I’ve been reading something DUI/DWI laws in Texas. And I’m curious as to what is the difference between the two. I’ve read somewhere that drunk driving has just too many official names like drinking under the influence (DUI), diving while intoxicated (DWI), OUI (Operation Under the Influence) among others. With that, I’m assuming that there’s no difference between the two after all. Am I correct?
Tony
San Antonio, TX
Well that depends on the states where you live in. Majority of US states do not distinguish the difference between the two however here in Texas it’s not the case.
I’ve asked my uncle who is a practicing DUI attorney in Texas (and obviously knows about DUI/DWI laws here) and found out that there is difference between DUI and DWI.
A DUI arrest falls under Class C misdemeanor. For first time offender, no jail time will be required. Also, the fine for this could go up as much as $500. Plus, you may be required to enroll in a DUI program or do community service and also your license will be suspended. Let’s take this scenario as an example, if you are below 21 years old, you may be arrested for DUI if there is any amount of alcohol found in your system.
In contrast for DWI, driving a vehicle in public roads while intoxicated falls under Class B misdemeanor. You can be arrested for this if there are drugs and/or alcohol content found in your system. You will be deemed intoxicated if your urine or blood alcohol level is more than 0.08 %.
Also, once convicted of DWI, you will serve jail sentence, your driving privileges suspended for 3 months (or 90 days) and attend a DWI program. In addition, if you are caught with an alcohol container open, jail sentence is for a minimum of 6 days.Then also have to purchase Texas Sr22 Insurance in order to drive legally again.
I hope I was able to help you with your question about DUI/DWI laws. If you have other legal questions, you can always contact an attorney who knows something about DUI/DWI laws.