States set their criminal laws, using specific terminology that might vary widely from state to state. For example, some states refer to drunk driving as DUI, while others call this offense DWI. Texas has laws regarding both DWI and DUI, and these are two different offenses that apply in different circumstances.

If you are arrested for either DWI or DUI in the Austin area, you should immediately seek help from a trusted DWI defense attorney. Read on for information about DWI vs. DUI charges and possible defenses. 

Driving While Intoxicated (DWI) Charges

Driving while intoxicated (DWI) in Texas refers to the criminal offense of operating a motor vehicle while impaired by alcohol or drugs. DWI laws in Texas are strict due to the risks of drinking and driving accidents, injuries, and death.

In Texas, a person is considered to be driving while intoxicated if they are operating a motor vehicle in a public place while having a blood alcohol concentration (BAC) of 0.08% or higher. However, it’s important to note that even if your BAC is below 0.08%, you can still be charged with DWI if your ability to operate the vehicle is impaired due to alcohol or drugs.

For certain individuals, such as drivers under the age of 21 and commercial drivers, stricter BAC limits apply. For drivers under 21, any detectable amount of alcohol in their system can lead to legal consequences (more information on this below). For commercial drivers, the BAC limit is 0.04%. 

The penalties for a DWI conviction in Texas can be severe, with escalating consequences for repeat offenses. Here’s an overview of potential penalties:

• First Offense:
  • Class B misdemeanor charge
  • A fine of up to $2,000
  • Jail time ranging from 72 hours to 180 days
  • Suspension of driver’s license for up to one year
  • Annual surcharge of up to $2,000 for three years to retain driving privileges
• Second Offense:
  • Class A misdemeanor charge
  • A fine of up to $4,000
  • Jail time ranging from 30 days to one year
  • Suspension of driver’s license for up to two years
  • Annual surcharge of up to $2,000 for three years to retain driving privileges
• Third Offense:
  • Third-degree felony charge
  • Felony charge with a fine of up to $10,000
  • Jail time ranges from two to ten years
  • Suspension of driver’s license for up to two years
  • Annual surcharge of up to $2,000 for three years to retain driving privileges
• Subsequent Offenses:
  • Felony charges and penalties continue to escalate, including higher fines, longer jail time, and potential loss of driving privileges.

The penalties for DWI can sharply increase if there was a child in the car or the DWI resulted in an accident causing injuries or death. Other aggravating factors include having a BAC over 0.15 percent or having an open container in the vehicle at the time of the DWI. 

Aside from legal penalties, a DWI conviction can have far-reaching consequences that impact various aspects of your life, such as:

• Increased auto insurance rates
• Potential loss of employment, especially if your job involves driving
• Limited job prospects due to a criminal record
• Challenges in renting housing
• Negative impact on personal relationships and reputation

Law enforcement officers in Texas use various methods to determine if a driver is impaired. This includes field sobriety tests (such as walking in a straight line) and breath tests using a breathalyzer machine. Refusing to take a breath test can result in an automatic driver’s license suspension.

Driving Under the Influence (DUI) Charges

Underage DUI charges in Texas apply to individuals under the age of 21 who operate a motor vehicle while under the influence of alcohol or drugs. In Texas, the legal drinking age is 21, and individuals under this age are subject to zero-tolerance laws regarding alcohol consumption and driving. 

For underage drivers, any detectable amount of alcohol in their system can lead to legal consequences. The legal blood alcohol concentration (BAC) limit for individuals under 21 is 0.00%, meaning that they cannot have any alcohol in their system while operating a motor vehicle.

Underage DUI charges come with significant legal penalties that can affect a young person’s life. This is a Class C misdemeanor charge and penalties can include:

• License suspension: For a first offense, an underage driver can face a driver’s license suspension for 60 days. Subsequent offenses can result in longer license suspensions.
• Community service: The court may require the individual to perform community service hours as part of their sentence.
• Alcohol education program: In some cases, the court may require participation in an alcohol education program.
• Fines: Underage DUI convictions can result in fines, often up to $500.
• Probation: The court may impose probation, during which the individual must comply with certain conditions, such as regular check-ins with a probation officer.
• Criminal record: A conviction for underage DUI will result in a criminal record, which can have lasting impacts on employment, education, and other aspects of life.
• Ignition interlock device: For repeat offenders or those with high BAC levels, the court may require the installation of an ignition interlock device in the individual’s vehicle. This device prevents the vehicle from starting if alcohol is detected on the driver’s breath.
• Increased insurance rates: Underage DUI convictions can lead to substantially higher auto insurance rates.

Beyond the immediate legal penalties, an underage DUI conviction can have long-term consequences on a young person’s life. A criminal record can affect educational and job opportunities, housing prospects, and personal relationships. 

DWI Charges for Underage Drivers

DUI is reserved for zero-tolerance cases where a driver has a low BAC but is underage and still in violation of the law. However, it is important to note that underage drivers can also face DWI charges if their BAC is over the standard legal limit of 0.08 percent.

In these cases, the underage driver can face more serious Class B misdemeanor DWI charges rather than Class C misdemeanor DUI charges. Most importantly, this means that jail time is on the table as a possible penalty, up to 180 days. 

If you or your underage child faces DWI charges with a BAC over 0.08 percent, you need a highly experienced DWI defense lawyer on your side right away. 

Common Defenses to DWI or DUI Charges

When facing DWI or DUI charges, you have the right to mount a legal defense to challenge the allegations. While each case is unique, several common defenses can be utilized to contest DWI charges. 

Here are some potential defenses that individuals can our DWI attorneys can explore:

• Illegal Traffic Stops – Law enforcement officers must have a valid reason to initiate a traffic stop. If the officer lacked the reasonable suspicion to pull you over, it might be possible to challenge the legality of the stop, which could lead to evidence being suppressed.
• Field Sobriety Test Accuracy – Field sobriety tests, such as the walk-and-turn or one-leg stand, are subjective and can be affected by factors other than intoxication, such as nervousness or medical conditions. Challenging the accuracy and reliability of these tests can weaken the prosecution’s case.
• Breathalyzer Accuracy – Breathalyzer devices used to measure BAC can be subject to calibration issues, maintenance problems, or operator errors. An attorney might challenge the accuracy of the breath test results if there are grounds to believe the device was faulty.
• Blood Test Handling – Blood tests are more accurate than breath tests, but mishandling blood samples can compromise the results. If proper procedures were not followed in obtaining, storing, or analyzing the blood sample, it can be grounds for challenging the evidence.
• Medical Conditions – Certain medical conditions, such as gastroesophageal reflux disease (GERD), can lead to false high BAC readings on breathalyzer tests. If you have a medical condition that could impact your BAC test results, this can be used as a defense.
• Rising BAC Defense – The alcohol in your system might still be rising at the time of the traffic stop. This means your BAC could have been below the legal limit while you were driving but was above the limit by the time you were tested. This can be a viable defense if supported by evidence.
• Inaccurate Field Observations – Officers’ subjective observations of your behavior and appearance might not necessarily indicate intoxication. An experienced attorney can challenge the validity of these observations if they can be shown to be unreliable or misinterpreted.
• Necessity Defense – In certain situations, such as a medical emergency, driving under the influence might have been necessary to avoid greater harm. This defense argues that the necessity of the situation justified the action taken.
• Violation of Miranda Rights – If you were not properly informed of your Miranda rights (the right to remain silent and have an attorney present), statements made to law enforcement might not be admissible in court.

The defenses you might present will depend on the circumstances of your traffic stop, arrest, and allegations against you.

Discuss Your Charges With an Austin DWI Defense Lawyer

Each DWI case is unique, and the effectiveness of certain defenses depends on the specific circumstances and evidence at hand. Consulting with our experienced DWI defense attorneys is crucial to determine the best strategy for your case and to ensure your rights are protected throughout the legal process. Contact The Law Office of David D. White, PLLC: Austin Criminal Lawyer today for more information here.