Categories: Alcohol & Impairment

DWI, Drunk Driving, and the Texas Penal Code

In the United States, the law about Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) vary from state to state. Houston DWI cases are charged as an offense of someone driving under the influence of drugs while the DUI is an offense charged when someone is under the influence of drugs or other substances.With a qualified Houston DWI lawyer like Tad Nelson on your side, you’ll have the best chance of beating the charge in court.

Link to Texas Penal Code for DWI-related offenses.

However, in Texas, the law about DUI and DWI varies and there a difference between the two offenses basing on two main factors namely the level of intoxication exhibited by the offender and the age of the driver.

DUI in Texas is a specific charged offense that is committed when the offender is below the age of 21, and they are driving with a detectable amount of alcohol in their system. If an officer can smell the breath of alcohol from the driver that is under the age of 21 years, then the officer has the right to charge the offender with a DUI. In Texas, the offense of DUI is charged not by the amount of intoxication the driver is under but also any detectable alcohol in the driver’s system.

This varies from other states where a DUI is an offense where someone is charged for driving while they are intoxicated. In Texas, the DUI offense is classified as a class c, and this is the lowest classes of offenses. The DUI offense is punishable by only a fine of up to $500, and this offense cannot result in any jail time. Also, if you are under the age of 21 years old and have been charged with a DUI, there is a risk that your driver’s license may be suspended for a period of between 60-180 days. The risk of suspension of your driver’s license depends on the offenses that are previously related to DUI.

The DWI offense in Texas is charged when someone is found operating a motor vehicle in a public place, driving on a public road, and this person may be exhibiting signs of intoxication or impairment. These signs may include; abnormal use of their physical or mental faculties due to the introduction of drugs, alcohol, a dangerous drug or a combination of drugs and alcohol. DWI in Texas is also charged when a driver has an alcohol content in their bloodstream of 0.8 or higher. It should be noted that the offense of DWI in Texas is different from other states as it involves someone driving and they have either used, drugs, alcohol or used a combination of drugs and alcohol leading to impairment of their normal brain and motor functioning.

The consequences of a DWI in Texas is categorized as a class b, and it is a more severe offense compared to the DUI offense. The DWI offense can lead to jail time of between 0-180 days or probation for two years. Also, the DWI offense in Texas might attract a fine of $2,000 and also the risk of suspension of your driver’s license.

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