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legalassistant@wm-attorneys.com 512-369-3737 get directionIn the vast realm of driving offenses, two terms that frequently surface are DWI and DUI. While both involve operating a vehicle under the influence, the differentiation in terminology can often lead to confusion. Texas, like other states, has its unique interpretation and application of these terms. To shed some clarity, let’s dive deep into the distinction between DWI and DUI in the Lone Star state.
In the state of Texas, the primary distinguishing factor between DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) is age. Simply put:
Whether you’re an adult or a minor, if you find yourself in such a predicament, it’s essential to immediately consult with an Austin DWI lawyer.
Texas’s Penal Code § 49.04 articulates DWI in three ways:
The grounds for a DWI arrest could stem from field sobriety tests, breathalyzer results, or observations made by a drug recognition expert (DRE). A first DWI offense, generally a Class B misdemeanor, can elevate to graver classifications if the blood alcohol concentration is notably high or if controlled substances are involved.
Section 106.041 of Texas’s Penal Code is clear on DUI: if you’re a minor and have consumed any amount of alcohol, you’re eligible for a DUI. Texas’s Zero Tolerance policy ensures that there’s no need to demonstrate impairment for a DUI charge — the mere presence of alcohol or drugs is enough.
For those found guilty of a DWI in Texas, consequences can be severe:
If a DWI incident involves assault or even worse, manslaughter, the offender is looking at felony charges. Fines can hit the $10,000 mark, and jail time can stretch from two to twenty years.
DUI penalties, while milder than DWI, can still significantly impact a young person’s life:
Remember, a record, even for a minor, can have long-lasting implications — affecting college admissions, job prospects, and more.
Texas offers avenues for those charged, but not convicted, of DWI to expunge their records. If convicted of a DUI with a BAC under 0.08%, expunction might still be an option.
Additionally, first-time DWI offenders can benefit from nondisclosure laws, enabling them to seal their records from public view. However, specific criteria and waiting periods apply, making it crucial to consult with a legal professional.
Driving offenses, particularly DWI and DUI, can have profound repercussions on one’s life, both immediately and in the long run. If you find yourself ensnared in such circumstances, reach out to The Law Office of David D. White, PLLC: Austin Criminal Lawyer. Equip yourself with the best defense and ensure that your rights are staunchly protected.
The founder of the Law Office of David D. White, PLLC: Austin Criminal Lawyer, has been defending the rights of criminal defendants in Austin, Texas since 2008. We are a client-centered law firm where we fight to preserve the presumption of innocence on behalf of our clients in every criminal case we take. We believe that everyone is entitled to a fair trial and we strive to provide our clients with the best possible defense to ensure that this is true.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney, David D. White who has more than 20 years of legal experience as an Austin Criminal Defense Lawyer.
608 West 12th Street, Suite B Austin, TX 78701
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