DUI and DWI are often used interchangeably, but in Texas they do not mean the same thing.
In Texas, DWI stands for Driving While Intoxicated. DUI stands for Driving Under the Influence and applies only to drivers under the age of 21. For adults, Texas law uses DWI, not DUI.
If you are arrested in Central Texas for impaired driving, the charge will almost always be DWI unless you are under 21. Contacting the Lawyer Referral Service of Central Texas can help you find a criminal defense attorney who understands how Texas courts handle these cases.
Texas Definitions Explained
Driving While Intoxicated in Texas
A person may be charged with DWI if they are operating a motor vehicle in a public place while intoxicated. Intoxication means not having the normal use of mental or physical faculties due to alcohol, drugs, a controlled substance, a prescription medication, or any combination of these. A blood alcohol concentration of 0.08 or higher also qualifies, but a BAC is not required for a DWI arrest.
Driving Under the Influence in Texas
DUI in Texas applies only to minors under 21. A minor can be charged with DUI for driving with any detectable amount of alcohol in their system, even if they are not visibly impaired. This is a separate and lesser offense than DWI, though it can still carry serious consequences.
Why This Distinction Matters
Many states use DUI as a general term for impaired driving. Texas does not. Adults are not charged with DUI in Texas. This misunderstanding can cause confusion for people searching for information online or comparing laws across states.
When an officer makes an arrest, they must believe the driver is impaired and unable to operate a vehicle safely. In Texas, a driver can be arrested for DWI even if their blood alcohol level is below 0.08, as long as impairment is suspected.
DWI Charges and Non Alcohol Related Drugs
Texas DWI laws apply to more than alcohol. Prescription medications, illegal drugs, and combinations of substances can all support a DWI charge. If alcohol is not detected, officers may suspect drug impairment.
In these cases, a Drug Recognition Expert may be called to conduct evaluations. These officers receive specialized training to assess impairment related to drugs. Their observations may be used as evidence in a DWI case.
Because these cases rely heavily on officer testimony and technical evidence, experienced legal representation is critical.
A Final Word on Safety
Driving after consuming alcohol or taking impairing medications can be dangerous even if you believe you are under the legal limit. Texas law focuses on impairment, not just numbers.
Planning ahead by using a designated driver or rideshare service is far safer than risking a DWI arrest. If you are facing a DWI or DUI charge in the Austin or Central Texas area, contact the Lawyer Referral Service of Central Texas to connect with a qualified criminal defense attorney who can explain your options.
