DUI vs. DWI in Texas

Some states refer to the criminal offense of intoxicated driving as DUI, while others use the term DWI. Texas uses both terms, but they refer to two different types of charges. 

Below is a brief overview of the differences between DUI (Driving Under the Influence) and a DWI (Driving While Intoxicated) in Texas, the penalties associated with each, and possible defenses your San Marcos criminal defense lawyer might consider.

Understanding DUIs and DWIs

In Texas, the primary factors that differentiate a DUI from a DWI are the age of the driver and the blood alcohol concentration (BAC) level. 

DUI (Driving Under the Influence)

A DUI charge is typically applicable to individuals under the age of 21 who have any detectable amount of alcohol in their system while operating a motor vehicle. In other words, a blood alcohol concentration of as little as 0.01% can result in a DUI charge for a person under the legal drinking age.

DWI (Driving While Intoxicated)

On the other hand, a DWI charge applies to individuals over the age of 21 who are found to have a blood alcohol concentration of 0.08% or higher while operating a motor vehicle. It is important to note that even if the driver’s BAC is below 0.08%, someone can still be charged with a DWI if other evidence, such as erratic driving or failed field sobriety tests, indicates impairment.

Penalties for DUI and DWI in Texas

The penalties for DUI and DWI offenses in Texas are severe and can have long-lasting consequences. Let’s examine the potential punishments for each charge.

DUI Penalties

For individuals under the age of 21 convicted of a DUI, the following penalties may apply:

• Suspension of driver’s license for up to 60 days for a first offense.
• Completion of an alcohol education program.
• Community service.
• Up to a $500 fine.

DWI Penalties

When it comes to DWI offenses, the potential consequences become even more severe. The penalties for a DWI conviction in Texas vary based on factors such as prior convictions and the presence of aggravating circumstances. The following outlines the potential penalties for a first-time DWI offense:

• Up to a $2,000 fine.
• A minimum of 72 hours and up to 180 days in jail.
• Suspension of driver’s license for up to two years.
• Completion of a mandatory alcohol education program.
• Possible installation of an ignition interlock device.

Possible Defenses for Drunk Driving Charges

Here are some potential defenses that your San Marcos DUI lawyer may utilize for your case:

• Challenging the legality of the traffic stop
• Challenging the accuracy of breathalyzer or blood test results
• Questioning the reliability of field sobriety tests
• Establishing an alternative explanation for observed behavior

Mendoza Law Firm: Your San Marcos DWI Defense Attorney

If you are facing a DUI or DWI charge in San Marcos, TX, seek legal representation from Mendoza Law Firm. Our team of skilled San Marcos criminal defense lawyers has extensive experience in handling both DUI and DWI cases. To set up a free case review and legal consultation, don’t hesitate to reach out to us now.