DWI v. DUI

In Texas you commit the offense of driving while intoxicated if, while operating a motor vehicle in a public place, you have either: (1) lost the normal use of your mental faculties, (2) lost the normal use of your physical faculties or (3) have a blood alcohol concentration of .08 or higher.

However, if you are under the age of 21 and operating a motor vehicle in a public place with any detectable amount of alcohol, you have committed the offense of driving under the influence. Any detectable amount means that all an officer has to do is smell the odor of an alcoholic beverage on your breath to arrest you.  Should you subsequently fail a breath test, you could be arrested for DWI.

While driving while intoxicated is a Class B misdemeanor and carries a sentence ranging from three days to six months in the county jail and a fine of up to $2,000.00, driving under the influence is a Class C misdemeanor and carries a maximum fine of no more than $500.00.

However, even if you are stopped for driving under the influence, you still face the possibility of a driver's license suspension of up to twelve months on a first offense.  In addition, you will have only fifteen (15) days to appeal the administrative suspension of your license or you could lose it for six months just because you were arrested.