If you’ve been pulled over in Austin and are facing charges for a DWI or DUI, understanding the difference between the two can feel confusing and overwhelming. Many people use the terms interchangeably, but under Texas law, they refer to different offenses—with different legal implications. Knowing the difference could impact your case, your future, and your freedom. Let’s break down the key distinctions and explain why working with a skilled attorney, like the team at Cofer & Connelly Law Group in Austin, can make all the difference in the outcome of your case.
What Is the Difference Between a DWI and a DUI in Texas?
Texas law treats Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) as separate offenses, even though both involve operating a vehicle after consuming alcohol or drugs.
- DWI (Driving While Intoxicated)
In Texas, a DWI is typically charged under Texas Penal Code § 49.04 and applies to adults (21 and older) who operate a motor vehicle in a public place while:- Having a blood alcohol concentration (BAC) of 0.08% or higher, or
- Lacking the normal use of mental or physical faculties due to alcohol, drugs, or a combination of both.
A DWI is a Class B misdemeanor at minimum, but penalties can escalate quickly depending on your BAC level, prior offenses, or if a child was in the vehicle. A conviction can lead to jail time, hefty fines, and a suspended driver’s license.
- DUI (Driving Under the Influence)
Unlike many other states, Texas reserves the DUI charge mostly for drivers under 21 years old. According to Texas Alcoholic Beverage Code § 106.041, anyone under 21 who operates a vehicle with any detectable amount of alcohol in their system can be charged with a DUI—even if their BAC is below 0.08%.
DUIs are generally Class C misdemeanors, which carry lighter penalties like fines, mandatory alcohol awareness classes, community service, and a possible license suspension. Still, a DUI can haunt your record and impact college, scholarships, and job prospects.
Why Does This Difference Matter?
The distinction between DWI and DUI in Texas isn’t just a technicality—it directly affects the penalties, court process, and your legal defense. If you’re charged incorrectly or unfairly, your attorney may be able to challenge the case based on those specifics.
Why You Should Hire an Experienced Austin DWI/DUI Attorney
Navigating a DWI or DUI charge is not something you should do alone. The law is complex, and the consequences are serious. That’s where the dwi attorney austin team comes in.
Here’s why their team stands out:
- Proven Results: With thousands of criminal cases handled—including many DWI and DUI charges—Cofer & Connelly have a strong track record of reducing or dismissing charges for clients across Travis County and Central Texas.
- Personalized Strategy: They don’t believe in a one-size-fits-all approach. Every case is different, and they dig deep into the details to craft a smart, aggressive defense tailored to your situation.
- Former Prosecutors on Your Side: Understanding how the other side thinks gives their team a serious edge in the courtroom.
- Respected in Austin Courts: They’re known and respected by judges and prosecutors alike, which often leads to better outcomes in negotiations and trials.
Whether you’re a college student facing a DUI or an adult charged with a DWI after a night out on Sixth Street, the right legal team can protect your rights and your future.
Don’t Leave Your Future to Chance
A DWI or DUI charge in Austin is serious, but it doesn’t have to define your life. Understanding the difference between the two offenses is a critical first step, and hiring a trusted, experienced legal team can be the turning point.
If you or someone you love is facing charges, contact the Cofer & Connelly Law Group today for a confidential consultation. Their experience, dedication, and local knowledge can help you move forward with confidence.
Need Help Now?
Call Cofer & Connelly at (512) 991-0576 or visit www.coferconnelly.com to schedule your consultation.