What Are The Differences Between DUI vs DWI: Texas

When it comes to driving under the influence of alcohol or drugs, the state of Texas has strict laws and penalties. Two terms that often come up in such discussions are DWI (Driving While Intoxicated) and DUI (Driving Under the Influence). While they may seem interchangeable, they are not. This blog post will explain the differences between the two, their definitions, penalties, and expunction possibilities.

In Texas, a DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are both considered serious offenses. Although they may sound similar, there are significant differences between them - both in terms of penalties and potential consequences.



DWI in Texas is defined as having a blood alcohol content (BAC) of .08 or higher. This means that if you’re pulled over and your BAC is .08 or more, you can be charged with DWI. A DUI charge, on the other hand, applies when a person is impaired by drugs or alcohol to any degree. This can even occur with a BAC lower than .08.

Texas Law also states that a DWI or DUI charge may include someone who is impaired by any substance under the influence, including prescription drugs or even cold medicine. This means that if you are found to be operating a motor vehicle while taking medication (even if it’s legal) that impairs your mental or physical faculties or ability to operate the car safely, you can be charged with DWI or DUI.

According to the Texas Penal Code 49.04, an individual is considered to be driving under the influence (DUI) in one of these 3 ways:

• impairment due to alcohol consumption
• impairment due to consuming a controlled substance,
• having a blood alcohol concentration (BAC) of 0.08 percent or higher (for adults) or 0.04 percent or higher for commercial driver's license (CDL) holders.



The grounds for a DWI arrest are based on the results of a field sobriety test, the breathalyzer test or by the findings from a drug recognition expert. Texas traffic code also defines what is called a “no refusal” policy. This means that if you are pulled over and asked to take a breathalyzer test, you must comply or face an automatic DWI charge.

In the state of Texas, a first-time DWI offense is typically classified as a Class B misdemeanor, except if your blood alcohol concentration level is over 0.15. In cases where controlled substances are involved, you might face drug related offenses.

As outlined in Section 106.041 of the state's Penal Code, DUI refers to the act of a minor operating a vehicle while under the influence of alcohol. Thus, if you're pulled over by the police at the age of 16 and they detect alcohol on your breath, you can face charges for a DUI offense. Due to the Zero Tolerance law in the state, DUI charges do not require evidence of impairment. Even minimum quantities of alcohol or drugs are sufficient to establish guilt.

For a first-time DWI offense in Texas, the penalties can be quite harsh. If you are convicted, you can expect a fine of up to $2,000, a jail sentence ranging from 3 days to 180 days, and a driver's license suspension for up to a year. Additionally, you could be required to pay an annual fee of $1,000 or $2,000 for three years to retain your driver's license.

Repeat DWI offenses in Texas carry increasingly severe penalties. For a second offense, the maximum fine increases to $4,000, the potential jail time increases to one month to a year, and license suspension can last up to two years. For third and subsequent offenses, the maximum fine rises to $10,000, jail time can range from two to ten years, and license suspension can again last up to two years.

Similarly, DUI offenses carry serious penalties in Texas. For a first-time DUI offense, you can be fined up to $500, face a 60-day license suspension, and be required to attend alcohol awareness classes. For those under the age of 21, any detectable amount of alcohol in the driver's system can result in a DUI charge. Repeat offenders face stiffer penalties including higher fines, longer license suspension, and mandatory community service.

In Texas, an expunction is available for those who are charged but not convicted of DWI. Likewise, if you’re convicted of DUI and have less than 0.08 percent BAC, you may be eligible for expunction. The Lone Star State’s Criminal Procedure Section 55.01 establishes the criteria for getting a record expunged in such cases as charges not being filed, acquittal on appeal, dismissal by order, determination of innocence after conviction and more. However, if you’re imprisoned for DWI, you are not eligible for an expungement.

In Texas, the criteria for expunction include not being convicted for the offense you want to expunge, or having been acquitted on appeal or having the charged dismissed. Some convicts are eligible for expunction, such as those who were convicted for DUI with a BAC less than 0.08 percent. However, eligibility for expunction is a complex issue that involves several factors. The person seeking expunction must have been released and the charge, if any, not resulted in a final conviction and no court-ordered probation or community service was imposed. Also, the offense you seek to expunge must not be part of a "criminal episode," and there must be no other charges pending from the event in question.

However, not everyone is eligible for expunction in Texas. If you have been convicted and served time in prison for DUI or DWI charge, you are not eligible for expunction. This is because the state considers driving while intoxicated a serious offense and has strict rules in place. It is always advisable to consult with a lawyer to understand more about expunction eligibility in Texas, as the laws may change and each case is unique.

In the instance of deferred adjudication, an expungement is allowed for those with Class C misdemeanor charges. Deferred adjudication is a type of probation that allows the defendant to keep their conviction off their criminal record as long as they plead “guilty” or “no contest” with a judge’s approval. However, if you are charged with a Class A or Class B misdemeanor, or a felony, you can only petition the court for an order of nondisclosure.

In Texas, nondisclosure laws allow first-time DWI offenders to have their convictions sealed. This means that the general public cannot review your record. While the record is not destroyed, it still is concealed from view. Therefore, you don’t have to disclose your DWI conviction on a job application or mortgage loan application.

In Texas, the waiting period for a request for expunction or nondisclosure varies depending on how you’re charged. After a Class C misdemeanor arrest, you’ll usually have to wait 180 days. For a Class A or B misdemeanor, you’ll need to wait three to five years. Felonies involving DWI have waiting periods of three to five years, and a criminal record cited for expunction is destroyed within six months after the filing of the court order.

If you’ve been charged with DUI or DWI in Texas, it’s important to seek legal help immediately. The Law Office of Rolando Cantu is a dedicated criminal defense lawyer in McAllen, TX that can provide the best outcome for your case. Don’t hesitate to contact us today and get the help you need.

No matter what charge you're facing - from a misdemeanor to felony - you may be eligible for an expunction or nondisclosure. To find out more about your options and the best defense strategy for you, contact the Law Office of Rolando Cantu today. With 15 years of experience in criminal law, he can help you understand your rights and make sure that justice is served.