DWI vs DUI in Texas: What Is the Difference?

What is a DWI?

A DWI applies to any driver, of any age, who is intoxicated. It requires either loss of the normal use of mental or physical faculties or a BAC of 0.08 or higher. A first DWI is a Class B misdemeanor and the charge can rise to a felony. See what a DWI is.

What is a DUI in Texas?

A DUI applies only to minors under 21 and requires only any detectable amount of alcohol, not a specific BAC. This comes from Texas’s zero-tolerance law. A first DUI is a Class C misdemeanor, with a fine, community service, an alcohol-awareness course, and a license suspension.

DWI vs DUI: the key differences

Can a minor be charged with DWI?

Yes. A driver under 21 can face the more serious DWI charge, not just a DUI, if their BAC is 0.08 or higher or they have lost the normal use of their faculties.

A minor’s license is on the clock too

If a driver under 21 is arrested for DWI (not just handed a DUI ticket), they face the same two-track system an adult does: a criminal case and a separate case against their license. That means the 15-day deadline to protect a license applies to young drivers as well, so a parent’s first move is the same as anyone else’s. And because even a low-level charge can leave a record, it is worth handling rather than just paying and moving on. See the 15-day rule.

Which is more serious?

A DWI is more serious than a DUI. It carries higher penalties, a longer suspension, and a lasting criminal record, while a first DUI is a Class C misdemeanor that can carry a fine, community service, an alcohol-awareness course, and a license suspension.

Frequently Asked Questions

Is a DUI worse than a DWI in Texas?

No, a DWI is the more serious charge. It carries higher penalties, a longer suspension, and a lasting criminal record.

Can an adult get a DUI in Texas?

No, the DUI charge applies only to minors under 21. An intoxicated adult driver is charged with DWI.

Can one stop lead to both charges?

A minor can be charged with DUI and DWI depending on the facts and alcohol level.

Does a minor have to act fast after a DWI arrest?

Yes. A driver under 21 arrested for DWI has the same 15 days as an adult to request a hearing and protect their license, and a quick guilty plea can leave a record that follows them for years.

Facing a DWI or DUI in Texas?

Whether the charge is a DWI or a DUI, it is worth handling rather than simply paying. Deandra Grant Law defends alcohol charges across Dallas, Fort Worth, North Texas, and Waco. Call (214) 225-7117 for a free, confidential consultation.

Related DWI Topics

• What Is a DWI in Texas? — The legal definition and what the state must prove.
• What to Do After a DWI Arrest — The first steps that protect your case.
• How to Choose a DWI Lawyer — What to look for and questions to ask.
• The Cost of a DWI — The full price of a DWI, from fines to insurance.