What is the Difference between DWI and DUI?
Drunk driving in the state of Texas is considered a serious crime. A DWI conviction can result in life-changing penalties for an individual and his or her family. Criminal sanctions can include serving time in jail, a driver’s license suspension, thousands of dollars in fines and fees to the state of Texas, community service, and loss of employment. In addition, a DWI conviction can destroy one’s driving record, causing his or her car insurance premiums to increase, or even resulting in the insurance company dropping coverage.
The attorneys at Jones & Hull, P.C. can prevent these criminal penalties from occurring. DWI and DUI convictions can be prevented, but only by skillful and experienced DWI Attorneys.
How are DWI and DUI Different?
Driving While Intoxicated (DWI) occurs when a person is driving a car while intoxicated by alcohol or drugs. For example, if an individual drinks a bottle of whiskey or is high on marijuana and then decides to drive a car, that person is guilty of Driving While Intoxicated (DWI). That person has created a dangerous situation and will be arrested and face possible jail time.
Driving Under the Influence (DUI) only applies to individuals under the age of 21. A DUI occurs when a person under the age of 21 operates a motor vehicle in a public place while having any detectable amount of alcohol in their system. The law does not require that the person be legally intoxicated. For example, if a 17-year-old high school senior leaves a party after having only one drink of beer, he or she can be arrested for Driving Under the Influence (DUI). In Texas, any person under the age of 21 years old cannot have a single drink of alcohol and then drive a motor vehicle. If the police officer simply smells alcohol, the minor will be arrested.
How is DWI Punishment Different from DUI Punishment?
The punishment for Driving While Intoxicated (DWI) is much greater than that for Driving Under the Influence (DUI). If convicted of DWI, an individual will face a mandatory jail sentence or prison sentence depending on the severity of the situation and the person’s criminal history.
The punishment for Driving Under the Influence (DUI) is a fine and driver’s license suspension. Both DWI and DUI have severe penalties. The main difference is that if convicted for DUI, one cannot be sentenced to jail. The punishment ranges for each are listed below.
Driving While Intoxicated (DWI) Punishment
The following are the penalties under Texas law for DWI convictions. These may vary depending on the facts and unique circumstances of each case as well as a person’s prior convictions.
First DWI (Class B Misdemeanor):
- Up to $2,000 fine
- Minimum 72 hours in jail (MANDATORY)
- Maximum 180 days in jail
- Up to 2 years probation, if eligible
Second DWI (Class A Misdemeanor):
- Minimum 30 days in jail (MANDATORY)
- Maximum 1 year in jail
- Up to 2 years probation, if eligible
Texas Felony DWI Punishment
Third DWI (3rd Degree Felony):
- Up to $10,000 fine
- Minimum 2 years in prison (MANDATORY)
- Maximum 10 years in prison
- Up to 10 years probation, if eligible
The following circumstances will result in an ENHANCED FELONY DWI charge and harsh penalties if you are convicted:
DWI With Child Passenger (State Jail Felony):
- Up to $10,000 fine
- Minimum 6 months in state jail facility (MANDATORY)
- Maximum 2 years in state jail facility
- Up to 5 years probation if eligible
DWI Assault (3rd Degree Felony):
- Cause serious bodily injury to another person as a result of operating a motor vehicle or watercraft while intoxicated
- Up to $10,000 fine
- Minimum 2 years in prison (MANDATORY)
- Maximum 10 years in prison
- Up to 10 years probation if eligible
Intoxicated Manslaughter (2nd Degree Felony):
- Cause the death of a person as a result of operating a motor vehicle or watercraft while intoxicated
- Up to $10,000 fine
- Minimum 2 years in prison (MANDATORY)
- Maximum 20 years in prison
- Up to 10 years probation if eligible
Driving Under the Influence (DUI) Punishment
A first time DUI conviction is a class C misdemeanor. It carries with it a fine that is not to exceed $500. If a person charged with a DUI has two prior convictions for DUI, the punishment increases dramatically. The fine for an individual with two previous convictions is not less than $500 and not more than $2,000. In addition, a judge may sentence the person to six months in jail.
In addition to fines and possible jail time, the Department of Public Safety will suspend an individual’s license.
An Administrative License Review Hearing (ALR) may prevent the suspension of your driver’s license and can possibly lead to a dismissal of the DWI or DUI charge. You have only 15 days to request an ALR. However, if your license is suspended, our office can help you obtain an occupational driver’s license (ODL). If you qualify, you can continue to drive to and from work and other approved activities.
If arrested for Driving While Intoxicated (DWI) or Driving Under the Influence (DUI), call the attorneys at Jones & Hull, P.C. immediately to schedule a free consultation.
Contact us today to speak with a knowledgeable attorney.
