While the majority of states do not distinguish between Driving under the Influence (DUI) and Driving while intoxicated (DWI), Texas does, following the lead of the federal government.

A person arrested for a Texas DWI offense can be found to have alcohol and/or drugs in their system. You will be considered intoxicated if your blood or urine alcohol level is at or greater than .08 percent.

Another way for a person to be DWI is if they have lost the normal use of their mental or physical faculties. This definition of intoxication basically means that they can no longer operate a motor vehicle in a safe way.

In Texas, when you operate a vehicle, of any type, in a public place (i.e. a highway) and are found to be intoxicated under Texas' DWI law, you have committed a Class B misdemeanor.

When convicted of a DWI, you may receive jail time, lose your driver's license for a minimum of 90 days, and be required to attend a study program. Be aware that if an open container of alcohol was present at the time of arrest, the minimum jail time under state law is six days.

A driver will lose his/her license for additional time should they be convicted of a subsequent DWI. If a person has a prior DWI conviction within five years of a current conviction, their driver's license will be suspended for two (2) years with one (1) year hard. This means that they will not be eligible for a restricted driver's license to get them to work and home for a minimum of one year

A DUI is significantly different: a person under 21 years old may be arrested for a DUI if they have any detectable amount of alcohol in their system. Most police officers use the DUI distinction when stopping minors (those under the drinking age of 21) for suspicion of drinking and driving.

Once arrested you may face conviction for a Class C misdemeanor under state law. When convicted of a first offense misdemeanor, an individual does not face any prison sentence.

Further, the highest fine under Class C is in the amount of $500. It is also important to be aware that the court may order probation, which can take the form of a study program or community service. A minor will also face the issue of a driver's license suspension, both administratively and through the court.

HIRE AN EXPERIENCED ATTORNEY

In either a Texas DUI or DWI situation, it is important to recognize the potentially serious implications of such an arrest. In order to protect your rights you are entitled to hire an experienced DUI/DWI attorney and should do so immediately. For further information, call us at 806 747-8002.