If you’ve ever wondered about the difference between DWI and DUI in Texas, you’re not alone. Many people get confused about these two terms. We’ll discuss the differences below.
Remember, if you’re facing either charge, it’s important to talk to an Austin, Texas DWI defense lawyer right away.
What is DWI in Texas?
DWI stands for “Driving While Intoxicated.” In Texas, this charge applies to anyone who drives a car with a blood alcohol level of 0.08 or higher or is driving while impaired by drugs. If the police determine you can’t drive safely because you drank too much or have taken drugs, you can be charged with DWI.
The law says you’re “intoxicated” if you can’t think or move normally because of alcohol or drugs.
What is DUI in Texas?
DUI means “Driving Under the Influence.” In Texas, this charge typically applies to people under 21 years old. If you’re under 21 and have any measurable alcohol in your system while driving, you can be charged with DUI. Texas has a “zero tolerance” rule for young drivers, as it is illegal to purchase and consume alcohol unless you are at least 21 years old.
How are DWI and DUI Different?
The main difference is who can be charged. DWI can apply to anyone, no matter how old they are. DUI typically applies to drivers under 21.
Another big difference is how much alcohol it takes to get charged. For DWI, you need to be “intoxicated,” as defined by law. For DUI, any amount of alcohol can lead to charges if you’re under 21.
What Happens if You’re Charged with DWI?
If you’re charged with DWI in Texas, you can face serious problems. For a first offense, you might have to pay up to $2,000 in fines. You can also go to jail for anywhere from three days to six months. The state might also take away your driver’s license for up to a year.
If it’s not your first DWI, the penalties get worse. You can pay up to $4,000 in fines and spend more time in jail. You might lose your license for even longer, too.
What Happens if You’re Charged with DUI?
DUI charges are usually not as bad as DWI charges. If it’s your first time, you might have to pay up to $500 in fines. You won’t go to jail, but you might lose your license for a while.
Even though DUI isn’t as serious as DWI, it can still cause problems. It might make it harder to get into college or find a job. But if your case is handled by a Texas DWI / DUI attorney, colleges won’t be able to see your record.
Why You Need a Texas Criminal Defense Lawyer
When you’re facing a DWI or DUI charge in Texas, having a good lawyer on your side is extremely important. These cases aren’t simple, and trying to handle them on your own can be risky. A Texas criminal defense attorney knows all the ins and outs of these laws and can help in ways you might not even realize.
First off, a lawyer will look at your case from all angles. They’ll go through everything that happened step by step. This includes how the police stopped you, how they decided you might be drunk or high, and how they tested you. Sometimes, the police don’t follow all the rules they’re supposed to. If they did not follow procedure or messed up anywhere along the way, your lawyer can use that to help your case. They can even get your charges dropped or made less serious.
Your lawyer will also dig into the evidence against you. Maybe the breath test machine wasn’t working right, or the blood test got messed up at the lab. A good lawyer knows how to spot these problems and how to argue them in court. They might be able to get some evidence thrown out, which can make a big difference in your case.
Another big help is that a lawyer can talk to the prosecutor for you. Prosecutors are the lawyers who are trying to prove you’re guilty. Your lawyer can make a deal with them. This means you can get a lighter sentence or even get sent to a special rehabilitation program instead of facing normal punishments. Without a Texas defense lawyer, it’s hard to know whether you’re getting a fair deal.
Lawyers also know about special programs that might be available to you. For example, there might be a program where you can get help for drinking problems instead of going to jail. Or there might be a way to keep the charge off your permanent record if you do certain things. Your lawyer will know about these options and can determine if they’re right for you.
In court, your attorney will be your voice. They know how to talk to judges and juries in a way that helps your case. They can explain things that might seem bad about your case in a better light. They also know how to question police officers and witnesses to identify problems with their stories.
Your lawyer will also ensure your rights are protected throughout the process. They’ll ensure you’re not pressured into saying things you shouldn’t or agreeing to things that aren’t good for you. They’ll fight to ensure everything is fair and you’re treated right under the law.
If you are found guilty, your attorney can still help you. They’ll work to get you the lightest sentence possible. They might show the judge all the good things about you or explain any problems in your life that led to this mistake. This can make a big difference in what happens to you.
Having a lawyer also helps you understand what’s going on. The legal system can be confusing, with lots of strange words and complicated rules. Your lawyer will explain everything to you in a way you can understand. They’ll explain what to expect and how to prepare for each step of the process.
Remember, the police and prosecutors have lots of experience with these cases. They do this every day. Without a lawyer, you’re trying to go up against experts all by yourself. But with a good Texas criminal defense lawyer, you level the playing field. You have someone on your side who knows the system just as well as they do.
Ultimately, having a lawyer can make a huge difference in what happens to you. It can mean the difference between going to jail or staying free, keeping your license or losing it, and between having a criminal record or not. When so much is at stake, having an experienced Texas DWI / DUI attorney on your side is worth it.
So, if you’re facing a DWI or DUI charge in Texas, don’t wait. Talk to a lawyer as soon as you can. The earlier they start working on your case, the more they can help you. Your future is too important to risk going it alone.
Understanding Your Rights After DWI or DUI Charges in Texas
When you’re dealing with DWI or DUI charges, it’s important to know your rights. The U.S. Constitution gives you several important protections.
The Fourth Amendment protects you from unreasonable searches and seizures. This means the police need a good reason to stop your car or search it. If they didn’t have a good reason, your lawyer can get evidence thrown out.
The Fifth Amendment says you don’t have to say anything that might get you in trouble. This is why you can remain silent when you’re arrested until you can get the help of a DWI / DUI attorney.
The Sixth Amendment gives you the right to have a lawyer defend you. This is super important in DWI and DUI cases because they can be so complicated.
You also have Miranda rights. These are the rights the police are supposed to tell you about when they arrest you. If they don’t tell you about these rights, it can help your case.
What Happens in Court
When your DWI or DUI case goes to court in Texas, there are various rules and steps that everyone has to follow. These rules are called the rules of criminal procedure. They’re there to make sure everything is fair for everyone involved.
Your Texas criminal defense lawyer knows these rules inside and out. They’ll use this knowledge in ways you might not even realize. For example, before the trial even starts, your lawyer might file special papers called “motions.” These motions can ask the judge to throw out certain evidence or even dismiss your whole case if the police didn’t follow the right procedures.
When you first go to court, you’ll have a hearing called an arraignment. This is when you hear the charges against you and tell the judge whether you plead guilty or not guilty. Your criminal defense attorney will be right there with you, helping you understand what’s happening and advising you on what to say.
If your case goes to trial, the prosecutor tries to prove you’re guilty, and your attorney works to show why they’re wrong or why there’s doubt about what happened. Your defense attorney will use the rules of criminal procedure to fight for you every step of the way.
During the trial, your lawyer might argue that some evidence shouldn’t be allowed. Maybe the police didn’t have a good reason to stop your car in the first place. Or maybe the blood test results aren’t reliable. Your Texa criminal defense lawyer will explain to the judge why this evidence should be kept out of the trial.
Your lawyer will also get to question the police officers who arrested you. This is called cross-examination. Your lawyer might ask questions to show that the officer made mistakes or didn’t follow the right procedures. They might point out things the officer forgot or ways their story doesn’t make sense.
If there are other witnesses, your lawyer will question them, too. They’ll try to show why these witnesses might be mistaken or why their stories don’t prove you’re guilty. Your lawyer might also call witnesses to help support your side of the story.
Throughout the trial, your lawyer will object if the prosecutor does something not allowed by the rules. They’ll also make arguments to the judge about how the law should be applied in your case.
If you’re found not guilty, that’s the end of the case. But if you’re found guilty, there’s still more to do. The next step is sentencing, where the judge decides your punishment.
For sentencing, there are guidelines that judges often use. These are called sentencing guidelines. They suggest what kind of punishment might be right for different crimes. But judges don’t have to follow these exactly. That’s where your lawyer comes in again.
Your attorney will try to convince the judge to give you the lightest sentence possible. They might talk about good things you’ve done in your life or problems you’ve had that led to this mistake. They might suggest programs you can do instead of jail time, like alcohol treatment or community service.
Your defense lawyer might also point out ways your case differs from others and why you deserve a lighter sentence. They can bring in people to speak on your behalf, like family members or employers. All of this is to show the judge that you deserve another chance.
Even after sentencing, your lawyer’s job might not be done. Your lawyer might file an appeal if something wasn’t fair about your trial or sentence. This is asking a higher court to look at your case and see if mistakes were made.
Throughout this process, your Texas criminal defense lawyer is your guide and protector. They ensure you understand what’s happening and ensure your rights are respected. They use their knowledge of the law and the rules of criminal procedure to give you the best chance at a good outcome.
Going to court for a DWI or DUI charge is serious business. It can be confusing and scary if you’re trying to handle it alone. But with a good lawyer by your side, you have someone fighting for you every step of the way. They’ll work hard to get the best result possible for you, whether that’s getting the charges dropped, winning at trial, or getting a lighter sentence.
Remember, the legal system is complicated, and the consequences of a DWI or DUI can be serious. That’s why it’s so important to have a skilled Texas criminal defense lawyer on your side. They’re your best chance at navigating this tough situation and achieving the best possible result.
Getting Help from a Texas DWI or DUI Lawyer
Facing DWI or DUI charges can be scary. But you don’t have to go through it alone. An Austin, Texas criminal defense lawyer can guide you through the whole process. They can explain everything in a way that’s easy to understand. They’ll fight to protect your rights and get the best outcome possible.
If you or someone you know is dealing with DWI or DUI charges, don’t wait. Contact a lawyer right away. The sooner you get help, the better your chances of a good outcome. A skilled lawyer can make a big difference in your case and your future.
