In Texas, the criminal penalties of a DWI conviction make it worse than a DUI conviction. DUI charges can escalate to DWI charges depending on the case’s circumstances, especially if the offense involves:
- An accident that caused an injury or fatality
- A high blood alcohol concentration (BAC) level
- Multiple offenses in addition to the DUI offense
- Previous offenses that resulted in the defendant’s driver’s license suspension or revocation
What is important is that you should take neither charge against you lightly, as being under the influence of alcohol or drugs can give you a criminal record and have a devastating effect on your life.
Comparing a DUI and a DWI in Texas
There are several ways in which a DUI and DWI are different in Texas.
DUI Meaning
Under Texas Penal Code § 106.041, when a minor (defined as someone under 21 regarding drinking laws) is driving under the influence of any detectable amount of alcohol in their system, they are violating state law. As such, most courts recognize a DUI as attributed to minors who operate a vehicle while intoxicated.
The BAC level limit for driving a vehicle is 0.08 percent. Therefore, if a minor is driving while impaired or with a BAC level of 0.08 percent or higher, then they can be charged with driving while intoxicated (DWI), a more severe charge.
DWI Meaning
Under Texas Penal Code § 49.01, a person violates Texas law if they are operating a vehicle or machinery in a public place while intoxicated. They do not have their normal mental or physical faculties due to alcohol, drugs, or a combination of both.
A person can be charged with a DWI if their ability to operate a vehicle or other machinery is impaired or they have a BAC of .08 percent or higher.
Comparing DUI and DWI Penalties in Texas
The penalties for driving while intoxicated are worse than the penalties for driving under the influence. For instance, the penalties for a first-time offense for each charge include the following:
DUI
A minor under the age of 21 who has been charged with driving under the influence (DUI) may be penalized with:
- A fine of up to $500
- 60-day license suspension
- Up to 40 hours of community service
- Mandatory alcohol awareness class
However, it is important to note that the consequences of a DUI are severe because they can affect a minor whose life has just begun.
DWI
An adult over the age of 21 who has been charged with driving while intoxicated (DWI) may be penalized with:
- A jail sentence of up to 6 months
- A fine of up to $2,000
- Driver’s license suspension up to 1 year
- Attendance in an alcohol addiction treatment program
A DWI sentence imposes tougher penalties, such as higher fines, a longer driver’s license suspension, more community service hours, and additional penalties that a DUI sentence does not impose.
How Long Each Offense Stays on Your Record
If you were charged with a DWI, the conviction can stay on your criminal record for life. Having a criminal record can affect your ability to:
- Buy a house or rent an apartment
- Pursue certain employment opportunities
- Get a student loan
- Buy a car
- Vote
- Carry a gun
- Pursue educational opportunities
For this reason, it is important to try to expunge your DUI or DWI, if possible. A defense lawyer can advise you on if this is the next step for you.
Factors That Might Make You Eligible for Expungement
If you are a minor and charged with a DUI, your juvenile record may be eligible for expungement once you complete the terms of your sentence. If not, an under 21 DUI lawyer can help you request to have your record expunged after you turn 21.
The only other reason a court may expunge a record is if:
- The judge dismissed the case.
- You were found innocent of the charge.
- You manage to overturn the conviction with an appeal.
An attorney from our law firm can review your case to see if you have grounds to pursue expungement for a DUI/DWI on your record.
Hiring an Attorney for Your DWI/DUI Case
Whether you receive a DWI or DUI charge in Texas, you may want to consult a criminal defense attorney in Dallas who can help you with your case. An attorney can meet with you to answer your questions, discuss your situation, and go over your legal options.
Our Legal Services for Clients Facing DWI or DUI Charges
If you decide to work with a criminal defense attorney from our firm, our legal team can fulfill several legal representation services to help you with your case, including:
- Investigating your case to establish facts or find discrepancies in your arrest or blood test
- Collecting evidence that supports your claims or defends you against the prosecution, such as breathalyzer data that shows the officer did not properly calibrate the device before testing you or video footage of your arrest that shows you were not read your Miranda rights
- Attending your initial hearing to petition for bail or lesser charges
- Representing you in all other court appearances to present your case in front of a judge and jury
- Advising you on which statement you should or should not make while your case is ongoing
- Contacting witnesses who might have witnessed your arrest or who can provide an alibi if applicable
- Negotiating a plea deal depending on the severity of your case
You may have options such as pleading innocent, entering a plea bargain, or getting your case dismissed. A law firm can help you explore your options and make the right decision that gives you the best possible outcome. For example, your lawyer may work with the courts to reduce your charges so that you receive a lesser conviction.
Additionally, if you have questions about how to proceed with your case, your DWI lawyer can provide legal counsel and set realistic expectations for your case.
We Have Helped Hundreds of Clients With Their DUI/DWI Cases
Attorney Randall B. Isenberg, a former district judge and chief felony prosecutor, has 30-plus years of experience in the criminal justice system. He and his legal team know the drunk driving laws in Texas and will study your case from various angles and build the strongest case that results in a favorable outcome for you.
In some cases, clients have received reduced criminal offenses after our team worked on their intoxication driving cases. Take a look at our recent case results, which include:
DWI 3rd Placed on Probation
DWI .15 Reduced to a Class B and placed on Deferred Probation
DWI Placed on Deferred Probation
DWI Placed on Deferred Probation
DWI .15 Placed on Deferred Probation
DWI Placed on Deferred Probation
DWI 2nd Reduced to Obstruction of Roadway and placed on Deferred Probation
DWI .15 Reduced to a Class B and placed on Deferred Probation
Contact the Law Offices of Randall B. Isenberg Today for Legal Support
If you want to clear your name of a DWI/DUI charge or try to get your charges reduced, contact the Law Offices of Randall B. Isenberg. We have decades of experience handling all types of DWI/DUI cases in Texas and provide comprehensive legal services.
Call us for a free, no-obligation consultation with a DWI lawyer in Dallas, Texas.
