Hello everyone, and welcome to the Ask Deandra video series, which corresponds with the Ask Deandra blog series, where I answer the most commonly searched questions on the internet about DWIs in Texas.
Today’s question is: what’s the difference between a DUI and a DWI in Texas? This is kind of interesting. A lot of people move to Texas from out of state, and Texas is one of the minority of states that calls their intoxicated driving or drunk driving case a DWI. The majority of states use the term DUI.
DWI stands for driving while intoxicated in Texas. In some states that use the phrase DWI, it might be driving while impaired. In the states that use DUI, which is the majority, they could call it driving under the influence, driving under the influence or impairment, things of that nature. There’s even one state, Ohio, that calls it OVI, operating a vehicle while either impaired or intoxicated. But in Texas, the drunk driving statute is DWI. So if you move to Texas, like a lot of people do, from a state that’s a DUI state, then it might get confusing for you.
DWI is not having the normal use of your mental or physical faculties due to the introduction of alcohol or some other substance. And it applies to anyone. Anyone could get a DWI who is driving while intoxicated or is suspected of driving while intoxicated. You could be 40, or you could be 16, and get a DWI and all the consequences that follow from that.
But we also, to make things even more complicated, have a DUI statute in Texas. It doesn’t correspond to the DUI statutes in all the other states that use that phrase. In Texas, the DUI is for minors that are operating a vehicle with any detectable amount of alcohol.
So what does that mean? If you are charged with DWI, you’re looking at a class A or B misdemeanor, and that would be someone of any age. If you’re charged with DUI minor, it means that you’re under the age of 21. You were driving or operating a vehicle, and the police encountered you, and they basically smelled alcohol on you. At that point, they can write you a citation, a class C citation. It’s basically a ticket charging you with DUI, driving under the influence as a minor. They do not believe that you’re intoxicated. They just think you’ve been drinking. If they thought you were intoxicated, they would not give you a DUI minor citation. They would charge you with DWI and take you to jail.
So a DUI minor in Texas is basically a ticket, but it’s got driver’s license problems and consequences. It’s got its own share of stuff. It’s not something a person over the age of 21 in Texas is ever going to get, a class C DUI minor charge. They’re going to get, if anything, a DWI.
DUI minor is under 21. You’re not legally supposed to be drinking, but maybe you were drinking at a party, maybe you’re 17, maybe you’re in high school, whatever. You’re driving home, and you get pulled over for speeding, or you get pulled over because something expired on your car, or you didn’t come to a complete stop at a stop sign, whatever. Normal reasons people get pulled over. The officer walks up to the window, smells alcohol on you, and says, “Have you been drinking?” And you say whatever you say. Then, if they smell that alcohol, they’re probably going to get you out of the car. They may have you do field sobriety tests. But if they think you’re really okay, but you’ve been drinking, then that’s when they’re going to write you that DUI minor citation.
So I know it’s a little confusing how we have DUI and DWI in Texas, but it’s not the same DUI as other states. That’s really what the law is in Texas. If you have any further questions, please read the blog that is linked in the description to this video, and I hope you have found this informative. Thanks, and we’ll see you next time.
