What Is the Difference Between DWI and DUI in Texas?

 Posted on June 14, 2025 in DWI

Driving while intoxicated (DWI) and driving under the influence (DUI) are two separate charges in Texas, mainly distinguished by the offender’s age. People often use the terms interchangeably, but they have distinct meanings under Texas law, and DWI is more common and generally much more severe. If you are facing a DWI charge or need information regarding a DUI charge, a Fairview, TX DWI defense attorney can explain the laws that apply to your case. More importantly, they will help you build a strong defense to challenge the charge.

What You Should Know About DWI in Texas

The Texas Penal Code defines DWI as lacking your normal physical and mental faculties due to the consumption of alcohol, drugs, or a combination of one or more substances. If your blood alcohol concentration (BAC) while driving is above 0.08 percent, then according to the law, you are driving while intoxicated. Anyone age 21 or older who meets this definition can be charged with DWI.

A DWI charge is a Class B misdemeanor, unless the BAC reading is at or greater than 0.15 percent. In that case, the charge is elevated to a more serious charge of Class A misdemeanor. The charges can be greater if intoxication is caused by an illegal controlled substance. First-time offenders can face jail time, fines, and license suspension at a minimum.

Other Consequences of a DWI Conviction in Texas

If convicted of a DWI in Texas, the consequences can extend beyond court sentencing. Other ways that a DWI can impact your life include:

• Losing a professional license

• Having difficulties with employment because you cannot drive to work

• Losing the ability to own firearms or vote, if convicted of felony DWI

• Facing difficulties when trying to apply for a loan

A DWI conviction could even impact an ongoing custody case. If you are in the middle of a custody dispute, getting convicted of DWI will not reflect positively on you. Your attorney can help you understand the potential consequences and work with you to build a robust defense.

What You Should Know About DUI in Texas

DUI charges only apply to minors and adults aged 18-20 years who operate a vehicle, including boats, with any alcohol in their system. Unlike a DWI, any detectable amount of alcohol can result in a DUI charge, which is a Class C misdemeanor, punishable by a fine of up to $500 and license suspension for up to 60 days. The court may also order alcohol awareness classes and community service time. The involvement of drug use or prior convictions can elevate the consequences of a DUI to more severe penalties.

Speak With a Collin County, TX DWI Defense Attorney Today

Facing a DWI or DUI charge in Texas can be intimidating, especially for a first-time offender. At Law Offices of Biederman & Burleson P.L.L.C., our Fairview, TX criminal defense lawyers have over 25 years of combined experience. We can alleviate some of your worries by keeping you well-informed and helping you understand the defense approach that will work best in your case. Remember, a charge is not a conviction. Together, we can fight the allegations against you. Contact us at 469-333-3333 to schedule your free consultation.