You might have heard people use the terms DWI and DUI interchangeably, but Texas law treats them differently. Driving While Intoxicated (DWI) is the primary charge for alcohol or drug-related impaired driving for adults. While the term Driving Under the Influence (DUI) exists in Texas law, it applies specifically to minors (under the age of 21). Our Houston DWI lawyers at Walter J. Pink & Associates, PC discuss the differences.
Texas Law Uses DWI for Adults, DUI for Minors
In Texas, the legal term for impaired driving for individuals 21 years of age or older is almost always Driving While Intoxicated (DWI). This charge, outlined in the Texas Penal Code § 49.04, focuses on the operation of a motor vehicle in a public place while intoxicated. Intoxication is defined as having an alcohol concentration of 0.08 or more, or not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.
DUI is Specific to Underage Drivers in Texas
Texas law reserves the term Driving Under the Influence (DUI) for individuals under the age of 21 who operate a motor vehicle with any detectable amount of alcohol in their system. This is a “zero tolerance” law aimed at preventing underage drinking and driving. Under Texas Alcoholic Beverage Code § 106.041, even a small amount of alcohol can lead to a DUI charge for a minor.
Why the DWI vs. DUI Distinction Matters Significantly in Texas
The distinction between DWI and DUI in Texas is crucial because it affects who can be charged with which offense and the potential penalties involved.
- Adults (21 and over): If you are 21 or older and caught driving while impaired by alcohol or drugs, you will likely face a DWI charge. The severity of the DWI charge and its penalties will depend on factors like your blood alcohol content (BAC), whether there were any open containers, and if you have any prior DWI convictions.
- Minors (under 21): If you are under 21 and caught driving with any detectable amount of alcohol, you will be charged with DUI. While the penalties for a first-time DUI for a minor are generally less severe than for an adult DWI, they still carry significant consequences, including license suspension, fines, and mandatory alcohol awareness programs.
DWI Charges in Texas Can Involve Drugs Even Without Alcohol
In Texas, you can be charged with DWI even if alcohol is not involved. The definition of “intoxicated” under Texas law explicitly includes impairment caused by controlled substances, drugs (prescription or over-the-counter), dangerous drugs, or any combination of these substances.
Law enforcement officers in Texas are trained to look for signs of drug impairment during traffic stops. If they don’t detect the odor of alcohol but suspect impairment, they may conduct field sobriety tests or request a blood or urine test to detect the presence of drugs.
DWI Charges Related to Marijuana and Controlled Substances in Texas
Just like with alcohol, driving while impaired by marijuana or other controlled substances can lead to a DWI charge in Texas. Officers may rely on observations of a driver’s behavior, such as slowed speech, bloodshot eyes, lack of coordination, and the results of field sobriety tests designed to detect drug impairment. Blood or urine tests can also be used to confirm the presence of these substances.
Field Sobriety Tests and Drug Recognition Experts (DREs) in Texas
When Texas officers suspect drug impairment, they often utilize Standardized Field Sobriety Tests (SFSTs) to assess a driver’s balance, coordination, and eye movements. These tests are designed to provide objective indicators of impairment.
In cases where drug impairment is suspected, a Drug Recognition Expert (DRE) may be called to conduct a more comprehensive evaluation. DREs are specially trained to identify the signs and symptoms of impairment caused by different categories of drugs. Their expert testimony and evaluations can be significant evidence in court for drug-related DWI cases.
Understanding the distinction between DWI and DUI is crucial in Texas. For adults, DWI is the charge to be aware of when it comes to impaired driving, whether by alcohol or drugs. DUI, on the other hand, is specifically for underage drivers with any detectable amount of alcohol in their system. Knowing these differences can help you understand your rights and the potential consequences if you are ever faced with such a charge in Texas. If you find yourself in this situation, it is vital to seek legal counsel from an attorney experienced in Texas DWI law.