DUI vs. DWI: What's the Difference?

Posted By Law Offices of Jeffrey C. Grass || 16-Feb-2012

Many people confuse DUI and DWI or believe that they are the same offense. In reality, DUI (driving under the influence) and DWI (driving while intoxicated) are different crimes that may be punished differently depending on your state’s specific penal code. These are the definitions and repercussions of DUI and DWI in Texas.

Driving Under the Influence
Driving Under the Influence can only be committed by a minor. If a person under the age of 21 is pulled over for suspicion of driving drunk and the officer smells alcohol or notices any other evidence of alcohol consumption, the minor can be charged with DUI. Because it is illegal for minors to drink at all, evidence of any alcohol consumption is grounds for arrest, even if the minor’s blood alcohol level is below the legal limit (.08). DUI carries a less severe punishment than DWI: usually a suspended driver’s license, a $500 fine, community service, and a mandatory alcohol awareness class.

Driving While Intoxicated
To be charged with DWI, a motorist must have a blood alcohol level above the legal limit or exhibit signs of physical or mental impairment. Minors whose blood alcohol exceeds .08 qualify for this offense. DWI carries a significantly stiffer punishment than DUI, and drivers convicted of DWI can be sentenced to up to 180 days in jail, a driver’s license suspension of at least 90 days, and a $2000 fine. Repeat DWI offenders face escalating penalties.

If you’ve been arrested for DUI or DWI in Texas, the Law Offices of Jeffrey C. Grass can help you build a defense that should lead to an acquittal. We will gather all the necessary evidence to clear your name. Call us today at to schedule a free initial consultation with a criminal defense attorney.