Driving under the influence (DUI) and driving while intoxicated (DWI) are terms often used interchangeably in Texas, but they are not exactly the same. Understanding the differences between these two charges is crucial, especially if you find yourself facing one.
In this blog, we will explore the distinctions between DUI drug charges and alcohol charges, the legal implications of each, and how a Houston DWI lawyer can help you navigate these complex cases.
What is a DWI in Texas?
In Texas, a DWI refers specifically to driving while intoxicated by alcohol. The legal limit for blood alcohol content (BAC) is 0.08%. If you are pulled over and your breath test shows higher, this will be considered a criminal offense and typically carries severe penalties. Also, a breath test refusal will result in driving license suspension in Texas.
For a first offense, a DWI is usually classified as a Class B misdemeanor, which can result in fines up to $2,000, a license suspension, and up to six months in jail. However, if your BAC is 0.15% or higher, the charge can escalate to a Class A misdemeanor, leading to harsher penalties. In cases where intoxicated driving results in injury or death in League City, Galveston, or anywhere in Texas, felony charges may apply, with potential prison sentences extending up to 20 years and fines up to $10,000.
What is a DUI in Texas?
Driving under the influence specifically pertains to drivers under the age of 21 who have any detectable amount of alcohol in their system. Texas has a zero-tolerance policy for underage drinking and driving, meaning that even a BAC lower than 0.08% can result in a DUI charge.
A DUI is classified as a Class C misdemeanor, which typically results in fines, community service, and mandatory alcohol education classes. Although the penalties for a DUI might seem less severe than those for a DWI, the long-term consequences can be significant. A DUI can affect a young person’s future opportunities, including college admissions, job prospects, and housing options.
DWI and DUI Drug Charges
In Texas, DWI isn’t limited to alcohol. Driving under the influence of drugs, whether prescription, over-the-counter, or illegal substances, can also result in a DWI charge. Unlike alcohol, where a breathalyzer can provide a clear BAC level, proving impairment due to drugs is more complex.
Texas Penal Code 49.04 states that a person is considered intoxicated if they lack the normal use of mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, or a combination of these into their body. Common drugs that can lead to a DWI include marijuana, cocaine, heroin, benzodiazepines, opioids, and methamphetamines.
Drug-Related DWI Testing
Testing for drug-related DWI typically involves blood, urine, or saliva tests, as breathalyzers can not detect drugs. Field sobriety tests and observations of physical symptoms like bloodshot eyes, slurred speech, or clumsy movements can also indicate impairment. However, these methods are less definitive than a breathalyzer for alcohol and can be challenged more effectively in court.
Legal Implications and Penalties
The penalties for drug-related DWIs are similar to those for alcohol-related DWIs. For a first offense, you could face a Class B misdemeanor with up to 180 days in jail and fines up to $2,000. A second offense might escalate to a Class A misdemeanor, while a third offense could result in a third-degree felony, with potential prison sentences ranging from two to ten years and fines up to $10,000.
The legal complexities increase when dealing with drug-related DWIs. Prescription drugs, for instance, can impair driving abilities even when used as directed. Therefore, a solid defense might argue that the driver was not impaired to the extent of being unsafe.
Get Legal Help for Your DWI or DUI Charges in Texas
If you are facing DWI or DUI charges in Houston, Galveston, League City, or anywhere in Texas, contacting a DWI attorney immediately is a reasonable choice. A skilled DWI or DUI lawyer can challenge the evidence against you, including the validity of field sobriety tests, the procedures used in chemical testing, and the officer’s observation.
At Law Offices of Tad Nelson & Associates, our experienced lawyers in DWI and DUI cases can help you understand your rights and options, negotiate plea deals, and represent you in court.
If you find yourself facing charges, contact our lawyers to guide you through the legal process and protect your rights and future.
