PLANO DWI ATTORNEY HUNTER BIEDERMAN - COLLIN COUNTY DWI LAWYER

Home Biography Punishment Ranges License Suspensions Location Fees


What is the Difference between DWI and DUI in Texas?

In Texas, DWI, or Driving While Intoxicated (1st), is a crime that can carry with it up to 180 days in jail, and up to a $2,000 fine. DWI carries with it a harsher punishment and penalties than DUI. In order for the state to convict someone of DWI, they must prove that the driver of a motor vehicle either had above a .08 BAC, or lost the normal use of their mental or physical faculties due to the introduction of alcohol, a drug, or a combination of the two. You can receive a DWI at any age (above or below 21). With each conviction, the punishment & ramifications of a conviction go up.

In Texas, DUI, or Driving Under the Influence is a crime that can only be committed by a minor under 21. The controlling statute is the Alcohol Beverage Code § 106.041. In order for the state to prove that you are Driving Under the Influence of Alcohol, the state must prove you were operating a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system. BUT, if the police believe that you are above a .08 BAC, or you have lost the normal use of your mental or physical faculties, you may end up getting arrested for DWI, the more serious of the two crimes.

We have created the chart below to help explain the differences. No matter which crime you are charged with, DWI or DUI, the ramifications can be extraordinary. This is especially true for what can happen outside of the punishment ranges. Drivers License suspensions, future loans or employers, may see your record, and future criminal proceedings may be enhanced.

 
DWI (1st)
DUI
AGE: Under 21 or Over 21 Under 21
Offense Level: Class "B" Misdemeanor Class "C" Misdemeanor
Punishment Range: 72 hours - 180 days Jail, Up to $2000 fine Up to $500 fine
Proceedings Held: County Court JP or Municipal Court
Usual Conditions: DWI Class, Victim Impact Panel, Drivers' Risk Inventory, 24-80 Hours Community Service, No Consumption of Alcohol Alcohol Awareness Program, 20-40 Hrs. Community Service, No Consumption of Alcohol
Proof Required: .08 or higher BAC
Not Having Normal Use of Mental or Physical Faculties
Any detectable amount of alcohol (while driving)

 

FREE evaluation regarding your DWI or DUI case

h


© 2006 Law Offices of Hunter Biederman, P.L.L.C. . All rights reserved. Principal Office Frisco, TX - Site Map

Plano DWI Lawyer, (Biography)- Plano DWI Attorney (DWI Tips)- Plano DUI Lawyer -(DUI vs. DWI)
Plano DUI Attorney (Punishment Ranges) - Collin County DWI (Rights) - Collin County DUI (DrinkWheel) -
Hunter's Other Sites - Frisco Criminal Law - Frisco DWI Lawyer