DWI or DUI - What Is The Difference in Texas? How To Fight Your Case (2025) скачать в хорошем качестве

DWI or DUI - What Is The Difference in Texas? How To Fight Your Case (2025)

DWI or DUI in Texas? Is There A Difference I get calls all the time saying they have been arrested for a DUI or DWI. Is there a difference between these terms or are they the same? Introduction - What Is The Main Difference? In short, DUI is picking up a DWI and being underage at the time of the arrest. If you are over 21 years of age, you are looking at a DWI charge. If you are under 21 years of age, the police can choose to charge you with the offense of Driving Under the Influence. Different Requirements Under The Law in Texas It is important to understand that every state has a different title for DUI vs. DWI and some states call it something completely different altogether – I say that to remind you that if you are watching this video from a different state, it is important to consult DWI law in your specific state. DUI – if you are under 21 years of age and you have ANY detectable amount of alcohol in your system, you could be convicted of DUI. DUI charges originate in a municipal court, not county court. Additionally, DUI charges apply to alcohol consumption only, not drugs or other intoxicants. The range of punishment for a Class C Misdemeanor is up to a $500 fine and no jail time. The benefit is that a DUI is easier to resolve than a DWI in a manner that allows you to get your case dismissed and removed from your criminal record. DWI – if you operate a motor vehicle in a public place WHILE INTOXICATED, you can be arrested for Driving While Intoxicated. The most common element of the crime that the prosecutor may have a difficult time proving is the element of intoxication. What does “intoxicated” mean? The State of Texas has a very specific definition of "intoxication" as related to DWI charges. The State must prove beyond a reasonable doubt that you lost the normal use of your mental faculties or physical faculties by reason of alcohol, drugs or a dangerous drug. Alternatively, if the prosecutor can prove that your blood alcohol level was 0.08 or higher at the time of driving, they may be able to prove the element of intoxication. The range of punishment on a first time DWI charge is a Class B misdemeanor, punishable by up to 180 days in jail and up to a $2,000 fine. If your blood alcohol level can be proven to be over .15, you will be facing a Class A misdemeanor, punishable by up to 1 year in the county jail and up to a $4,000 fine. If you are facing a DWI Misdemeanor Repetition or DWI 2nd, you will be facing a Class A misdemeanor. Finally, if you are facing a DWI 3rd or more, you will be looking at a possible prison sentence of a minimum of 2 years up to 10 years and up to a $10,000 fine. Driver’s License Suspensions Depending up on your DWI or DUI charges, you could face a driver's license suspension. For a DUI charge, you can face up to a 60 day drivers license suspension. For a DWI, you could be facing a minimum of 90 days and up to a 180 day driver's license suspension. DUI Defenses Not driving - if you were not operating the vehicle, the prosecutor will not be able to sustain a conviction against you. Improper traffic stop - what if the police pulled you over based upon a hunch that you were drunk? If the police cannot justify a legal basis based upon reasonable suspicion, you may have been illegally stopped. An illegal stop can be the basis for your DWI or DUI case to be dismissed. In possession of alcohol but no proof of having alcohol in system - you may have possessed alcohol, but possessing alcohol is not sufficient to prove DUI. No alcohol in system at time of driving - it may seem obvious, but if you did not have alcohol in your system at the time of driving, you are not guilty of DUI DWI Defenses Not Intoxicated - if you possessed the normal use of your mental or physical faculties or were under .08 at the time of driving, your DWI case should be dismissed. NO Breath or Blood test and poor officer opinion Flawed BT or Blood test Not Driving Not in a Public Place Free Guides: What to Do When You've Been Charged in Texas: https://www.criminalattorneyfortworth... Ultimate Guide to DWI Defense in Texas: https://www.criminalattorneyfortworth... What to Do When Charged with Domestic Violent Crime: https://www.criminalattorneyfortworth... How to Beat a Drug Charge in Texas: https://www.criminalattorneyfortworth... FOR YOUR FREE EBOOK: THE ULTIMATE GUIDE TO DWI DEFENSE IN TEXAS CLICK HERE https://www.criminalattorneyfortworth... Call 817-877-5200 or visit https://www.criminalattorneyfortworth... 00:00 DUI vs DWI. What’s The Difference? 02:06 What’s DUI 03:22 What’s DWI 05:08 Are There Different Consequences For DUI vs DWI? 05:50 Defenses to DUI and DWI