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Despite being used interchangeably, in Texas a DWI and a DUI are not the same charges, and Texas 2nd DWI penalties vary greatly from that of a 2nd DUI. To avoid confusion, here’s everything you should know about the difference between DWI and DUI charges in Texas.
What is a Texas DUI?
In Texas, while both DUIs and DWIs are imposed for drinking and driving, DUI charges- referred to as DUIAs- are reserved for individuals under 21 years old. Compared to DWI charges, DUIAs often carry lesser penalties and are handled in juvenile court. As a zero-tolerance state, there is no legal BAC limit under which a minor can operate a motor vehicle. Underage possession of alcohol can also result in additional charges. While those above the age of 17 are subject to the same penalties as adults, those below the age of 17 will face the following penalties.
- 1st Offense: For a first time underage DUIA, those below 17 will face a Class C misdemeanor. In addition to up to 40 hours of community service and a suspended driver’s license for 60 to 180 days, minors charged with a DUIA will face a $500 fine and mandatory alcohol education courses.
- 2nd Offense: A 2nd DUIA offense is still classified as a class C misdemeanor offense, but comes with slightly elevated penalties compared to first time charges. Minors convicted of a 2nd DUIA offense can expect mandatory alcohol education courses, up to 60 hours of community service, a suspended driver’s license for 120 days to two years, and a maximum fine of $500.
Unlike adult DWI charges, the vast majority of DUIAs result in no jail time. However, individuals with two prior DUIA convictions will face the penalties of an adult 1st time DWI upon subsequent charges.
What is a Texas DWI?
Despite DWI and DUIA charges typically stemming from the same crime (and often the same blood alcohol concentration), DWI charges are penalized more intensely and have harsher enhancements upon a reoffense. Penalties for a DWI are as follows:
- 1st Offense: A first time DWI is classified as a class B misdemeanor. Those charged with their first DWI can expect a fine up to $2,000, a possible jail sentence of up to 180 days, a 180 day long license suspension, and up to 100 hours of community service.
- 2nd offense: A 2nd DWI offense is classified as a class A misdemeanor. Compared to a 2nd DUIA, Texas 2nd DWI penalties are quite harsh. In addition to up to $4,000 in fines, a year long license suspension, and the possibility of 200 hours of community service, those charged with a 2nd DWI will face mandatory jail time, a sentence that can last up to a year long, and a permanent criminal record impacting everything from your child custody to immigration status.
Why Do I Need a Lawyer for DUIA or DWI?
While the penalties for a DUIA may appear simple on paper, they will often have far-reaching impacts on a young adult’s future and are known to impact college admissions and job applications. With juvenile court’s emphasis on rehabilitation, a skilled DUIA lawyer can advocate for deferred adjudication to avoid a DUIA conviction and help seal a defendant’s records to prevent further harm. Given the nuances between juvenile and adult court, those facing a DUIA are best served hiring a lawyer with experience representing minors.
If you’re facing first time, or heaven forbid Texas 2nd time DWI penalties you will greatly benefit from the help of a specialized DWI attorney. Compared to a DUIA, DWI charges do not offer as much opportunity for rehabilitation and will often require a more hands on defensive approach from a lawyer. Common defenses for a DWI include arguing the probable cause of a traffic stop or the validity of a field sobriety test.
Regardless of whether you’re facing DUIA or DWI charges, a local lawyer is a necessity. Although abstaining from drinking and driving is the only way to indefinitely avoid DUIA and DWI charges, a highly skilled defense lawyer is your next best option. Consult with a local lawyer today to determine your potential options moving forward.
