What is the difference between DUI and DWI?
DUI is a Class C Misdemeanor in Texas that only applies to minors under 21. Minors are prohibited from operating a motor vehicle with any detectable alcohol in their system, making the legal limit for a DUI charge 0.0.
DWI is a Class B Misdemeanor in Texas (unless enhanced). It is legal for an adult to operate a motor vehicle with alcohol in their body, so long as their BAC is under 0.08 at the time of operation. The penalties for both DUI and DWI are severe and come with lifelong consequences.
- Can a minor be charged with DWI?In Texas, minors can be charged with DWI, but adults over the age of 21 can never be charged with DUI.
- What does Zero Tolerance mean in Texas?The Texas Zero Tolerance law makes it illegal for any minor to operate a motor vehicle with any detectable amount of alcohol in their system. For DUI, the legal limit is 0.0. Any detectable amount is too much and can result in citation or arrest.
- Can you beat a DUI or DWI charge in Texas?Yes. Every case has defenses. It is critical to do everything possible to protect your rights and preserve your future. You can’t win if you don’t fight!
WHAT IS THE PUNISHMENT FOR DUI IN TEXAS?
A DUI charge in Texas is a Class C Misdemeanor. A DUI conviction is permanent and results in a driver’s license suspension, a maximum fine of $500, court-ordered drug and alcohol awareness classes, and community service.
- Can you go to jail for a DUI in Texas?No. DUI is a Class C Misdemeanor, which is only punishable by fines and probation in Texas. However, a minor under 21 could face up to one year in county jail if charged as an adult, with DWI. Learn more.
WILL A DUI SHOW ON A BACKGROUND CHECK?
Texas DUI charges will show up on background checks forever.If convicted, a DUI can never be expunged or sealed through nondisclosure. A criminal record is a public record.
- How long does a DUI stay on your record in Texas?A DUI charge stays on a criminal record forever. However, many charges are eligible for removal through the process of expunction. A conviction for DUI is permanent and cannot be deleted or expunged.
- Will my college see my DUI?Colleges and universities, as well as financial aid programs, have access to all publicly available criminal records. If you are asked to report criminal conduct on a college-related application, it is best to first speak with an attorney.
- Can I get a job with a DUI?DUI convictions harm job opportunities and negatively impact career advancement. It’s critical to avoid a final conviction and protect your future at all costs.
WHAT’S WORSE DUI OR DWI IN TEXAS?
The penalties for DWI in Texas are more severe than DUI. However, DUI remains a very serious criminal misdemeanor, with both short-term and lifelong penalties.. It is critical to avoid a conviction at all cost.
- What is the punishment for DWI in Texas?DWI penalties include large fines, loss of driving privileges, travel restrictions, community supervision and drug testing, and even jail time or prison.
- Can you go to jail for a DWI in Texas?Yes, people are sentenced to jail every day in courtrooms across Texas for DWI. Even first-time DWI offenders face up to 1 year in county jail.
TREY PORTER NAMED BEST LAWYER IN CRIMINAL DEFENSE
Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.
Glowing Client Reviews
Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
I really appreciated all he did for me.
Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
He saved my career. Forever grateful!
Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.