Cofer Luster Criminal Defense Lawyers | May 19, 2025 | DUI / DWI

DUI Versus DWI in Texas

Understanding the difference between DUI and DWI in Texas can be confusing, especially since most people use these terms interchangeably. There are actually distinct differences between these two charges, and understanding the difference matters for defendants.

Driving Under the Influence (DUI) in Texas

In Texas, the term DUI only officially applies to drivers who are younger than 21. If a police officer stops someone under 21 and finds that they have any amount of alcohol at all in their system, they can be charged with DUI.

It doesn’t matter whether they were actually impaired – just the fact that they had alcohol in their system is enough for a conviction under this statute. Drivers under 21 can also face DWI charges if their blood alcohol level is at or above .08, or if they are found to be driving while using drugs.

DUI Penalties in Texas

DUI charges come with serious penalties. If you’re convicted, you face the following: 

  • A fine of up to $2,000 
  • Three days to 6 months in jail 
  • Community service
  • Driver’s license suspension for up to one year 
  • A yearly surcharge of $1,000 or $2,000 is required to keep your license. This lasts for three years. 
  • Subsequent offenses carry significantly harsher penalties. 

Being charged with DUI can have a huge effect on your life, so it’s important to know what’s at stake and get help if you’re facing these charges.

Driving While Intoxicated (DWI) in Texas

In Texas, DWI stands for driving while intoxicated. This charge applies to anyone 21 or older who is caught operating a vehicle after drinking alcohol or using drugs to the point where they are impaired. 

The law says that a driver is legally intoxicated if their blood alcohol concentration is .08 or higher. However, you can be convicted even if your BAC is under .08 if you are unable to operate a vehicle safely. A person can also be charged with DWI if their ability to drive is affected by drugs, even if those drugs are prescription or over-the-counter. 

DWI Penalties in Texas

If you are charged with DWI in Texas, the penalties can be serious and can affect your daily life for a long time. The exact punishment depends on whether it’s your first offense or if you have a prior DUI conviction. 

First-Offense DWI Penalties 

For a first DWI conviction, you face:

  • Fines up to $2,000
  • Between 3 days and 180 days in jail
  • Driver’s license suspension for up to 1 year

If you’re facing a first DWI charge, working with a criminal defense lawyer is essential.

Second-Offense DWI Penalties

Penalties for a second offense are even harsher. You face: 

  • Fines up to $4,000
  • One month to 1 year in jail
  • Driver’s license suspension for up to two years
  • An additional $3,000, $4,500, or even $6,000 fine when you’re sentenced

Subsequent DWIs have even more severe penalties, with longer license suspensions, higher fines, and longer prison sentences. You can also face more significant penalties if aggravating circumstances exist. 

DWI Involving a Child Passenger 

Driving while intoxicated and having a child passenger is considered an aggravating factor. If you are caught driving while intoxicated with a child under 15 in your car, you will likely be faced with felony charges and child endangerment as well. Penalties could include: 

  • An additional fine of $10,000
  • Jail for up to two years
  • An additional 180 days of driver’s license suspension 

These penalties are on top of the DWI penalties. Whether you’re facing a DUI or a DWI, you’re looking at serious consequences. 

A Criminal Defense Lawyer Can Help

While DUI and DWI are sometimes used interchangeably, it is important to recognize the key differences between the two charges in Texas. DUI specifically applies to drivers under the age of 21 who have any alcohol in their system, regardless of impairment, while DWI applies to adults (21 and older) who are impaired by alcohol or drugs. Both offenses carry serious consequences. 

If you’re facing a DUI or DWI charge, a criminal defense lawyer can help you navigate the legal complexities and minimize the impact of the charges on your life.

For more information, please contact the DUI/DWI law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102