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Our office handles all types of intoxicated offenses including DUI (Driving Under the Influence). DUI is often confused with DWI. The reason is that most states refer to a drunk driving arrest as a DUI. However, in Texas a drunk driving arrest is known as a DWI.

What is the Difference Between DWI and DUI in Texas?

There are significant differences between a DWI and a DUI in Texas.The first thing to know is that you can be charged with DUI ONLY if you are under 21 years old. In addition, an officer does not have to prove you were intoxicated to charge you with DUI. As long as there is a detectible amount of alcohol in your system, you can be charged with DUI. Basically, if an officer smells alcohol on your breath or you admit to drinking you can be charged with DUI.

DWI is different in that there are no age limits for a DWI. Regardless of your age, you can be charged with DWI if the officer believes you are intoxicated.

Is the Punishment different Between DUI and DWI?

Yes! A DUI is a class C misdemeanor. The range of punishment is up to a $500 fine. You cannot be put in jail for a DUI.

A DWI is a class B misdemeanor. If you are convicted of a DWI, you could face up to 180 days in jail and a fine of up to $2,000.


© 2015 Dan Moran Frisco, Texas Criminal DEfense Lawyer. All rights reserved. Principal Office Frisco, TX
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