanor. Other aggravating circumstances can also lead to steeper penalties, such as driving with a child passenger and driving with an open container.
Under some circumstances, you may be facing a felony conviction for operating a vehicle while intoxicated. Facts that may elevate your conviction to a felony include prior convictions, being involved in a fatal injury accident, and injuring a firefighter, emergency medical technician, or police officer.
Collateral Consequences
Unfortunately, DWI and DUI consequences are not limited to community service, fines, and other legal penalties. You may face collateral consequences after a conviction as well. For example, alcohol convictions can lead to job loss, professional license revocation, and employment disqualification.
In addition to potential harm to your career and employability, alcohol convictions may be used against you anytime someone runs a background check. For example, a landlord may decide not to rent to you after discovering your conviction. Other collateral consequences include possible immigration complications and increased insurance rates.
Houston DWI Attorney
If you are facing DUI or DWI charges in Texas, an experienced attorney can help you defend those charges and protect your rights. Criminal defense attorneys at Vinas & Graham, PLLC, represent clients in DWI and DUI matters. We know that the consequences of a conviction can be severe, and we will pursue the best possible outcome in your case.
Contact us at 713-229-9992 or online to speak with a Houston DWI attorney. We will discuss your case and your potential legal defense strategies. Follow our Facebook page to learn more about our attorneys and legal practice and more Texas criminal law matters.
