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*This content is for informational purposes only and is not intended to replace legal representation
Most people know that a DUI stands for driving under the influence and that a DWI means driving while intoxicated, but what’s the real difference between the two, and which of these two charges are considered worse? In some states, there is no difference between the two terms, but in Texas, the difference has to do with the age of the driver.
According to Texas law, an individual who is over the age of 21 and has a blood or breath alcohol level of over .08 or is on drugs is considered to be, “driving while intoxicated.” A person who is under 21 and has any alcohol in their system is considered to be, “driving under the influence of alcohol.” If a person who is under 21 has a BAC of .08, they would be charged with a DWI. Ultimately, a DWI is worse than a DUI, because it is issued when high levels of alcohol have been clearly established.
Determining alcohol blood levels
Texas determines blood alcohol levels with a breathalyzer test. This test measures the amount of alcohol on a person’s breath and not in their bloodstream. The officer who pulls a driver over will have a small hand-held breathalyzer that he will ask the driver to blow into. If the drivers BAC is too high, he or she will be arrested for DWI. They may be asked to take another breathalyzer test at the police station, and in some cases, they may be asked for a blood sample.
Penalties for Driving While Intoxicated
According to Texas law, The first time you get a DWI, you may face fines of up to $2000 and you may have to stay in jail for as long as 180 days. You can have your license suspended for a year and, when you get your license back, you may have to pay an annual fee of up to $2000.
A second DWI may cost you up to $4000 in fees. Your arrest could result in up to a year of jail time and you may lose your license for two years.
A third offense can cost up to $10,000 and you could spend 10 years in jail. You may lose your license for two years and have to pay $2000 in annual fees when you get the license back.
Penalties for Driving Under the Influence
When a minor receives a DUI, they may get a fine of up to $500 and have their license suspended for several months. They may have to attend alcohol classes and do up to four hours of community service. If they are caught driving under the influence again, they will receive stronger penalties.
Finding Legal Representation
Texans love their liquor, sometimes a little too much. The state sees a lot of accidents and a lot of arrests for DUI and DWI. Public defenders are overwhelmed with cases and may not have much time to devote to yours. It is best to hire a private law firm such as Cole Paschall Law. A private attorney will have time to research your case and talk to you. You may have made a mistake, but a good attorney can help you get back on the straight and narrow.
*Authoritative Sources:
https://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html
https://www.dallasobserver.com/news/texas-sued-over-license-surcharges-11401612
This content is sponsored by Khalid Irfan.
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