Most other states only have a DUI instead of a DWI. A DUI in Texas is only used to charge intoxicated minors. DWI is used mostly in the state of Texas and it stands for driving while intoxicated. In Texas, intoxication means:
“A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) having an alcohol concentration of 0.08 or more.”
Blood alcohol concentration means different things depending on the type of test used. For breathalyzer tests, blood alcohol concentration means the number of grams of alcohol per 210 liters of breath, while for blood tests it is alcohol per 100 milliliters of blood. For urine tests, it is alcohol per 67 milliliters of urine.
What Does DWI Mean In Texas?
Driving while intoxicated means operating a motor vehicle in a public place when your mental and physical faculties are impaired. A motor vehicle can be a boat, a plane, or an automobile. To prove that you are impaired, the arresting officer will ask you to take a breathalyzer or blood test. If the test shows that you have a BAC over 0.08, you will be taken to court.
What Are Punishments For DWI Conviction
The following are some DWI punishments and penalties:
- First DWI offense: Since it’s considered a Class B misdemeanor, you face up to $2,000 in fines, three to 180 days in county jail, and up to a year of license suspension. You get the same penalty for a first offense of boating while intoxicated (BWI)
- Second DWI offense: It is a Class A misdemeanor that results in up to $4,000 in fines, 30 days to 1 year in county jail, and license suspension can last for 180 days to 2 years. This also applies to a second BWI.
- Third DWI offense: This is a felony that can lead to up to $10,000 in fines, two to 10 years in prison, and 180 days to 2 years of license suspension. This also applies to a third BWI offense.
- DWI with a BAC of 0.15 or greater: This is a class A misdemeanor. You can get fined up to $4,000, spend three days to one year in county jail, and get a 90-day to 1-year license suspension.
- First DWI with open container enhancement: Since it’s a Class B misdemeanor, you face up to $2,000 in fines and between 6 to 180 days in jail. Your license may be suspended for 90 days to one year.
- DWI with a child passenger: Driving while intoxicated with a child passenger can lead to fines of up to $10,000 and jail time of between 180 days to 2 years.
There are several other enhancements for DWI charges that can lead to more serious penalties even if its your first DWI offense. In most DWI cases, it is up to the state to prove beyond any reasonable doubt that you were operating a vehicle while intoxicated.