What’s the Difference Between a DUI & DWI in Texas?

Texas has very strict laws when it comes to driving under the influence (DUI) or driving while intoxicated (DWI). Being arrested for either of these offenses can be scary and overwhelming. While the terms might seem interchangeable, they’re not, so it’s important to understand the difference between a DUI and a DWI in Texas.

In Denton County, there were 566 alcohol-related crashes in 2024 alone. Because of this, driving under the influence of any substance that impairs your ability to drive safely is a serious offense and comes with intense consequences.

What’s the Difference Between a DUI and a DWI in Texas?

Any substance that impairs your ability to drive, including prescription drugs and cold medicine, could put you in this category. While both a DUI and a DWI refer to being impaired while driving any kind of vehicle, including cars, boats, and planes, Texas has divided them into two separate categories with separate types of charges.

To be charged with a DWI in Texas means that the driver’s blood alcohol concentration was at least 0.08 percent. To be arrested with a DWI charge, the driver must fail a field sobriety test or be suspected of impaired driving due to alcohol or another substance.

To be charged with a DUI, on the other hand, the driver must be a minor. If the officer detects the smell of alcohol on the minor’s breath, then they can charge them with a DUI.

Penalties for a DUI

The penalties for a DUI are less than those for a DWI, but can still affect the minor’s future. A charge on their record for drunk driving can affect their chances of getting into college, getting a student loan, and finding a job. A first-time offender could also face:

• A fine of up to $500
• A suspended driver’s license

While a first-time offender might not face jail time, if they’ve been convicted at least twice, then they could face:

• A fine between $500 and $2,000
• Jail time of up to 180 days
• Both a fine and jail time

Penalties for a DWI

The penalties for a DWI are more severe. A first-time offender could receive:

• A fine of up to $2,000
• Jail time between 3 and 180 days
• A suspended driver’s license for up to one year

If this offense is not the first time, though, the penalties get increasingly more severe. For example, a second offense could carry:

• A $4,000 fine
• Jail time between one month to a year
• A suspended driver’s license for up to two years

Three or more offenses can mean a fine of up to $10,000 and 2 to 10 years in jail.

Contact The Law Office of Earl Dobson

If you’re facing any of these charges, whether that be a DUI or a DWI in the state of Texas, then it’s crucial that you hire a DWI or DUI defense attorney to defend you.

Earl Dobson has years of experience with these charges and understands how much these charges can affect your life. He will work with your specific circumstances to develop strategies to defend you.

Contact his office today to schedule a consultation.