People move to Houston from states that call it DUI and are confused when the paperwork says DWI. The confusion goes deeper than a name: Texas has both, and they are different crimes. Brian Foley explains in this video.
DWI — Driving While Intoxicated
Penal Code § 49.04. Operating a motor vehicle in a public place while intoxicated — loss of the normal use of mental or physical faculties, or 0.08 or more. Applies to any driver. A first offense is a Class B misdemeanor (72 hours to 180 days in jail, up to $2,000, plus the $3,000 state fine at conviction); enhanced to Class A at 0.15; second offense Class A; third a felony. See our Houston DWI attorney page.
DUI — Driving Under the Influence by a Minor
Alcoholic Beverage Code § 106.041. A person under 21 operating a motor vehicle in a public place with any detectable amount of alcohol in their system. No intoxication required — a single drink is enough. A first offense is a Class C misdemeanor (fine up to $500, 20–40 hours of community service, an alcohol-awareness class) with a 60-day license suspension. Second and third offenses increase the fine and suspension, and a minor 17 or older with priors can face jail. Refusing a breath test as a minor triggers a separate 180-day suspension.
Why minors can get either
A 19-year-old who blows a 0.03 gets DUI. A 19-year-old who blows a 0.09, or who fails the sobriety tests, gets DWI — with the same Class B penalties as an adult. Officers decide at the scene, and the charge is frequently negotiable afterward.
Defending each
DUI cases turn on the stop and the breath device; a Class C is also the easiest charge to resolve with deferred disposition and a later expunction. DWI cases involve the full range of stop, sobriety-test, and chemical-test defenses. Both trigger license consequences with short deadlines.
Call or text (713) 703-1718 for a free consultation — former Vehicular Crimes prosecutors Brian Foley and Luis Baez handle both.