Dallas DWI Lawyer & Attorney Blog : Collin County DWI Lawyer & Attorney : Troy Burleson Law Firm : Texas DUI & Drunk Driving Defense : Denton County, Dallas County

One of the most asked questions we get from citizens is, "what is the difference between a DWI and a DUI?".  Below, is a detailed explanation of the difference that we posted on our Dallas DWI website and Collin County DWI website.

DWI v. DUI in Texas:  What is the Difference?

Under Texas Law, driving while intoxicated and driving under the influence are two distinct criminal offenses. Generally speaking, Driving While Intoxicated is a more major offense under Texas law with a greater range of punishment. Driving Under the Influence is a lesser punished charge with a smaller range of punishment. There are two main differences between DWI and DUI. The first is the age of the person accused. In Texas, any person regardless of age can be charged with DWI. However, only citizens under 21 years of age may be charged with DUI.

The second difference between DWI and DUI is the level of proof needed to prove the offense. To convict a citizen accused of DWI (Driving While Intoxicated) the State must prove that the person was intoxicated at the time he or she was operating a motor vehicle. For the legal definition of "Intoxicated" under Texas law, click HERE.

In order to convict a citizen of DUI (Driving Under the Influence) the State only has to prove that the person accused had ANY detectable amount of alcohol in his or her system at the time they were operating a motor vehicle. The State can prove this various ways including but not limited to: a) the accused admitting to consuming alcohol; b) the odor of an alcoholic beverage on a person's breath; or c) a breath test under the legal limit of 0.08.

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