DWI or DUI

Do I have a Driving While Intoxicated case (“DWI”) or a Driving Under the Influence Case (“DUI”)? While most people use these terms interchangeably, they have very unique and differing consequences under the laws of Texas. In Texas, as opposed to other States that set their own definitions and laws, a DUI is reserved for a minor who has been arrested for driving a motor vehicle with any detectable amount of alcohol in their system. The simple policy in Texas for any driver under the age of 21 is zero tolerance. While there is no possibility of jail time for this offense, there are a number of reasons to fight a DUI. An underage driver who has been accused of DUI faces fines, license suspensions and a conviction on their record. If you or your teenage driver is facing a DUI, contact a PRO to ensure that your rights are protected

On the other hand, a DWI is an offense that requires that State to prove that an individual has lost their normal mental faculties; lost their normal physical faculties; and/or has a blood alcohol concentration of .08 or more. The serious and draconian consequences of a DWI conviction our dealt with more specifically on other parts of our site, but it is undoubtedly a serious matter. If you or a loved one has a DWI, call a DWI PRO to help guide you through this difficult period. It is also important to note that these crimes are not mutually exclusive. A minor can be charged with DWI and have a DUI out of the same occurrence. This can occur if the State can show 1) that the person is underage and has a detectable amount of alcohol in their system while driving; and 2) that they were also driving a motor vehicle while intoxicated. Such prosecutions are not barred by the Double Jeopardy clause of either the U.S. Constitution or Texas Constitution. In order to address either of these issues it is important to have a Law Firm that will be there for you and your family in a time of need. Call a DWI PRO today (210) 222-2288.