DWI & DUI Differences

 Posted on July 24, 2020 in DWI

So people use these terms interchangeably but really in Texas, they're very different things. DWI is an acronym for "Driving while Intoxicated." While DUI stands for "Driving Under the Influence."

Which charge is worse?

DWI is much much worse than DUI. In the DWI case the state has to prove intoxication which is a high standard. They have to prove that you either had a blood-alcohol concentration above 0.08 or that you had lost the normal use of your mental or physical faculties. Conversely, in a DUI, all the state has to prove is that someone under the age of 21 had any detectable amount of alcohol in their system. The idea here being that people under the age of 21 aren't supposed to be drinking alcohol at all. So even a sip of alcohol and then getting behind the wheel can have you be found guilty for DUI.

What are the punishment differences?

So in Texas a DWI, even for a first-time offender can result in up to six months in jail and a $2,000 fine. While in a DUI, the state is limited in their punishment options. The maximum punishment is a $500 fine, some community service hours, may be an alcohol awareness class, but certainly no jail time at all.

What should I do if I have been charged?

So if you find yourself in a situation where you've been arrested or you're accused of driving while intoxicated, feel free to give our office a call. We have a lot of experience. We have a former DWI prosecutor. We've helped hundreds if not thousands of people in similar situations.