DUI stands for “driving under the influence,” and DWI stands for “driving while intoxicated.” Some people use these two terms interchangeably, but they have distinct meanings for applicable charges in Texas. DUIs are reserved only for minors or a person younger than 21. Texas courts can give DWIs to anyone of any age.
Driving under the influence (DUI). Also termed “driving under the influence of alcohol” (DUIA), this charge applies under the Texas Traffic Code and is issued to minors who have any detectable amount of alcohol in their system per Texas’s zero-tolerance policy.
A DUI is a class “C” misdemeanor with a maximum punishment of a $500 fine. Penalties for a DUI include:
- A fine of up to $500
- Community service up to 40 hours
- License suspension up to 60 days
- Mandatory alcohol awareness classes
Driving while intoxicated (DWI). The Texas Penal Code governs DWIs issued to anyone of any age who has a blood alcohol content (BAC)* of 0.08 or higher or is clearly driving while impaired. The standard first offense DWI is a class “B” misdemeanor.
According to the Texas Penal Code §49.01(2), a person is ‘intoxicated’ if they meet either of the following two conditions:
- They do not have the normal use of mental or physical faculties due to alcohol or drugs
- They have a BAC of 0.08 or higher
*Technical note: BAC is the medical and legal measure of alcohol, measured either through the bloodstream or breath. Medical and legal standards calculate BAC as milligrams (mg) of alcohol per 100 milliliters (ml) of blood. A BAC of 0.08, for example, means that an individual’s blood supply contains one part of alcohol for every 800 parts of blood.
A DWI is a more severe charge than a DUI, and penalties can range from large fines and driver’s license suspension or revocation to jail time. Additionally, as mentioned above, if a motorist is convicted, they are ineligible to receive a standard driver’s license.
It’s also worth noting that Texas statute defines DWI as “operating” a vehicle while intoxicated. In Texas, though, the term “operate” is broad. Courts have defined it to include any action to “affect the functioning” of a vehicle in a manner that “enables its use.” By this definition, a motorist does not necessarily need to drive their vehicle to acquire a charge for DWI.