The Difference Between DWI vs DUI

Drunk driving is a serious crime in the Lone Star State. The terms DUI and DWI are often used interchangeably in many states, but there is a distinct difference between the two in Texas. Understanding these differences is crucial if you find yourself facing a drunk driving charge in Texas. Never wait to discuss your charges with an Austin DUI or DWI defense lawyer. 

DUI vs. DWI in Texas

The main difference between a DUI and DWI lies in the age of the driver and the level of impairment. Let’s break it down:

• DUI (Driving Under the Influence): DUI is used to describe cases where the driver is under the age of 21 and cannot legally consume alcohol. Texas has zero-tolerance laws for minors, which means they can face DUI charges if they have any detectable amount of alcohol in their systems while operating a motor vehicle.  A driver under the age of 21 can still be charged with a DWI if the blood alcohol content is measured at .08 or higher. 
• DWI (Driving While Intoxicated):
• DWI applies to anyone operating a motor vehicle who is alleged to have a BAC over 0.08 percent, or someone alleged to have lost their physical or mental faculties due to the induction of alcohol or other substances. Underage drivers can also face DWI charges if they have a BAC over 0.08 percent. 

Potential Consequences of a DWI or DUI in Austin, Texas

The consequences of drunk driving in Austin, Texas, can have a significant impact on your life, financially, legally, professionally, and personally. Often leaves individuals unsure of their Chances of Dismissal of DWI in Texas as well. Here are potential consequences for a DWI or DUI conviction:

• Criminal Charges: A DWI or DUI can lead to criminal charges, resulting in fines, probation, mandatory alcohol education or treatment programs, community service, and even jail time.
• Driver’s License Suspension: Upon being charged with a DWI or DUI, your driver’s license can be suspended. Visit our blog If My DWI Case Is Dismissed, Do I Get My License Back? to get a legal advice if is your current case.
• Impact on Employment: A DWI or DUI conviction can have a detrimental effect on your current and future employment opportunities. Certain professions may have strict policies concerning employees with alcohol-related offenses on their records.
• Ignition Interlock Device: In some cases, the court may require you to install an ignition interlock device (IID) in your vehicle. This device measures your breath alcohol concentration before allowing the engine to start.
• Jail Time: Depending on the circumstances and any prior convictions, a DWI or DUI can result in a jail sentence of varying lengths.

Texas DWI & DUI Frequently Asked Questions

Q: Can I refuse to take a breathalyzer test if I get pulled over for a DUI or DWI in Texas? A: Yes, you can absolutely refuse to submit to any breathalyzer tests. Be aware that in the even of refusal, many counties will seek out a search warrant for a blood draw. Additionally, refusing to submit a specimen of your breath or blood can result in more severe driver’s license suspensions. 

Q: Can I get a DWI or DUI charge expunged from my record? A: In Texas, DWI and DUI convictions charges cannot be expunged, however some DWI convictions may be eligible to be sealed through a Petition for Non-Disclosure depending on how your case was resolved.

Q: Can a DWI or DUI charge be reduced to a lesser offense? A: In some cases, if there are mitigating factors and you have a defense attorney negotiating with the prosecutor, a DWI or DUI charge might be reduced to a lesser offense. This is often a desirable result to prevent a DWI conviction from tarnishing your criminal history.

Q: How long will a DWI or DUI conviction stay on my driving record in Texas? A: A DWI or DUI conviction will remain on your driving record in Texas for a minimum of ten years.

How DUIs and DWIs Impact Insurance Rates

One of the significant consequences of a DWI or DUI conviction in Austin, Texas, is the impact it can have on your auto insurance rates. Insurance companies view individuals with a history of drunk driving as high-risk drivers, leading to increased premium rates or even policy cancellations. The exact impact on your insurance rates will depend on various factors, such as your driving history, any prior convictions, and your insurance provider’s policies. 

Need an Austin DWI Lawyer? Contact the Law Office of David D. White!

Understanding the difference between DWI vs DUI is crucial if you find yourself facing a DWI or DUI charge in Austin, Texas, but remember you have experienced legal representation in your corner. With an in-depth understanding of Texas DWI laws and extensive experience defending clients against drunk driving charges, we are committed to providing you with thorough and effective legal representation. Contact the team of dedicated Austin DWI lawyers at The Law Office of David D. White now to book a free legal consultation.