It’s no secret that most of us are familiar with the terms DUI and DWI. The terms are short for “driving under the influence” and “driving while intoxicated,” respectively. On the other hand, it’s also possible that someone may not completely understand how these terms are both similar and different. In fact, under Texas state law, both DUI and DWI refer to someone operating a motor vehicle while intoxicated, meaning that they don’t have complete possession of all of their physical and mental capacities thanks to using drugs or alcohol.
Perhaps the biggest difference between the two terms boils down to the age of the driver in question. For instance, someone who is 21 or older who is found to be intoxicated can be charged with a DWI. However, if someone under the age of 21 ends up getting pulled over and is found to be intoxicated thanks to alcohol, that person can be charged with a DUI. The zero-tolerance policy in Texas mandates that no individual under the age of 21 may operate a motor vehicle if they have any amount of drugs or alcohol in their system. What’s more, someone under the age of 21 can also be charged with a DWI; however, the driver’s blood alcohol concentration must first be .08 or higher.
The penalties for each offense is also another big difference between a DUI and DWI. For instance, a first-time DWI offense can result in one or all of the following:
*$2,000 fine
*Jail sentence of three to 180 days
*Loss of driver’s license for one year
*Annual fee of $1,000 or $2,000 for three years in order for a driver’s license to be retained
In terms of minors pulled over drinking and driving, they can end up receiving the following:
*A fine of up to $500
*60-day suspension of driver’s license
*Community service lasting 20 to 40 hours
*Mandatory alcohol-awareness classes
For each additional DUI or DWI offense, these penalties can end up increasing.
Thank you for visiting Gabriella Young’s blog, an Austin criminal defense attorney. Continue reading for law changes, news and current events.