Last Updated on October 1, 2025 by Beltz Law Group
When it comes to an impaired driving charge in Texas, many people use the terms DWI and DUI interchangeably. While both involve allegations of driving under the influence of alcohol or drugs, Texas law makes a very important distinction between the two. Knowing the difference can have a major impact if you or someone you love is facing charges, especially since the penalties and long-term consequences are not the same.
In Texas, DWI (Driving While Intoxicated) is considered a more serious criminal offense. Under the Texas Penal Code, a person may be charged with DWI if they are operating a motor vehicle in a public place with a blood alcohol level of 0.08% or higher, or if their normal mental or physical faculties are impaired due to alcohol, drugs, or a combination of both. Unlike a DUI, which applies only to minors, a DWI charge applies to drivers of all ages. A first-time DWI conviction can lead to thousands of dollars in fines, jail time, and a driver’s license suspension, with penalties increasing sharply for repeat offenses or cases involving accidents and injuries.
By contrast, DUI (Driving Under the Influence) is a charge that applies exclusively to drivers under the age of 21. Texas has a zero-tolerance policy for underage drinking and driving, which means that any detectable amount of alcohol in the system of a driver under 21 can result in a DUI, even if the blood alcohol concentration is well below the legal limit of 0.08%. A DUI is often charged as a Class C misdemeanor, but it can still carry fines, mandatory community service, alcohol education classes, and a license suspension. For young drivers, a DUI can create lasting damage to their record, their education opportunities, and even their employment prospects.
It’s important to remember that the key distinction between a DWI and a DUI in Texas lies with the age of the driver and the level of their impairment. Adults who drive while intoxicated will almost always face a DWI charge. Minors, however, may be charged with DUI even for a small amount of alcohol, and if their BAC reaches 0.08% or higher, they may face a DWI instead, which carries much harsher penalties. This distinction is critical for families to understand, as both charges can affect insurance rates, driving privileges, and criminal records for years to come.
Both DWI and DUI charges in Texas are more than just traffic violations, they are criminal offenses that can change the course of a future. Having a knowledgeable criminal defense lawyer on your side can make all the difference in protecting your record, your license, and your future opportunities.
If you or a loved one have been charged with a DWI or DUI in Texas and would like to speak to one of our attorneys, please contact our office at 214-321-4105 or email us using our contact form. Additionally, we can assist with other traffic-related matters including, but not limited to: license holds, license suspensions, traffic tickets, warrants, and other related matters.
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