The short answer is there is virtually no difference between DWI and DUI in Texas. Both DUi and DWI are terms that refer to operating a motor vehicle while losing the normal use of your mental or physical faculties. The biggest difference between the two is only in what the letters stand for. DWI is an acronym for driving while intoxicated and DUI stands for driving under the influence of a known or unknown drug.
In some states, the drunk driving laws differentiate between a DUI and a DWI, where a DUI is a lesser charge. In these states, a DUI usually signifies a lesser degree of intoxication, which is determined by a person’s blood alcohol level at the time of arrest. For example, the state of New York differentiates between DWI and DUI by establishing a blood alcohol level of .08 as the legal limit for DWI. If a person has a blood alcohol level of .07, the charges may be reduced to a DUI, which carries a lesser punishment.
In Texas like most states throughout the country that have developed a zero policy, consequently, they do not recognize any difference between a DUI and a DWI. As far as the law is concerned, any blood alcohol level over the specified minimum (.08) is a crime that will be punished in the same manner. In some states, the terms DUI and DWI are used to indicate whether a person was driving impaired under the influence of drugs or alcohol. In those states DUI is reserved for illegal or legal drugs.
Also, there is no such crime as drunk driving in Texas. For most people this is intoxicated, but the State goes to great lengths to try to deceive a prospective juror that this is not the case despite common sense telling us otherwise.
If you need any assistance with your drunk driving case in Harris, County, Texas please contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhouston.com.