Texas DWI Laws & Penalties

Is Driving While Intoxicated (DWI) the Same As Driving Under the Influence (DUI) in Texas?

Every driver must know that driving while intoxicated and driving under the influence are two different criminal acts, with different cases pending against them as well.
For a person to be driving while intoxicated, your blood alcohol concentration level is at least 0.08 percent. Another way to be considered intoxicated is if the driver “has lost the normal use of his mental or physical faculties”. Basically, that means that the driver operating a vehicle is a great risk, since he can no longer drive safely. The punishment for DWI varies. It would depend on the number of convictions of the driver. The first offense for DWI is a Class B misdemeanor. Punishment include that the driver must pay a fine of up to $2,000, stay up to 180 days in jail, get a one-year driver’s license suspension, and pay a fee of $1,000 to $2,000 yearly for three years to keep his license. For the succeeding offenses, the penalty also increases.

A DUI offense is extensively different. A person under 21 years old does not need to have blood alcohol concentration of at least 0.08 percent to be arrested; any amount at all detected in the driver’s system is enough to get them a conviction. This is known as “zero tolerance”, and Texas has been known widely as a “zero tolerance state”. Most policemen use the DUI distinction from DWI when arresting minors suspected of drunk driving. A DUI offense is a Class C misdemeanor and the driver would not face a prison sentence for his first offense. Another difference is that the highest possible amount of fine the driver must pay is $500. Compared to the fine charged for DWI cases, the difference is significantly substantial. For minors, the court also usually grants probation by making the driver attend and complete study programs or perform hours of volunteer and community services. However, even a minor would have his driver’s license suspended.