| In most cases, if an individual is charged with a DWI | | | | driver with a DWI even if their BAC is beneath the |
| (driving while intoxicated), their crime is classified as | | | | legal limit. |
| either a Class A or Class B Misdemeanor, depending | | | | Differences in Sentencing |
| on their circumstances. However, if an individual has | | | | Depending on the circumstances surrounding your |
| already been convicted of prior DWIs, they may | | | | charge, you may be charged with a DUI, DWI, or a |
| receive a felony DWI. Additionally, if there was a | | | | felony DWI. |
| passenger under 15 years of age in the vehicle, an | | | | DUIs are classified as Class C Misdemeanors, the |
| intoxicated driver may be charged with a felony DWI | | | | least severe charge. Punishment typically consists of a |
| for child endangerment. | | | | $500 dollar fine and license suspension with community |
| DUIs versus DWIs | | | | service. |
| Many people confuse DUIs (driving under the influence) | | | | First offense DWIs are generally classified as |
| with DWIs (driving while intoxicated). While both crimes | | | | Class B Misdemeanors. The repercussions of which |
| pertain to driving while under the influence of a mind | | | | consist of a fine of up to a 2,000 dollars and up to six |
| altering drug, the repercussions of each are quite | | | | months in county jail. Generally, however, a first |
| different. | | | | conviction will not require jail time, but probation for up |
| In the state of Texas, there is a zero tolerance policy | | | | to two years. Probation in Texas has many |
| for underage drinkers. If you are not yet 21 years old, | | | | requirements such as DWI programs, community |
| and an officer proves that you were under the | | | | service hours and other conditions that the Court may |
| influence of any amount of alcohol (via breathalyzer | | | | require. |
| test or other means), then you will be charged with a | | | | A Second DWI Conviction is considered a Class A |
| DUI, even if your BAC (blood alcohol level) was | | | | Misdemeanor and is punishable by up to one year in |
| underneath the legal limit of.08. A DUI is classified as a | | | | the county jail and a 4,000 dollar fine. Second and |
| Class C Misdemeanor. | | | | subsequent DWI convictions also have a mandatory |
| A DWI, is considered a more serious offense. In | | | | driver's license suspension requirement, which may |
| Texas, anyone over the age of 21 may be considered | | | | vary from six months to two years. |
| intoxicated if: | | | | A third or more DWI is a third degree felony with a |
| They do not have normal use of their physical and | | | | punishment range of two to ten years in prison and up |
| or mental faculties due to the presence of alcohol, | | | | to a 10,000 dollar fine. Second and subsequent DWI |
| drugs, or controlled substances in their system. This | | | | convictions also have a mandatory drivers license |
| includes prescription medications that may impair one's | | | | suspension requirements which vary from six months |
| driving abilities | | | | to two years. |
| They have a blood alcohol level (BAC) that | | | | If an individual is driving while intoxicated and a child |
| reaches or exceeds.08. This can be determined by a | | | | under the age of 15 is in the car with them, the driver |
| breathalyzer test or a blood sample. | | | | may be charged with a felony DWI, as well. |
| In Texas, police officers have the ability to charge a | | | | Punishments are equivalent to a third degree felony. |