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  • 9 Aug 2011

In Texas, there is a marked difference between a DUI and a DWI, but for a successful defense in either case the help of a drunk driving lawyer is necessary. While a conviction for either can mean fines—in some instances up to thousands of dollars—and even jail time, the DWI is the more serious crime. The easiest way to distinguish between a DUI and DWI is to look at what the letters in their acronyms stand for:

  • DUI is short for Driving Under the Influence. If you are charged with a DUI, it means that you are driving under the age of 21 and the police determined that you had any traceable amount of alcohol on your breath. Although a BAC of .08% is the legal limit in most states for DWI, you still run the risk of being charged with a DUI if you drive recklessly and the police seem to think you’ve had anything to drink at all.
  • DWI means Driving While Intoxicated. If you’re charged with a DWI, this means that you’ve either lost control of your physical and mental faculties and/or that a breath or blood analysis has indicated that you’ve been driving with a blood alcohol content of.08% or higher, rendering you legally too intoxicated to operate a motor vehicle.

A DUI is considered the lesser of the two charges and is listed as a “Class C” misdemeanor under Texas state law. DUI first offenders can receive up to a $500 fine and a court date, and their car can be impounded for the night. They can also be subject to probation/supervision, community service, license suspension and mandatory drug and alcohol awareness classes.

A DWI (1st), in comparison, is a more severe “Class B” misdemeanor that can carry jail time and an automatic license suspension.  Additionally, the fine for a DWI (1st offense) can be as high as $2000. What’s more, anyone charged with a DWI may be subject to perform hours of community service work and could be placed on probation for up to two years.

Drunk driving is never okay, but with the help of a Texas attorney it’s possible to reduce a DWI charge to a lesser offense—such as a DUI or Obstruction of a Passageway—or in a best-case scenario to have it dismissed. Although anyone who tests higher than a .08% BAC will most likely lose his or her license for three months regardless of whether that person receives a conviction, a reduction to a lesser offense (like DUI) involves a much lower fine and a shorter probationary period. If you’ve been charged with either of these crimes, don’t hesitate to contact a drunk driving lawyer today.

Legal Notice

This Website is meant for marketing purposes only. The website and communications through it do not constitute a client-attorney relationship. David White is a criminal defense attorney with offices in Austin Texas. David defends clients throughout Austin and the surrounding areas.

Law Office of David D. White, PLLC
608 W. 12TH ST.
Austin, TX 78701
(512) 369-3737
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