DWI or DUI? What’s the difference between the two? Many states don’t have a distinction between Driving while Intoxicated (DWI) and Driving under the Influence (DUI). In Texas, the difference is a matter of age.
Texas law says a person commits the offense of DWI if he or she is intoxicated by the introduction of alcohol and/or drugs in their system. The law defines intoxication as having a BAC (Blood Alcohol Content) level of .08 or higher OR losing the normal use of mental or physical faculties because of alcohol or drug use.
A first time DWI is a class B misdemeanor. The range of punishment is a fine not to exceed $2000 and/or up to 180 days in jail. A first time DWI can be enhanced to a class A misdemeanor if your BAC is .15 or higher. The range of punishment for a class A misdemeanor is a fine not to exceed $4000 and/or up to a year in jail.
A DWI in the state of Texas is one of a few charges that can be enhanced each time you receive a conviction.
If you are arrested for DWI, your license could be suspended. You have 15 days from the date of arrest to request an ALR (Administrative License Revocation) hearing. If you do not request a hearing, your license will automatically be suspended for 90 days to 2 years depending on if the offense is a first time or subsequent offense.