Key Takeaways
The legal definition of DUI (Driving Under the Influence) in Texas is DWI (Driving While Intoxicated). However, the term DUI is often used interchangeably. If you are 21 or above, you can be charged with a DWI if you operate a vehicle while legally intoxicated (has a 0.08 breath or blood alcohol concentration or are impaired by drugs.)
However, if you are below the age of 21 and are found to be intoxicated with alcohol, you will be charged with DUI, also known as DUIA (Driving Under the Influence of Alcohol). This is the only circumstance where the term 'DUI' is used officially and legally in Texas.
| First Offense | Second Offense | Third Offense (Felony) | |
|---|---|---|---|
| Jail Time | Up to 180 days; mandatory for first three days | One month to 1 year | Two to Ten years |
| Fine | Up to $2000 | Up to $4000 | $10,000 |
| License Revocation | 90 days to 1 year | Up to 2 years | Up to 2 years |
Impaired driving with child passenger – If you are driving under the influence of alcohol or other drugs with a child passenger aged below 15, then you will be charged with child endangerment. In addition to this, a fine of up to $10,000, jail time for up to two years, and a revoked DL for 180 days are all part of the penalty.
Driving with an open container – If you are driving with an open container, it is an offense under Texas Traffic laws. Even if you are not impaired but have an open container in your car, you will be charged for the illegal act.
Nobody wants a drunken person to get behind the wheel. There are, however, drivers who are careful when it comes to driving under the influence yet nonetheless face the significant penalties of DUI or DWI accusations.
Every state in the United States has set the same blood/breath alcohol concentration level of 0.08 percent. Those who test positive for a BAC greater than 0.15 percent, those driving under the influence with a juvenile in the vehicle, or those whose impairment caused an accident, injury, or death will face harsher penalties.
As you can see, the repercussions are severe, both short- and long-term. Other issues can be disputed, and you will also have to deal with your Administrative Review hearing if you want to keep your driver's license.
The DUI or DWI charges stay long on your records and can be accessed by anybody running a criminal background check on you unless you get the charges expunged or sealed.
DUI vs. DWI Texas
In Texas, the major difference between DUI and DWI is age. According to Texas Penal Code, DUI is considered a class C misdemeanor where a minor below the age of 21 is charged for indulging in the crime of driving under the influence of alcohol.
On the other hand, DWI is a serious crime, a class B misdemeanor, where individuals of the age of 21 or above are convicted of driving while intoxicated. The intoxication here does limit itself to alcohol. But any substance such as drugs or any other controlled substance that leads to impaired normal mental or physical functioning is considered intoxication.
However, the DUI first-offense Texas penalty does not jail you but includes a fine of up to $500, up to 60 days of license suspension, up to 40hrs of community service, and an alcohol awareness class. The DUI charge can escalate to a more serious DWI charge if the minor scores high on the BAC or is under the influence of an illegal drug. Records of previous DUI can also elevate the DUI charges.
The penalty for the first offense of DWI in Texas would be a fine of $2000, up to 180 days of jail time, and license suspension for up to a year. The DWI penalty in Texas will surge high with every repetition of the offense.
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DWI in Texas is usually a Class C misdemeanor. If there are many DWI arrests, a minor passenger, or a severe injury, felony charges may be sought. Felony DWI charges can lead to significant jail time, fines, and license suspension.
Due to a court decision, DUI checkpoints are not allowed in Texas. This is because they go against the Fourth Amendment of the Constitution, which says that searches and seizures can't happen without a good reason.
DUI stands for Driving Under the Influence. It is a class "C" misdemeanor. This means you can't go to jail and can only be fined up to $500.00. (for a first offense; if you do it again, you could go to jail for a long time).
The first offense of a DUI in Texas will cost you around $500. However, the state-established DWI fine will depend on your BAC score, previous DWI record, and other factors. The fine starts at $2000 and can go up to $10,000.
Under-21 Texas DUIs are class C misdemeanors. DWI, a class B misdemeanor in Texas, is more serious. DUI charges include a $500 punishment for first-time offenders, whereas DWI charges carry a minimum $2000 fine, 180 days in jail, and a 1-year license suspension.
Your license does not get suspended immediately after a DWI offense. It takes approximately 40 days to suspend your license. However, if you fail to request a hearing within the first 15 days, your license may get suspended automatically.
An offense such as DUI is reflected in your history for almost ten years. Its impact on your insurance depends on how far back your insurance company looks. Most insurance companies look for 3 to 5 years of driver history.
Texas charges 18- to 21-year-olds for DUI. DWI is a serious class B misdemeanor for adults. DWI offenders face a minimum $2000 fine, 180 days in jail, and a 1-year license suspension, whereas DUI first-time offenders pay $500. Repeating the offense will increase penalties in both circumstances.
The penalty for a DUI depends on your driver's history and previous offenses. A DUI first offense in Texas leads you to a fine of $500.
Jail time is not applicable for a first-time DUI offender in Texas. For DWI, however, first-time offenders must serve at least 180 days in jail, of which the first three days are mandatory. Second and third offenses will have a jail time of 1 month to 1 year and 2 to 10 years, respectively.
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