Each state has its own use of the terms DWI or DUI, or driving while intoxicated or under the influence of drugs and/or alcohol.s

In Texas, the terms DWI and DUI are commonly used. So you might wonder: What exactly do DWI and DUI mean in Texas? The answer lies in the age of the person who is driving the vehicle at the time of the arrest. While DWI refers to adults 21 years or older, DUI refers to individuals who are below the drinking age of 21, or more specifically, minors – typically between 17 and 20 years old. DUI supports the Zero Tolerance legislation in Texas.

No matter what age you might be, you need to contact an Austin DWI lawyer immediately if you are arrested. 

DWI vs. DUI in Texas: Reviewing the Differences

Regardless of your age, it is unlawful in Texas to drive with a blood alcohol content (BAC) at or exceeding 0.08 percent or to demonstrate a lack of control over your physical faculties, such as slurred speech or problems with walking straight. 

You may also get arrested at a BAC of under 0.08 percent. This applies to individuals who drive a commercial vehicle or persons under 21 years old. In these cases, people who hold commercial driver’s licenses have a BAC limit of at or above 0.04 percent. Anyone under 21 years old cannot drive if they’ve been drinking alcohol.

Defining DWI

According to the state Penal Code § 49.04, DWI is defined in one of three ways.

1. Your normal mental and/or physical faculties are impaired due to alcohol consumption;
2. Your normal mental and/or physical faculties are impaired due to consuming a controlled substance, which includes prescriptions, over-the-counter medicines or illegal drugs; or
3. Your blood alcohol concentration is 0.08 percent or higher (for adults) or 0.04 percent or higher for those holding a commercial driver’s license (CDL).

Reasonable grounds for a DWI arrest are established through the results of a field sobriety test, a breathalyzer test, or findings from a drug recognition expert (DRE) evaluation. 

A first-time DWI offense is typically classified as a Class B misdemeanor unless your blood alcohol concentration level is over 0.15 percent. If you’ve taken a controlled substance, you may also face a drug-related offense.

Defining DUI

According to Section 106.041 of the state’s Penal Code, DUI covers a minor who is operating a vehicle after drinking alcohol.  So, if you’re 16 years old and are pulled over by the police, you can face a DUI if the officer detects alcohol on your breath. Because of the state’s Zero Tolerance law, DUI does not require evidence of impairment. Only trace amounts of alcohol or drugs need to be shown.

DWI Penalties

So what are the penalties for DWI in Texas? Well, if you’re convicted of a DWI, you can expect to face jail time, fines, license suspension, and/or enrollment in a treatment program. 

First-Time Penalties

First offenders may experience:

1. Jail time: If you’re charged with a DWI, you’ll spend 72 hours behind bars. However, if your DWI charge is coupled with an open container charge, the jail time can increase to six days. Keep in mind that 72 hours is the minimum. If found guilty, you may face up to 180 days (or six months) in the county jail. This means missing out on school, work, family life, and other important aspects that contribute to a quality of life.
2. Fines: As a first-time DWI offender, you may be fined up to $2,000.The amount you need to pay will vary based on the details of your situation.
3. Fees: To maintain your driver’s license, you may be required to pay a fee ranging from $1,000 to $2,000 for three years. This fee is submitted to the Department of Public Safety (DPS). The exact amount will depend on the specifics of your case.
4. License suspension: If you are a first-time DWI offender, your driver’s license may be suspended for a minimum of 90 days up to one year. If you test positive for alcohol or drugs through a blood or breath test, an automatic administrative suspension of your license will occur. 

If you initially refuse to take a breathalyzer test, the duration of your suspension may be longer. However, you have the option to request a hearing within 15 days of receiving the notice of suspension (typically given to you when your license is taken away after an arrest).

Programs. Depending on the circumstances surrounding your case, as a first-time offender, you may be required to attend classes or join an alcohol or drug program. These programs are designed to address the underlying issues that may have led to your DWI arrest.

Repeat DWI Offenders

As a repeat DWI offender in Texas, you’ll face some tough penalties. For example, if you’re stopped and arrested for a second DWI offense, you may experience one of the following punishments:

• A fine of up to $4,000
• Incarceration from one month to one year
• A license suspension from 180 days to two years
• The mandatory installation of an ignition interlock device

If you are arrested a third time for DWI, you may have to experience the following:

• A fine as high as $10,000
• From two to ten years in a Texas prison
• A license suspension from 180 days to two years
• A required installation of an ignition interlock device

DWI Penalties for Assault and Manslaughter

If you’re involved in a DWI where you cause bodily injuries or death, you’ll be dealing with a felony charge – a charge that comes with much more severe repercussions. Assault, under this classification, is a third-degree felony. Manslaughter while intoxicated is considered a second-degree felony.

Either of these charges may involve:

• A fine of up to $10,000 per charge
• Two to ten years jail time for DWI assault or two to 20 years jail time for intoxication manslaughter
• A license suspension of up to a year for either charge

As you can see, it’s easy to see why Texas embraces a policy of zero tolerance for DUI, as getting arrested for DWI two or more times, or under more serious circumstances, is an expensive and life-changing experience.

DUI Penalties 

The penalties for DUI in Texas are not as severe as those for DWI. However, they are still quite harsh for a minor who is charged with a first offense.

1. Jail Time: While first-time offenders will escape jail time, a second offense can lead to incarceration.
2. Fines: First-time offenders can face fines of up to $500. Although it may not sound as intimidating as the $2,000 fine charged for DWI, $500 can be a major burden for a young person to pay.
3. License suspension: Similar to DWI cases, your driving privileges will be suspended for 60 days. Suspension is handled administratively. 
4. Programs. As a first-time offender, you might be required to complete 20 to 40 hours of community service. For some offenses, the community service hours can go up to 60 hours.

While the penalties are not as serious for DUI as they are for DWI, having a record can create problems. Young people can face challenges when trying to obtain college loans, get housing on campus, or get a job after high school graduation.

Expunctions for DWI and DUI

For DWI offenses, an expunction is available for people who are charged but not convicted of DWI. If you’re convicted of DUI and have less than 0.08 percent blood alcohol content (BAC), you may be eligible for expunction.

Eligibility

The Lone Star State’s Criminal Procedure Section 55.01 establishes the criteria for getting a record expunged. More specifically, permission is granted in the following cases:

• Criminal charges were not filed.
• The arrestee was charged but acquitted on appeal.
• Charges were subject to a later order for dismissal.
• The defendant was determined to be innocent after the conviction.
• A grand jury issued a “no-bill” decision – in other words, not enough evidence was found to support the defendant’s guilt.
• The defendant was arrested but not tried, and the prosecutor approved an expunction.
• A successful plea bargain was reached.
• A pardon was received from the Governor or U.S. President.

If you’re imprisoned for DWI, you are not eligible for an expungement. 

Deferred Adjudication and Expungement

In the instance of deferred adjudication, an expungement is allowed for a Class C misdemeanor charge. A deferred adjudication is a type of probation that allows the defendant to keep their conviction off their criminal record as long as they plead “guilty” or “no contest” with a judge’s approval.

Straight probation, however, is not eligible for expunction. If you’re charged with a Class A or Class B misdemeanor, or a felony, you can only petition the court for an order of nondisclosure. 

Nondisclosure for DWI Convictions

Nondisclosure laws in Texas allow first-time DWI offenders to have their DWI convictions sealed. This means that the general public cannot review your record. While the record is not destroyed, it still is concealed from view. Therefore, you don’t have to disclose your DWI conviction on a job application, mortgage loan application, or similar document.

Waiting Periods for Requests for Expunction or Nondisclosure

Depending on how you’re charged, your waiting period for a request for expunction or nondisclosure varies. After a Class C misdemeanor arrest, you’ll usually have to wait 180 days. For a Class A or Class B misdemeanor, you’ll need to wait three to five years. Felonies involving DWI have waiting periods of three to five years.

A criminal record cited for expunction is destroyed within six months after the filing of the court order.

Contact DWI/DUI Defense Attorney in Texas Today

If you’ve been charged with DWI/DUI, you need to get legal help immediately. In Texas, contact the Law Office of David D. White, PLLC. To experience the best outcome, you need to consult with an attorney right away.