Is A DUI Or A DWI Worse In Texas?

Well, this is a pretty frequent question that we get, and a lot of people refer to all DWIs as DUI. In many states, it’s called a DUI, but in Texas, the offense that we’re usually talking about is DWI, driving while intoxicated.

Now, there is an offense of DUI driving under the influence in Texas, but that only applies to people under 21. So if a person under 21 is not supposed to be drinking at all anyway, because of their not being 21 years of age, they could be arrested for and ticketed for years of age. They could be arrested and ticketed for having any amount of alcohol in their system. So they may be under the influence, but they haven’t risen to the level of being intoxicated, that is, not having the normal use of mental or physical faculties because of alcohol. So they may be charged with DUI.

Now, that’s just a Class C traffic ticket-level offense punishable by a fine of only up to $500 fine. But it carries consequences of possibly being on a person’s record for the rest of their life. It also carries the consequence of possibly causing a suspension of the person’s license for 60 days or more. So it’s very important to try to keep from having a DUI conviction and it’s very important to keep from having the DUI consequence of a suspension of the license.

So if a person under 21 gets ticketed for DUI driving under the influence, they do have a right to an administrative hearing regarding whether or not their license is suspended. These hearings have to be demanded within 15 days of the date the person was ticketed or arrested for DUI. It’s important to not let that time period expire, otherwise, there’ll be an automatic suspension of 60 days. But by demanding that hearing, that keeps the suspension from going into effect. We can often win these hearings so that a person doesn’t have to go through the suspension of their license or pay the $125 reinstatement fee once the suspension period is over.

So it’s very important to not get the DUI, but if you do, to get good representation to demand the hearing, try to prevent the suspension of the license and prevent this from being on your record.

Summary

While many states use DUI, Texas mainly uses DWI (driving while intoxicated). DUI in Texas applies to those under 21 if they have any alcohol in their system. It’s a Class C traffic offense, fined up to $500, with a potential license suspension. Requesting a hearing within 15 days of the ticket prevents an automatic 60-day suspension. Getting legal representation helps avoid DUI consequences like a license suspension and a lifelong record.