Criminal Law Blog
May 24, 2005
Here’s the difference between a DWI and a DUI.
In Texas, a “DUI” is an offense committed by a minor who drives a car while having alcohol in his system, which means as a practical matter, if he has alcohol on his breath. A “minor” is someone who is 17 or older, but hasn’t yet turned 21. To commit a DUI, the minor need not be intoxicated or “drunk.” The police do not have to offer the minor a chance to “blow” into a breathalyzer or to take a sample of his blood.
The question is not “how much” alcohol is in his system, but whether there is any “detectable” amount of alcohol in the minor’s system. If the officer can smell alcohol on the minor’s breath, then the officer has “detected” it in the minor’s system.
A DUI is a Class C misdemeanor the first time it’s committed. A Class C misdemeanor is punishable only by a fine of up to $500.
A minor can also be prosecuted for a “DWI,” but proving that offense requires a lot more proof than is needed for a “DUI.”
You can be convicted of a DWI if the prosecutor proves that you were: 1) intoxicated; 2) while operating; 3) a motor vehicle; 4) while in a public place.
“Intoxicated” has basically two definitions, one objective, the other subjective.
The objective one is that your alcohol concentration was 0.08 or higher. Proving your alcohol concentration usually means the police got a sample of your breath or blood, but could even mean they got a sample of your urine.
The subjective one is that you didn’t have 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. The prosecutor usually tries to prove the subjective one through the arresting officer’s testimony and the videotape of you performing field sobriety tests.
“Operating” can be as little as attempting to start a car that won’t start. If that seems unfair, I would agree, and I would add that you ain’t seen nothin’ yet.
A “public place” is any place that the public has access to, including streets and highways.
The first time you are arrested for DWI, it’s a Class B Misdemeanor, punishable by up to 180 days in jail and up to a $2,000 fine. If you were convicted for the Class B Misdemeanor, then the second time you’re arrested, the DWI is a Class A Misdemeanor, punishable by up to 1 year in jail and up to a $4,000 fine. The third time it’s a 3rd Degree Felony, punishable by not less than 2 years, nor more than 10 years in prison, and up to a $10,000 fine.
If you are arrested for DWI and there is a passenger younger than 15 in the car, you’d be accused of a State Jail Felony, which is punishable by not less than 180 days, nor more than 2 years in the State Jail Facility, and up to a $10,000 fine.
If you are in a blog directory and you want to subscribe to my blog, just hit “add,” then left-click on the RSS button below and drag it over to the “add” area. Thanks.
