DWI or DUI?:
A common question is, "Why did the officer charge me with DWI and not DUI?" An answer to this question must first begin with an explanation of the difference between a DWI and a DUI in Texas. A DUI (Driving Under the Influence) is a class C misdemeanor. The offense is found in Section 106.041 of the Texas Alcoholic Beverage Code. Essentially, DWI is reserved for minors who have any detectible amount of alcohol in their body. A DWI (Driving While Intoxicated) is a class B misdemeanor. The offense is found in section 49.04 of the Texas Penal Code. A person can be charged with DWI, regardless of age, if they a) have lost the normal use of their mental or physical faculties or b) have an alcohol concentration over the legal limit of 0.08. DWI or DUI?
DWI or DUI?:
Therefore, in Texas a person may be charge with DWI only if he/she is under 21 years of age and have a detectable amount of alcohol in his/her system. Essentially, if you are under 21 and the officer smells alcohol on your breath then you can be charged with DWI. However, the office has the OPTION to charge you with DUI regardless of your age. If the officer believes you have had too much to drink, you can be charged with DUI not matter your age. DWI or DUI?
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The difference between DWI and DUI often confuses most people because most states consider DWI to be the bigger drunk driving offense. For instance, in California DWI is the equivalent to DWI in Texas. Most news stations and TV shows refer to drunk driving as DUI, not DWI. In Texas, however, DWI is a minor intoxication offense and DUI in the major drunk driving offense.
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For more information about DWI and DUI, you can contact a certified and expert DWI El Paso Lawyer . You can also visit www.dwielpaso.com You can get your FREE DWI | DUI Guide eBook here.