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Knowing the Difference between a DUI vs. DWI in Austin Texas
August 17, 2020
Knowing the Difference between a DUI vs. DWI in Austin Texas
Have you been pulled over with alcohol in your system and received the charge of driving under the influence (DUI) or driving while intoxicated (DWI) in Texas? Have you been charged with driving under the influence (DUI) or driving while intoxicated (DWI) in Texas? Do you know the difference? Texas distinguishes between the charges of DUI and DWI, and as a result, the defense strategies are different for each.
The Difference Between DUI and DWI
A DUI is charged under the Texas Traffic Code and is only issued to minors (those under the age of 21). Accordingly, a minor may be charged with a DUI if they are driving with any amount of alcohol in their system, but are still under the legal limit (blood alcohol content of .08). Typical penalties for a DUI include a fine of up to $500, up to 40 hours of community service, mandatory alcohol awareness classes and a license suspension of up to 60 days. Please note, juveniles may still be charged with a DUI for underage drunk driving. However, under Texas law, if a person under the age of 21 is pulled over and has any alcohol in his system, then he or she can be charged with a "DUI" (or "DUIA," which stands for "Driving Under the Influence of Alcohol"). This is the only officially legal use of the term "DUI" in Texas. Again, this is true even if the officer feels the minor is both below the .08 legal limit and has not lost the normal use of his/her mental facilities, but has consumed “some or any” alcohol.
A DWI is charged under the Texas Penal Code, and as a result, is a much more serious offense. Alcohol and drug-related traffic offenses, commonly known as driving while intoxicated (DWI), are frequently prosecuted criminal offenses, and also carry with them administrative penalties. Having alcohol, a drug, or a controlled substance in one’s body that causes loss of normal use of mental or physical faculties also is considered intoxication. A person may be charged with a DWI if he or she has a .08 blood alcohol content or higher, or if a person does not have the normal use of their mental and physical faculties. If the person is operating a vehicle, vessel, or even water skis in a public place, he or she is considered to be driving or operating a motor vehicle, which is a Class B misdemeanor. Depending on the circumstances of the case, DWI penalties can range from large fines and driver’s license suspension/revocation to jail time or prison.
Even if there is no conviction, the positive results of a blood, breath, or urine test will result in automatic suspension of the person’s driver’s license. The person also may be required to complete an educational program for people who have operated motor vehicles while intoxicated. A person who fails to complete such a program when sentenced to do so may lose his or her license.
At the Morales Law Office we have an extensive knowledge of the laws governing drunk driving and strive to either get the charges dismissed or minimize any potential consequences. If you have been accused of DWI or DUI, then contact the Morales Law Office today for a free consultation with one of our DWI Attorneys
at 512-770-5998.
No Refusal Initiative 4th of July 2022
The upcoming Labor Day weekend is traditionally very big out on the area lakes as we mark the unofficial end of summer. The Austin Police Department will be bolstering its patrols on the lookout for drunk drivers starting Friday as part of its Labor Day DWI initiative.
With the bars in Austin Opening on Friday May 22nd at 25% capacity, there will be excitement to get out of the home to enjoy some drinks at your favorite social hangout. The bar opening day also happens to fall on Memorial Weekend which should also bring visitors to town to visit Lake Travis as well as locals with boats. Remember that if you have been drinking it's cheaper to take an UBER than to chance a DWI in Travis County.
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