If you’ve been pulled over for drinking and driving in Texas, you might hear the terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) used interchangeably. But under Texas law, they’re not the same offense. Understanding the difference is crucial, because the penalties, age requirements, and long-term consequences can vary dramatically.
Here’s a breakdown from the criminal defense attorneys at Batrice Law Firm in Austin, TX to help you understand what each charge means and what to do if you’re facing one.
1. What Does DWI Mean in Texas?
DWI (Driving While Intoxicated) applies to adults who are operating a motor vehicle while intoxicated — meaning their mental or physical faculties are impaired by alcohol, drugs, or a combination of both.
- A blood alcohol concentration (BAC) of 0.08% or higher is considered legally intoxicated.
- DWI charges can also apply if you’re below the legal limit but are visibly impaired.
- Police may use field sobriety tests, breath tests, or blood draws to prove intoxication. Do no agree to any test of any kind during a traffic stop.
In Texas, DWI is generally a Class B misdemeanor, but penalties can escalate quickly based on your BAC level, prior offenses, or whether someone was injured in the incident.
2. What Does DUI Mean in Texas?
DUI (Driving Under the Influence) in Texas only applies to drivers under the age of 21. Texas has a zero-tolerance policy for minors when it comes to alcohol.
- Any detectable amount of alcohol in an underage driver’s system can result in a DUI charge.
- Unlike DWI, there’s no minimum BAC threshold for a DUI.
- A DUI is usually charged as a Class C misdemeanor, which is less severe than a DWI — but it can still lead to license suspension, fines, and long-term consequences.
Even though it’s often seen as a “lighter” charge, a DUI can still affect college admissions, employment, and future driving privileges.
3. What Are the Penalties for a DWI in Texas?
Penalties for a first-time DWI can include:
- Up to 180 days in jail
- Fines up to $2,000
- License suspension from 90 days to a year
- Possible ignition interlock device (IID) installation
For a second or third DWI, penalties increase sharply, including longer jail time, higher fines, and mandatory treatment programs. A third DWI is a felony offense in Texas.
Because of how serious these penalties are, it’s essential to speak with an Austin DWI lawyer as soon as possible after an arrest.
4. What Are the Penalties for a DUI in Texas?
A first-time DUI (for minors) can result in:
- Fines up to $500
- License suspension for up to 60 days
- Community service hours
- Required alcohol awareness education
Subsequent offenses lead to steeper penalties, longer suspensions, and possible jail time once the person reaches adulthood.
Even though a DUI might seem less serious than a DWI, it can still stay on your record and impact your future.
5. Can a Minor Be Charged With a DWI?
Yes, if a driver under 21 has a BAC of 0.08% or higher, they can be charged with a DWI, not just a DUI. This often happens in more severe cases or when there are aggravating factors like speeding, open containers, or an accident.
This distinction makes it especially important for young drivers (and their parents) to understand how Texas law treats alcohol-related offenses.
6. Why You Need an Attorney for Either Charge
Both DWI and DUI charges can have lasting effects — on your driving record, insurance rates, and even employment opportunities.
An experienced Austin criminal defense attorney can:
- Challenge the legality of the stop or arrest
- Review test results for errors or rights violations
- Negotiate reduced penalties or alternative sentencing options
The sooner you contact a lawyer, the more options you have to protect your rights and your future.
Key Takeaway
In Texas, a DWI applies to adults (21 and older) and carries harsher penalties, while a DUI is reserved for minors under 21 with any amount of alcohol in their system. Both can have serious legal and personal consequences — but with the right legal help, you can protect your record and your future.
If you or someone you know has been arrested for DWI or DUI in Austin, TX, contact Batrice Law Firm today. Our team of experienced criminal defense attorneys will review your case, explain your options, and fight for the best possible outcome.
