DWI and DUI are often used interchangeably, but they are very different and applied in different ways in Texas. Those who are arrested and charged with either a DWI or a DUI will want to make sure they understand the charges they’re facing, the potential penalties, and the defenses available to them. It is crucial to speak with a lawyer right away to get help and talk DUI vs DWI in Texas.

DWI vs. DUI

DWI vs DUI: What’s the Difference in Texas

DUI stands for Driving Under the Influence and typically relates to driving after using drugs or drinking alcohol. DWI stands for Driving While Intoxicated. DWI vs. DUI do sound similar; in Texas, the difference between the two is based on age.

Defining the Words

Those who are not old enough to legally consume alcoholic beverages are typically charged with a DUI if they are stopped and arrested. Those who are over 21 years old are likely going to be charged with a DWI. In either instance, it is recommended to speak with a Fort Worth DUI Defense attorney to get help dealing with the charges.

What Are the Potential Penalties?

Those who are convicted of a DUI face up to $500 in fines, a suspension of their driver’s license, participation in an Alcohol Awareness Course, and the potential for community service. These penalties are designed to help teach the driver about the dangers of driving under the influence and to prevent them from doing so again. Those who are convicted of a DWI face more serious penalties. They can face up to $2,000 in fines, between three and 180 days in jail, a license suspension of up to a year, and additional penalties as ordered by the judge. It is imperative for drivers who receive a suspended license to follow the rules of the suspension carefully, as driving with a suspended license can lead to additional penalties.

What Happens if Someone is Arrested Again?

If someone already has a DUI or DWI conviction on their record again, they can face more severe penalties. For a second DWI offense, the driver faces fines that are up to $4,000, up to a year in jail, having the license suspended for up to two years, and more. They may be required to install an interlock ignition device in the vehicle, which will mean they have to breathe into a machine that measures their blood alcohol content before the vehicle starts. If someone continues to drive after drinking, they can face higher fines and longer jail sentences, and they may have their driver’s license revoked.

Defending Against These Charges

Whether it’s a person’s first arrest or they already have a conviction on their record, it is imperative they get help to deal with the situation. There are defenses that can be used to help minimize the potential for a conviction, to help reduce the impact it can have on their life, or to minimize the penalties they face. A lawyer will be able to help the driver learn more about what they’re facing and what defenses are possible for that specific case.

If you’ve been arrested and charged with a DUI or DWI, it’s imperative you take the situation seriously. Start by talking to a lawyer about your case to learn more about what can be done and what may happen if you are convicted. They’ll help you through the case to minimize the impact it can have on you and your future.

FAQ – DWI vs. DUI

1. What is the difference between DWI and DUI?

DWI typically stands for “Driving While Intoxicated,” referring to a driver operating a vehicle with a blood alcohol content (BAC) over the legal limit.

DUI stands for “Driving Under the Influence,” which can involve alcohol or drugs (both legal and illegal). The specifics can vary by state, but generally, DWI refers more specifically to alcohol intoxication, while DUI can encompass a broader range of substances. In cases involving domestic violence, consulting a Glendale Domestic Violence Lawyer can provide essential guidance on how such charges might impact related legal issues, including DUI cases.​​​​​​​

2. Are DWI and DUI considered the same offense legally?

The distinction between DWI and DUI depends on the state. Some states use the terms interchangeably, while others distinguish between them, with DWI often being considered more serious than DUI. For example, in some jurisdictions, DWI refers strictly to alcohol, whereas DUI may involve drugs or other substances.

What are the legal consequences of a DWI vs. a DUI?

Both offenses can result in severe penalties, including fines, license suspension, and jail time. The exact penalties depend on the state’s laws, the driver’s BAC level, whether it is a first offense or a repeat offense, and if any aggravating factors (like causing an accident) are present.

How do law enforcement officers determine DWI or DUI?

Officers use field sobriety tests, breathalyzers, and blood tests to determine intoxication. A BAC of 0.08% or higher generally qualifies as DWI in most states. For DUI, officers might look for signs of drug impairment or a lower BAC if the driver is underage.

Can prescription medications lead to a DUI charge?

Yes, if prescription medications impair a person’s ability to drive safely, they can be charged with a DUI. It’s important to follow all warning labels and consult with a doctor about the potential effects of medication on driving.

What should I do if I am pulled over and suspected of DWI or DUI?

Remain calm, be polite, and follow the officer’s instructions. You have the right to remain silent and request an attorney. It’s often advised to comply with field sobriety tests and chemical tests, as refusal can lead to additional penalties.

How can a DWI or DUI affect my driving record and insurance rates?

A conviction can result in points on your driving record, leading to higher insurance premiums and potential loss of driving privileges. Some states have mandatory reporting to the DMV, which can impact your driving status.

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