We often hear the terms DUI and DWI used interchangeably on TV, newspapers, or in everyday conversations. However, when you are faced with one of these in the State of Texas, these two offenses are very different.
A DUI (Driving Under The Influence) only applies to those persons under the age of 21. This offense is governed by Texas Alcoholic Beverage Code Section 106.041 which states:
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.
Because, if you are under the age of 21 you are not to be drinking at all, there is no requirement of intoxication. Just merely have a detectable amount of alcohol is enough for an officer to write a ticket. You will notice that only alcohol applies to DUI.
The other major distinction between DUI and DWI is a DUI is only punishable by a fine only. The only time that this offense enhances to possible jail time is if the minor has been previously convicted of DUI.
A DWI, on the other hand, is governed by the Texas Penal Code Section 49.04. This statute states:
A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
Intoxication is defined as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more”
It is also important to note that there are no age restrictions with DWI. Anyone that is driving a motor vehicle or watercraft that meets the definition of intoxication is subject to arrest and conviction of DWI.
As you can see the standard to find someone guilty of DWI is much higher than that of DUI and as a result the penalties for a DWI are much more serious:
Also, with both DUI and DWI there are serious driver’s license penalties that accompany even being accused of these offenses, let alone being convicted.
It is imperative that you contact an attorney immediately if you have been accused or arrested of either DUI or DWI. Time is crucial when handling these cases. Your attorney will be able to help you much more if you contact them as soon as you can. And, of course, the police are not your friends and are not trying to help you out of your situation. Never speak to them without an attorney present.
If you reside in Denton County and have been arrested for a DWI or a DUI in Northern Texas, UNT or any Suburb of Denton County contact Wheeler Law Office Today for a free initial consultation!
I wholeheartedly endorse this Law Firm. They were hired to handle a felony theft charge on my daughter in Denton County arising from a domestic dispute with a roommate. Their experience as criminal defense attorneys, along with their excellent working relationship with clients and officials in the criminal defense system, make him an excellent choice to represent anyone facing criminal charges. I would definitely hire The Wheeler Law Offices again, should the occasion arise.
I had got a ticket when my insurance had expired and I found The Wheeler Law office and they got my ticket dismissed! I am very very pleased with their services and would recommend them to anyone and i will for sure be calling them again if need be.
We contacted The Wheeler Law Offices to handle a few tickets that had the potential to be “troublesome” – they handled them quickly AND were very good about keeping me in the loop regarding changes. Since that time, I have needed to contact them and he continued to be extremely helpful.
I hired them into 2013 my cases were a little different than most. I had 2 DWI cases back to back within four months. Most people would just assume that they would have to do jail time no matter what. But they not only kept me from doing jail time they took care of both cases in a manner that I believe only they could have done. I won’t say how much probation time I received. But I can tell you that it ended up being a ridiculously short amount of time. All that being said not only was I in trouble with the law but I lost my job. They help me out financially I was able to pay them when I had the chance. And I can say with all honesty and certainty it was worth every penny If you are in trouble with any such cases that they take care of I can guarantee you will not be displeased. They take care of things in a very professional and friendly way. The Wheeler Law Offices are easy-going and very professional and I would hire them again anytime.
Not only are they very neat and presentable, but they were also nice and very personable in a very nerve wracking and foreign time for me. They were always upfront and never promised what they couldn’t handle. I believe time on the prosecution side at the District Attorneys office helped them know what to expect and to get my case dismissed. I hope I never need to but I would definitely use their services again, and recommend them to anyone else in need.
Providence Village, TX
They successfully dismissed my DWI case! They also successfully overturned my drivers license suspension. They were always available to answer my questions and keep me informed during the entire process. I am extremely thankful for their hard work on my behalf. I would strongly recommend The Wheeler Law Offices to represent you. They are very knowledgable about the court process and how to successfully represent facts to the judge. My results prove their effectiveness. I am truly thankful they represented me.
They got my DWI down to an obstruction of passageway MID TRIAL! They helped me out with a payment plan and was available anytime I had a question. They kept me up to date on everything happening and were amazing to work with. They’ve been straight forward about my case and continue to give me great legal advice. If you find yourself in this situation, my condolences, it’s no fun but this is your Law Firm. They were great!!
I got arrested for DWI, I needed a very good attorney to help me out. The moment my father and I walked into their office, I knew they were the attorneys for me! They know exactly what they are doing and I am very pleased with their services. I would highly recommend them to anyone, and without a doubt will call them if needed again. They got my DWI charges dropped down to an obstruction of the road charge. That is very impressive!
They are really really good attorneys that handled two of my cases both were pretty serious charges and one them got dismissed and will also work with you with payments if money is ever an issue. They are the best I was lucky enough to find such a good attorney like them if anything they will be the one firm I will ever go too.
The Wheeler Law Offices are the best defense attorneys I’ve ever met and worked with, they worked very hard to see that my charges were reduced. Excellent attorney glad I had them to represent me.