Know Your Rights: What to Do When Pulled Over in Texas
DWI

Understanding The Differences Between A DWI And DUI In Texas

Every day, drunk-driving crashes claim the lives of an average of 32 people in the United States, a statistic highlighting the dangers of driving under the influence of alcohol or drugs.

In Texas, this issue is addressed through strict DWI laws. And in Texas, a DWI or DUI are legal terms with different outcomes. Adults and minors can face DWI charges. However, only minors under 21 can also face charges of DUI if caught driving with any detectable amount of alcohol in their system, regardless of their BAC level.

The consequences of a DWI conviction can range from license suspension and fines to jail time. However, an experienced Houston DWI attorney, like Vinas & Graham, PLLC, can increase your chances of a favorable outcome by thoroughly reviewing the circumstances of your arrest and negotiating with prosecutors.

DWI VS. DUI: What’s The Difference?

Though often used interchangeably, in Texas, facing charges of DWI and DUI have different meanings and consequences. Understanding the differences is crucial.

Definition Of DWI In Texas:

In Texas, DWI (Driving While Intoxicated) refers to operating a vehicle while under the influence of alcohol or drugs. The state defines intoxication as having a Blood Alcohol Concentration (BAC) of 0.08% or higher or impairing one’s typical use of mental or physical faculties due to the consumption of alcohol or drugs.

Definition Of DUI In Texas:

In Texas, only individuals under 21 can be charged with Driving Under the Influence (DUI), regardless of their BAC level. However, if a minor is caught driving with any distinguishable amount of alcohol in their system, they can be charged with a DUI.

However, it is important to note if a minor is caught driving with any detectable amount of alcohol in their system, they can be charged with a DUI, even without being intoxicated.

The Difference:

The distinction between DWI and DUI in Texas lies in the BAC and age of the individual.

DWI refers to driving while under the influence of alcohol or drugs with a BAC of 0.08% or higher or not having the regular use of mental or physical capabilities due to the introduction of alcohol or drugs into the body. On the other hand, only individuals under 21 can be charged with DUI, regardless of their BAC level.

Consequences Of A DWI Conviction In Texas

If you are convicted of a DWI for the first time in Texas, you could face serious consequences, such as a fine of up to $2,000, jail time of up to 180 days, and loss of license for up to a year. Second and third convictions increase the fines, jail time, and two-year license suspension. These penalties do not include state fines ranging from $3,000 to $6,000 upon sentencing.

The penalties are less severe for minors charged with a DWI, resulting in community service, a $500 fine, loss of license for up to 60 days, 20-40 hours of community service, and required attendance at alcohol-awareness classes.

However, suppose certain aggravating circumstances are present, such as prior DWI convictions, driving while intoxicated with a child in the vehicle, causing severe injury or death to another person, a BAC greater than .15%, or having an open container in your vehicle. In that case, the penalties can be even more severe, potentially leading to a prison sentence of up to 20 years, a fine of $10,000, and mandatory community service.

More Than Community Service, Fines, And Jail Time

DWI convictions can have far-reaching repercussions. These repercussions can be wide-ranging, starting with community service, fines, and other legal penalties, with additional consequences like the loss of employment, revocation of professional licenses, and disqualifications from certain professions.

Furthermore, any background check may reveal the conviction and influence decisions like rental agreements. Finally, alcohol convictions can even result in complications related to immigration and increases in insurance premiums.

Protect Your Rights and Future: Hire An Experienced Houston DWI Attorney Today!

Don’t risk facing the severe consequences of a Texas DWI conviction alone. With an experienced Houston DWI attorney from Vinas & Graham, PLLC, by your side, you can protect your rights and future.

We will thoroughly review the circumstances surrounding your arrest, including the police report and all evidence. We may discover the evidence was mishandled or the police lacked a valid reason for stopping you, which can strengthen your defense.

Vinas & Graham, PLLC also have the experience negotiating with prosecutors to reach a plea agreement in your best interest, potentially avoiding a trial and harsh consequences upon conviction. Trust us to defend your DWI charges. Take control of your case and protect your future. Contact us today and follow us on Facebook for more Houston criminal law matters.

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