Understanding the Differences Between DUI and DWI in Texas

May 9, 2025

Understanding the Differences Between DUI and DWI in Texas


Driving-related offenses are taken seriously in Texas, and understanding the distinctions between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) is crucial for anyone navigating the state's legal landscape. If you're a Texas driver or someone seeking legal advice, knowing these differences can make a significant impact on your case and how you proceed.

This blog will outline the key distinctions between DUI and DWI in Texas, explain the legal implications of each, and provide guidance on when to contact a reliable legal professional. If you're in need of a trusted DUI attorney or DWI attorney, Gray and Brigman PLLC are ready to help.


DUI vs. DWI in Texas


Texas law treats DUI and DWI as two distinct offenses, though both involve impaired driving. Here's how they differ:

What is a DUI in Texas?

A DUI, or Driving Under the Influence, typically applies to underage drivers. Texas has a strict zero-tolerance policy for drivers under 21 years old regarding alcohol consumption. If an individual under the legal drinking age is found operating a vehicle with any detectable amount of alcohol in their system, they can be charged with a DUI.

Key Points About DUI Charges:

●     Applies to individuals under 21 years of age.

●     Does not require the driver to exceed the legal blood alcohol concentration (BAC) limit of 0.08%.

●     Penalties can include fines, community service, driver's license suspension, and mandatory alcohol education programs.

What is a DWI in Texas?

A DWI, or Driving While Intoxicated, applies when an individual operates a vehicle with a BAC of 0.08% or higher, regardless of age. A person may also be charged with a DWI if they are under the influence of drugs (prescription or illegal) or other substances that impair their ability to drive safely.

Key Points About DWI Charges:

●     Applies to drivers of any age.

●     A BAC of 0.08% or proof of impairment is necessary for charges.

●     Penalties can be more severe than DUI charges and may include higher fines, license suspension, jail time, and longer-lasting consequences on your criminal record.


Reach out to our DUI and DWI Attorneys Today


Whether you're facing a DUI or DWI charge, having experienced legal representation is essential. At Gray and Brigman PLLC, our team of dedicated DUI and DWI attorneys works to protect your rights, reduce penalties, and guide you through every step of the legal process.

Our focus is on delivering thorough and effective representation that’s tailored to your personal situation. We dive deep into analyzing test protocols and BAC testing procedures to identify potential errors or defenses, ensuring every detail is considered in building your case. Our goal is to reduce penalties, working hard to minimize charges and safeguard your record whenever possible. We understand how important it is to keep your driver’s license, and we’re committed to fighting for your driving privileges. If you're facing a DUI or DWI charge in San Angelo, TX; Midland, TX; or the surrounding areas, don't hesitate to get legal support. Reach out to Gray and Brigman PLLC today to consult with an experienced DUI attorney or DWI attorney.

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