What’s the difference between a DWI and a DUI? You are no doubt familiar with the terms DUI and DWI. You may not, however, fully understand how the two terms are similar and how they are different. First, “DUI” is short for “driving driving under the influence” and DWI means “driving while intoxicated.” Commentary from Shawn McDonald at SMB Criminal Defense Lawyers in Sugar Land, TX explains in this YouTube video the difference between a DUI and a DWI.
In Texas, a DWI is applicable if someone has a blood or breath alcohol concentration of .08 or higher. A DUI occurs when you have a minor under the age of 21 with any amount of detectable alcohol in their system. It is irrelevant whether the minor is impaired by the alcohol in his system. In Texas, if a driver is under 21, it is illegal to drive with any detectable amount of alcohol in his or her system.
If you have any questions regarding underage DUI or DWI laws in Texas, it is important to reach out to an experienced DWI or DUI attorney who can help you understand and protect your rights. Whether you’ve been charged with a DWI or a DUI, a lot of work needs to be done very quickly if you want to keep your license.
Video Transcript:
Interviewer 1: “What’s the difference between a DWI and a DUI? What’s the difference between the two?”
Shawn McDonald: “Well, DWI is
Interviewer 2: *laughs* “I like how you look at him.”
Amanda Bolin: “I was going to see what he had to say first.”
Shawn McDonald: “DWIs, is as you know it, driving while intoxicated. Anything above a .08 or losing the normal use of your mental or physical faculties.”
Interviewer 1: “Ok”
Shawn McDonald: “A DUI is when you have a minor or someone under the age of 21 when they have any detectable amount of alcohol in their system. They can be charged with DUI, which is just driving under the influence. It’s not the same penalty range as a DWI, but because you’re under 21, they say if you have any detectable amount of alcohol in your system and you’re driving, we’re going to charge you with a crime because you’re not of age to drink. So DUI compared to DWI is a minor crime. It doesn’t mean you’re intoxicated, just means you have alcohol in your system. You’re under 21, you shouldn’t be driving at all.”
Interviewer 2: “So the DUI is the minor one and typically for minors.”
Shawn McDonald: “Correct. Well, yes, under 21.”
Interviewer 2: “Under 21.”
Shawn McDonald: “Yes.”
Interviewer 2: “Ok.”
Amanda Bolin: “But any detectable amount.”
Interviewer 2: “So… yeah, I got you. So if it’s less than .08…”
Shawn McDonald: “Yeah, the smell of alcohol is enough.”
Interviewer 2: “Yeah, cool.”
Amanda Bolin: “That one’s a Class C. Like a speeding ticket.”
Interviewer 2: “Huh. Ok. Well and I guess that’s the easy way for people in the audience to remember that is “U” is “under-age” and “W” is for “grownups.”
Interviewer 1: “There you go. Very nice.”
Shawn McDonald: “That’s easy.”
Interviewer 1: “I like that.”
Disclaimer
*This blog post, “What’s the difference between a DWI and a DUI?”, is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.