When it comes to road crashes involving intoxicated or impaired drivers, Texas stands out as the state with the most frequent occurrences, averaging 42% of total vehicle crashes in the state-NHTSA.
In Texas, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably in casual conversations related to drunk or intoxicated drivers. However, legally, these terms refer to different offenses with distinct definitions and implications under Texas law. Though there are steps to take when a drunk driver hits you in Texas, understanding the differences between DUI and DWI laws is crucial for residents, especially for those navigating legal issues related to impaired driving.
This article will analyse the critical differences between DWI and DUI in Texas, focusing on legal definitions, penalties, and the impact on the driver’s record.
Legal Definitions and Distinctions
To decipher what the difference between DUI and DWI is, let’s first consider their legal definitions.
What is DWI in Texas?
DWI means driving while intoxicated by alcohol, drugs, or a combination of both. The legal benchmark for intoxication in Texas is a Blood Alcohol Concentration (BAC) of 0.08% or higher for drivers aged 21 and over. However, a person can also be charged with a DWI if they do not meet this BAC threshold but are visibly impaired and unable to operate a vehicle safely.
What is DUI in Texas?
DUI in Texas is a charge related explicitly to minors, defined as individuals under the age of 21. Texas employs a zero-tolerance policy regarding underage drinking and driving. This means that any traceable amount of alcohol found in the system of a driver under 21 can lead to a DUI charge, regardless of whether the alcohol level reaches the standard BAC threshold for intoxication set for adults. It is important to note that even prescription medications that can significantly impair your judgment and increase the risk of dangerous driving would pass for DUI.
Penalties and Consequences
DWI Penalties
The penalties for a DWI in Texas can be severe and increase with subsequent offenses. A first-time DWI is often classified as a Class B misdemeanor, resulting in penalties including a fine of $2,000, 72 hours to 6 months in jail, and a driver’s license suspension of 3 months to one year. Subsequent offenses carry heavier fines, longer jail time, and extended license suspensions. Additionally, aggravating factors such as having a BAC of 0.15% or higher or having a child passenger can enhance penalties.
Wet reckless comes in when a person charged with DWI pleads to a lesser charge of reckless driving involving alcohol. This plea bargain is less severe than DWI.
DUI Penalties
The penalties for a DUI are different since this offense explicitly concerns minors. Categorized as a Class C misdemeanor, DUI penalties may include a fine ranging up to $500, 20 to 40 hours of community service, compulsory alcohol awareness classes, and a 60-day driver’s license suspension. Subsequent offenses can lead to increased community service hours, more extended education programs, and longer suspension periods.
Impact on Driving Record
DWI and DUI charges will impact a driver’s record, but the extent and nature of this impact can differ significantly. A DWI conviction typically has more severe implications, including potential impacts on employment, especially for jobs that require driving. Both offenses may lead to increased insurance rates, but DWI-related increases tend to be higher and last longer.
Additionally, DWI convictions can lead to installing an ignition interlock device on the offender’s vehicle and the requirement to maintain SR-22 insurance—a form of high-risk auto insurance that proves financial responsibility.
Legal Procedures and Defenses
The legal procedures for handling DWI and DUI charges also differ. Given their severity, DWI charges often involve more complex legal proceedings, including more extensive evidence gathering (e.g., BAC tests, field sobriety tests, and potentially drug recognition evaluations). Legal defenses include questioning the accuracy of BAC tests or the rationality of the traffic stop.
Conversely, DUI charges typically involve proving that the minor had any detectable amount of alcohol in their system, which can be a more straightforward process but with fewer opportunities for defense.
Conclusion
Understanding the distinctions between DWI and DUI laws in Texas is essential for navigating the state’s legal system and understanding its approach to impaired driving. Whether an individual faces a DWI or DUI, it’s best to seek legal guidance to navigate the case’s complexities and mitigate the potential consequences. Both charges carry significant penalties and can affect one’s driving record and personal life.
FAQs
What is the duration of a DWI on your record in Texas?
In Texas, a DWI conviction remains on your record indefinitely. If you are interested in potentially having the record expunged, consult a DWI attorney to evaluate if expungement is feasible under your specific circumstances. Considering the lasting impact a DWI can have on your employment and housing opportunities, it is vital to seek legal advice promptly if you face a DWI charge.
Do you get license suspension for a first DWI in Texas?
Being charged with your first DWI in Texas generally results in a driver’s license suspension ranging from 90 days to one year. Refusing to undergo a breathalyzer test can extend this suspension period.
Can a DUI be dismissed?
Yes, a DUI charge can be dismissed under certain circumstances, although it depends on the case’s specifics. Common grounds for dismissal might include:
- Insufficient evidence of the driver having consumed alcohol (e.g., faulty breathalyzer results or improper administration of the test).
- Procedural errors during the arrest, including failure to read Miranda rights or lack of probable cause for the traffic stop.
- Successful completion of a pre-trial diversion program if the defendant is a first-time offender and the program is available in their jurisdiction.
Is DWI in Texas a felony?
DWI can be a felony in Texas, but it depends on the circumstances of the offense. Here are the conditions under which a DWI can escalate to a felony:
- Third DWI Offense: A third DWI conviction is typically considered a Third-Degree Felony in Texas.
- DWI with a Child Passenger: Driving while intoxicated with a passenger who is under 15 years old is considered a State Jail Felony.
- DWI Assault: Causing serious bodily injury to another person while driving under the influence may warrant an intoxication assault charge, which is a Third-Degree Felony.
- DWI Manslaughter: If a death occurs as a result of the drunk driving incident, the charge can be elevated to Intoxication Manslaughter, which is a Second-Degree Felony.
Each of these felony charges carries significant penalties, including potential prison time, hefty fines, and long-term license suspensions.
Is drunk driving a felony in Texas?
Drunk driving may be considered a felony in Texas under specific circumstances. Generally, a standard first or second DWI without aggravating factors is charged as a misdemeanor. However, the presence of certain elements, such as multiple offenses, driving with a minor passenger, causing injury, or causing death, can elevate the charge to a felony. Each upgrade in charge severity brings more severe penalties and longer-lasting consequences.
In all these scenarios, the case’s specifics greatly influence the legal outcomes, and legal representation is crucial for navigating the complexities of Texas DUI and DWI laws.
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