Many people confuse with the terms of DWI and DUI given the fact they’re applied interchangeably. However, to be exact, they do not necessarily mean the same things. DWI refers to ‘driving while intoxicated’ whereas, DUI is the acronym for ‘driving under the influence’. DUI and DWI in Texas has a clear legal distinction between them.
Defining DWI In Texas
According to the Texas Penal Code, Section 49.04, the legal definition of DWI is a person who is intoxicated while operating their motor vehicle in a public place. The Texas Penal Code further explains that intoxication means not having a normal state of their physical and/or mental abilities due to excessive consumption of alcohol, a controlled/banned substance, or a dangerous drug. A driver is also a convict of DWI when his/her BAC, or blood alcohol concentration, is 0.08 or higher.
Understanding A DUI In Texas
Comprehending A DUI is wholly different comparing to DWI. DUI have totally different charges and individuals with a BAC of under 0.08 can be potentially convicts with a DUI. A DUI can happen if the person charged is a minor by age, or if they’ve any amount of alcohol or any other controlled/banned agents in their systems. According to the Texas Penal Code, Section 106.401, states that a minor is driving under the influence in a public space with ‘any detectable amount of alcohol’ in their system’.
The Differences In The Penalties of DWIs And DUIs
DWI offenses are Class B misdemeanors, whilst, DUI offenses are Class C misdemeanors. However, a DWI offense gets classified as a Class A misdemeanors if the charged individual has a BAC of 0.15 or higher. If the intoxicated person commits physical harm or assaults a different person, then the case is upgraded to a second or third-degree level felony. In the state of Texas, a felony carries a prison sentence of two years to ten years and a fine of up to $10,000.
Contact a Texas Criminal and DWI defense attorney today who can provide you with a confidential consultation. He can also evaluate your case and counsel you on the best steps to take. Contact Mr. Yong J. An by calling or texting him 24/7 directly at (832) 428-5679.
Yong J. An, Criminal Defense and DWI attorney, Abogado de Defensa Criminal, Brazoria County, Pearland, Angleton. Lake Jackson, Manvel, Alvin, Freeport, Waller County, Hempstead, Chamber County. Anahuac, Montgomery County, Woodland, Conroe, Jefferson County, Beaumont, Liberty County. Also, Cleveland, Brazos County, College Station, Bryan, Fort Bend County, Sugar Land. Moreover, Richmond, Rosenberg, Missouri City, Harris County, Houston, Spring. Pasadena, Humble, Tomball, Cypress, Webster, Galena Park, South Houston, Deer Park. Katy, Baytown, Kingwood, Galveston County, League City, Texas City, Dickinson, Kemah, Friendswood, and Santa Fe.