DUI vs. DWI: What’s the Difference?

When you are involved in an incident in which you are charged with a DUI or DWI, understanding the implications can be tricky, especially if you have never been charged with a crime in the past. Learning the differences between both DUIs and DWIs can help you better assess potential charges, fines, and even jail time you may be facing.

DUI vs. DWI: What’s the Difference?

Learning the differences between a DUI and DWI matters, especially when it comes to protecting yourself legally if you have been charged with an offense. Keep in mind that while a DUI and DWI often appear similarly, there are typically different implications in terms of potential charges and legal ramifications that are associated with each charge. 

DUI

A DUI, or Driving Under the Influence, includes an individual who is operating a vehicle while appearing under the influence. A DUI charge is typically pursued when a driver or individual appears intoxicated even if their official BAC, or Blood Alcohol Concentration is below the official legal limit.

DWI

A DWI, or Driving While Intoxicated or Impaired, constitutes an individual who is operating a vehicle while the driver’s BAC (Blood Alcohol Concentration) is above the legal limit. In the United States, the current legal BAC is 0.08%. When an individual is pulled over and/or suspected of being under the influence while behind the wheel or operating any type of vehicle, they may be asked to complete a breathalyzer test. If the breathalyzer test results in a BAC that is higher than 0.08%, the individual will likely be charged with a DWI, rather than a DUI, in most cases.

Telling the Difference Between a DUI and DWI

Determining the difference between a DUI and DWI can help significantly if you find yourself charged with a crime or in need of proper legal counsel and representation. When you know whether you’re being charged with a DWI or DUI, you can seek an attorney who is well-versed in the area of law that is relevant to your case at the time. Keep in mind that many DUI and DWI charges may be state-specific, which is why it is important to conduct adequate research on each based on where you reside at the time, especially in the State of Texas.

Receiving a DUI Charge in Texas

Being charged with a DUI in Texas will often refer to those who are minors, or individuals under the legal age of 21 who are under any influence of alcohol. Because Texas currently has a zero-tolerance policy in terms of minors consuming alcohol, especially when operating a vehicle, any detection of alcohol in a minor at any time can constitute a DUI.

Typically, first-time offenders who receive a DUI charge (while being underage) may face fines up to $500 or more along with being required to attend community service programs while completing an alcohol awareness class, depending on the ruling of the judge. In some instances, a 60-day suspension of a driver’s license may also be permitted for those who have committed their first DUI offense. Additional DUI charges may lead to additional suspensions, fines, jail time, and even ignition interlock solutions to prevent the operation of a vehicle, especially while under the influence. 

Being Charged With a DWI in Texas

Dealing with a DWI charge in Texas will occur when an individual has been caught operating a vehicle with a BAC, or Blood Alcohol Concentration, that is higher than 0.08%. Even those who are first-time offenders may experience the total loss of their driver’s license for up to 12 months, 3-180 days in jail and even fines over $2,000, depending on your criminal history and the severity of your offense. A second DWI offense in Texas may cost you more than $4,000 and anywhere from 30 days to 12 months in jail. In addition to fines and jail time, a second DWI will often result in the loss of a license for up to two years. 

A third offense involving a DWI charge can cost you up to $10,000 in total along with a complete loss of your ability to legally operate a vehicle. In some instances, you may also be required to serve between 2 and 10 years in total in prison. Anytime you are charged with a DUI or DWI in Texas, it is best to ensure you have proper legal representation for the best outcome possible. 

When you know what to expect when you’ve been charged with a DUI or DWI, you are less likely to feel confused, upset, or overly emotional about the situation you are in. Understanding the laws surrounding instances of operating a vehicle or driving while impaired and under the influence can help you determine the best course of action to take anytime you find yourself in an unfortunate scenario. The more familiar you are with the differences between DWIs and DUIs, the easier it will be for you to seek the most appropriate legal counsel and representation when you need it most.