What Is The Difference Between A DUI And DWI In Texas? | Underwood & Associates (2025)

Many people confuse the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated). But in Texas, these charges have distinct meanings and consequences. Understanding the difference can be crucial if you're ever pulled over on suspicion of drunk driving.

Learn more about these commonly confused criminal charges with Underwood & Associates as we go over the key distinctions between DUIs and DWIs in Texas. We'll explore the potential penalties for each charge and highlight your rights during and after a traffic stop.

DUI vs. DWI: Breaking Down the Charges

The biggest confusion with these types of arrests is that they are the same thing. While they may sound the same, understanding the charges you are actually facing is crucial.

DUI

In Texas, a DUI applies specifically to minors under 21 caught driving under the influence of alcohol or drugs. There's a zero-tolerance policy for these young drivers – any measurable amount of alcohol in their system qualifies as a DUI offense. This strict policy underscores the importance of responsible decision-making for young people and the potential dangers of even a small amount of alcohol behind the wheel.

DWI

On the other hand, a DWI applies to adults aged 21 and over. A DWI charge is issued when a driver exhibits signs of intoxication that impair their ability to operate a vehicle safely. The legal blood alcohol content (BAC) limit for adults in Texas is 0.08%. However, even a BAC below this limit can result in a DWI if the officer has probable cause to believe the driver is intoxicated based on behavior or performance on field sobriety tests. This means that even if you register a BAC under the legal limit, slurred speech, bloodshot eyes, or poor coordination can lead to a DWI arrest.

Potential Consequences of DUI and DWI Convictions

Experience and numerous studies have all proven beyond a shadow of a doubt that driving while under the influence of drugs or alcohol is dangerous and the penalties you can face with a DUI or DWI charge reflect that. Both DUI and DWI convictions in Texas can have serious consequences, including:

• Fines: Fines can range from $2,000 to $10,000 depending on the severity of the offense and any prior convictions.
• Jail Time: For a first-time DWI offense, jail time can range from 3 days to 180 days. DUIs and repeat DWI offenses can lead to significantly more jail time.
• Driver's License Suspension: A driver's license can be suspended for up to a year for a first-time DWI offense and even longer for subsequent offenses.
• Ignition Interlock Device (IID): The court may require the installation of an IID, which prevents the car from starting if the driver's BAC is above a certain level.
• Increased Insurance Rates: A DUI or DWI conviction will likely lead to a significant increase in your car insurance premiums.

Knowing Your Rights During a Traffic Stop

If you are pulled over by a police officer on suspicion of drunk driving, it's important to remain calm and polite. While cooperating with the officer's requests for your license, registration, and proof of insurance, remember that you have the right to remain silent and respectfully decline field sobriety tests. Understanding these rights can help protect you from unknowingly incriminating yourself during a stressful situation.

Do You Need an Attorney?

Facing a DUI or DWI charge in Texas can be frightening and confusing. The potential consequences, from hefty fines to jail time, can feel overwhelming. This is where an experienced DWI attorney can make a significant difference in your case.

Potential Defenses Against DUI or DWI Charges

Being charged with a DUI or DWI can feel discouraging, but it's important to remember that you have options. Underwood & Associates can explore various defense strategies to fight your charges, depending on the specifics of your case. Here are some common defenses we may consider:

• Challenging the Stop: Law enforcement officers must have a valid reason to pull you over in the first place. If the stop was made without reasonable suspicion, any evidence obtained subsequently, including field sobriety tests or breathalyzer results, could be thrown out.
• Questioning Field Sobriety Tests: Field sobriety tests are not foolproof. Our attorneys can assess whether the tests were administered correctly, if weather conditions or other factors may have impacted your performance, or if you have a medical condition that could explain any difficulties.
• Challenging Breathalyzer or Blood Test Results: Breathalyzer and blood test results can be challenged if the equipment was not properly calibrated or maintained, if the testing procedures were not followed correctly, or if there's a possibility of blood or breath contamination.
• Rising BAC Defense: In some cases, a rising BAC defense may be applicable. This argues that your blood alcohol content was actually lower at the time of driving compared to when the test was administered.

It's important to note that these are just a few examples, and the best defense strategy will vary depending on the circumstances of your case.

Underwood & Associates: Here to Help You Navigate DWI Charges

The attorneys at Underwood & Associates understand the complexities of DUI and DWI laws and will work tirelessly to protect your rights and fight for the best possible outcome in your case.

Contact Underwood & Associates today at (214) 544-8040 for a free consultation. Don't navigate the legal system alone. We are here to help you through this challenging time.