Difference Between Dui And Dwi In Texas – In Texas, the “zero tolerance law” refers to the state’s approach to minors and alcohol. If a driver under the age of 21 has any measurable amount of alcohol in their system, they will face DUI or DWI charges.
The type of charge a juvenile driver faces under the zero tolerance law depends on their blood alcohol concentration (BAC) and the circumstances of the arrest.
Difference Between Dui And Dwi In Texas
The zero tolerance law applies to any person under the age of 21 who operates a motor vehicle in a public place in Texas. They do not have to be Texas residents or hold a Texas driver’s license to be charged with violating this law.
What’s The Difference Between Dwi & Dui In Texas?
This law applies to anyone who operates a boat or watercraft, flies an airplane, or assembles or operates an amusement park or carnival ride. However, in most cases, it is indicated in the context of underage drinking and driving
In Texas, no one under the age of 21 can legally consume alcohol It is illegal for minors to consume any type of alcohol, so it is illegal to travel in a motor vehicle, boat, airplane or vehicle while under the influence of alcohol or any other intoxicating substance.
Zero tolerance also applies to operating a vehicle with any type of controlled substance or illegal drug in your system. In fact, you could face charges for driving while taking a prescription drug or over-the-counter medication.
A young driver’s sentence for violating this law depends on whether they have a previous drinking and driving offense or any aggravating circumstances present at the time of their arrest.
Dui Vs. Dwi In Texas: What’s The Difference?
You must install an ignition interlock device in your vehicle and attend additional classes In some cases, the judge may also require the parents to attend the course
The only way to avoid a license suspension is to request a driver’s license suspension hearing, where you can present a case as to why you should not lose your license.
Police can use any of the following three scenarios to determine probable cause to arrest a young driver under the zero tolerance rule:
So, even if a young driver has had nothing to drink at all, they can be arrested on a juvenile DUI charge based on an officer’s olfactory opinion alone.
Texas Penal Code 49.04
In Texas, police measure alcohol through a chemical test for blood alcohol concentration (BAC). Generally, the police request a breathalyzer test although they can legally request that you take a blood test instead.
In most cases you can refuse to submit to a chemical test However, doing so will automatically cost you 6 months for the first refusal and two years for the second.
You can fight a drunk driving charge issued under this law, and in most cases, you should seriously consider it.
Although attorneys may try to minimize the gravity of a juvenile DUI or DWI charge, a conviction can seriously affect a young person’s life for years or decades.
Dwi/dui Lawyers In San Antonio, Tx
Before making any decisions about your case, consult with the Law Offices of Randall B. Isenberg We have a variety of proven strategies that we can use to fight these charges And, with more than 35 years of experience in the Texas criminal justice system – serving as both a prosecutor and state judge – attorney Randall B. Isenbergs has the insight and knowledge to do the job for you.
Need legal representation? We can help you build a defense Send us a message below and one of our staff will get back to you as soon as possible. What is the difference between DUI vs. DWI in Texas? The two terms are often used interchangeably; However, there is a distinct difference between DUI vs. DWI in Texas DWI stands for “driving while intoxicated” and applies to a driver who has lost their mental or physical ability due to alcohol or another drug. Or DWI applies if the person has a blood alcohol level of 0.08% or higher. A DUI is “driving under the influence,” which can happen in Texas with any amount of alcohol in the system, but you’re not drunk. When it comes to legal distinctions, DUI is a term reserved only for those under the age of 21 and is considered a less serious offense than DWI. However, this is not to be taken lightly as Texas practices zero tolerance for underage drinking.
What is the difference between DUI vs. DWI in Texas when it comes to legal consequences? If you are under the age of 21 for driving under the influence and are charged with DUI, you will be charged with a Class C misdemeanor if it is your first offense. However, this will likely result in jail time and driver’s license suspension On the other hand, a DWI is the lowest class B misdemeanor (a high-level felony). However, depending on the blood alcohol concentration and prior conviction, this may be a higher charge A DWI comes with more severe penalties than a DUI Additionally, just because they are under 21, they can be charged with DWI if they have been drinking
The term DUI stands for “driving under the influence”. It is used to describe the illegal offense of someone under the age of 21 driving when they have any alcohol in their system but are not drunk. Texas follows a zero-tolerance policy regarding underage drinking and driving Therefore, a DUI applies when the offense is committed by a person under the age of 21 And, when the person has any amount of alcohol in their body The difference between DUI vs DWI in Texas is that minors will be charged with DUI unless their blood alcohol content is 0.08% or higher. If so, they face a DWI and severe penalties Persons over the age of 21 will only be charged if they have lost the normal use of their mental or physical faculties due to the ingestion of alcohol or other drugs. Or, when their blood alcohol content is greater than 0.08%
Texas Is One Of The Most Dangerous States For Drunk Driving
If convicted of a DUI, fines increase with each offense Below you can find the expected consequences of a DUI in Texas
If faced with a DWI charge, it may be helpful to learn more about the possible penalties to prepare yourself for the pending outcome
After initially being pulled over for a traffic violation, the officer can stop you if they have reason to believe you are under the influence of alcohol or drugs. After receiving evidence of impairment through a field sobriety test, you may be arrested
Blood or alcohol levels or the presence of drugs can then be obtained through a blood or breath sample If the evidence shows a blood alcohol concentration greater than 0.08% or the presence of drugs in the blood, the prosecuting attorney will accept the charge and attempt to plead guilty to the charge of driving while intoxicated.
What Is The Zero Tolerance Law In Texas?
After gathering evidence, you will be given multiple court dates on which to fight your case Ultimately it is likely that you will appear in court although your lawyer may be able to make some appearances without you. The outcome of your case can vary from dismissal to a plea or a jury trial
In many cases, your attorney can negotiate a settlement of your case at a preliminary hearing without the need for a full trial before a judge or jury. However, if there is no motion to dismiss the case and no deal is reached, you must take the case to trial.
A plea bargain is the last step when a government penalty is imposed Here you will find information about all penalties related to your DWI offense This can include probation, jail time, fines, license suspension, community service, and other penalties as the judge sees fit or as agreed upon by you, your attorney, and the prosecution.
Driving under the influence of drugs or alcohol can cost you thousands of dollars over time Costs can range from insurance increases, legal fees, fines, and other miscellaneous expenses This all adds up quickly Fees may include:
The Difference Between Dwi And Dui
In Texas, the difference between a DUI and a DWI is that a DUI is reserved for minors with any amount of drugs and alcohol in their system. To become a felony, the charge must first be DWI This means that the person has lost the normal use of their mental or physical faculties due to alcohol or drugs, or has a blood alcohol level of 0.08% or higher. The person must also have two prior DWI convictions or meet one or more of the following criteria:
DWI arrests in Texas have dropped more than 30 percent over the past ten years. However, thousands of people are arrested for DWI in Texas each year As of 2018, Texas is ranked 36th in the nation