| In some states the terms are used interchangeably, | | | | (1) while under the age of 21, (2) operated a motor |
| but in Texas, driving under the influence (DUI) is a | | | | vehicle, (3) in a public place (4) after consuming alcohol. |
| different crime that driving while intoxicated (DWI). Both | | | | The prosecutor need not prove the driver had lost the |
| offenses require that a person operate a motor | | | | normal use of his mental or physical faculties. The |
| vehicle in a public place, but the targets of the two | | | | smell of alcohol alone is enough evidence to prove |
| offenses are very different. | | | | consumption. |
| In order to convict a motorist of driving while | | | | Driving under the influence (DUI) is a Class C |
| intoxicated (DWI), the state must prove that the | | | | misdemeanor in Texas and carries a maximum |
| person (1) operated a motor vehicle, (2) in a public | | | | punishment of a $500 fine and up to 40 hours of |
| place, and (3) had lost the normal use of his mental or | | | | community service. A subsequent conviction may be |
| physical faculties (4) as the result of consuming alcohol, | | | | punished by a fine of at least $500 and up to six |
| a drug, or a combination of the two. According to the | | | | months in the county jail. A minor may have his driver's |
| Texas DWI Statute, if a person has an alcohol | | | | license suspended for 30 days on a first offense. |
| concentration of.08 or higher at the time of driving, that | | | | Since DUI is a Class C misdemeanor, a defendant is |
| person is considered to be intoxicated per se. | | | | charged either in municipal court or in a justice court. |
| Driving while intoxicated (DWI) is a Class B | | | | Most justice courts in Texas are not courts of record |
| misdemeanor in Texas and carries a maximum | | | | so, aside from Texas Department of Public Safety |
| punishment of six months in the county jail and a fine | | | | driving records, there will be no record of a conviction. |
| of up to $2,000. A subsequent conviction may be | | | | Even more important, since DUI is not an offense |
| punished by up to a year in the county jail and a fine | | | | under Section 49 of the Texas Penal Code, deferred |
| of up to $4,000. Upon a conviction for DWI, a motorist | | | | disposition is available to a person charged with the |
| could see his driver's license suspended for up to one | | | | offense. However, should a person be charged with a |
| year. Unlike most crimes in Texas, a person charged | | | | subsequent DUI, a dismissal under deferred disposition |
| with DWI is not eligible for dismissal through deferred | | | | is still considered to be a conviction. |
| adjudication. | | | | Two similar sounding crimes, two very different |
| To convict a motorist of driving under the influence, on | | | | offenses. |
| the other hand, the state must prove that the person | | | | |