What’s the difference between DWI and DUI?

Driving Under the Influence or “DUI”

In everyday conversation, “DUI” is often used interchangeably with “DWI.” But in Texas, Driving Under the Influence or DUI refers to a specific crime when a minor (under 21) operates a motor vehicle with any detectable alcohol in their system. This is essentially an allegation of underage drinking and driving. The minor does not have to be intoxicated to be charged with DUI.

The good news is that a conviction for DUI Under 21 in most cases is a Class C Misdemeanor and requires no jail time. The bad news is that a conviction will still remain on your record forever. But like other intoxication-related offenses, these allegations can be fought and won.

Even though a Class C DUI charge isn’t as serious as other intoxication-related offenses, you still owe it to yourself and your future to get the very best result you can, and that begins with hiring an experienced Houston DWI/DUI Criminal Defense Attorney like Matt DeLuca. Please give our office a call today at (713) 429-4400 to discuss how Matt DeLuca may be able to help you.

Texas Alcoholic Beverage Code 106.041 – Driving Under the Influence of Alcohol by Minor

(a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor’s system.

(b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.

(c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by:

(1) a fine of not less than $500 or more than $2,000;
(2) confinement in jail for a term not to exceed 180 days; or(3) both the fine and confinement.