What is the Difference Between DWI and DUI?

A DUI (Driving under the influence) is a class C misdemeanor. The offense is found in Section 106.041 of the Texas Alcoholic Beverage Code. Essentially, DUI is reserved for minors who have any detectible amount of Alcohol in their body.

A DWI (Driving while intoxicated) is a misdemeanor. A first offense DWI can either be filed as a class B or Class A misdemeanor. The offense is found in section 49.04 of the Texas Penal Code.

  • Class A Misdemeanor: A 1st offense DWI in which the state alleges a blood or breath test over a .15
  • Class B misdemeanor: A 1st offense DWI in which there is a blood or breath test under a .15 or no blood or breath test at all.

A person can be charged with DWI, regardless of age, if they a) have lost the normal use of their mental or physical faculties or b) have an alcohol concentration over the legal limit of 0.08. In cases where the defendant is under 21, it is left to the discretion of the officer to file the case as a DUI or DWI.

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