Attorney Brian White Personal Injury Lawyers | August 4, 2025 | Car Accidents
Texas takes drunk driving very seriously, and drunk driving charges can have some sobering consequences. Many people use the terms DUI and DWI interchangeably, but there are some distinct differences between the two. You might also hear the term DWAI in reference to drunk driving charges.
Dive into all the details below to learn more about the differences between these charges as well as the potential penalties for each.
What Is a DWI?
DWI stands for Driving While Intoxicated. Texas law defines driving while intoxicated as “operating a motor vehicle in a public place” while the driver is intoxicated. The law goes on to define more specific parameters for intoxication.
Intoxication, under the law, means that a person does not have the normal use of their mental or physical abilities because of alcohol, drugs, or other substances. It can also mean having a blood alcohol content of 0.08 or higher.
What Is a DUI?
A DUI means that the accused was “driving under the influence” and is typically applied to minors. This charge also deals with drunk driving, but a DUI may be charged when there is any amount of a substance in the body, causing impairment. This charge can be brought even when a person’s blood alcohol content is below 0.08.
Additionally, a DUI often applies in the case of underage drivers who have been drinking. Since no one under 21 may legally have any alcohol in their system, any detectable amount of alcohol is enough for a DUI charge for a driver under 21.
What Is a DWAI?
DWAI is another term frequently used in drunk driving cases. DWAI stands for Driving While Ability Impaired. In some states, a DWAI is a separate and distinct charge that may apply in some cases. However, DWAI is not a valid charge under Texas law.
Texas Penalties for DUI and DWI Charges
The penalties associated with DUI and DWI charges in Texas are quite serious. In addition to fines and potential jail time, there are many other consequences that may result from these charges.
DWI Penalties
A DWI conviction carries serious penalties. A DWI is a Class B misdemeanor, although that gets bumped up to a Class A misdemeanor if your blood alcohol content is 0.15 or more. The penalties for this violation include:
- Mandatory jail time of at least 72 hours
- License suspension
- Fines
- Community service
- Substance abuse programs
If someone is injured or killed due to your drunk driving, your charges are elevated to a serious felony. A felony conviction can carry very harsh penalties, including years in jail and fines of up to $10,000.
DUI Penalties
A DUI in Texas is considered a Class C misdemeanor. While not as severe as a DWI, a conviction for DUI may still result in:
- License suspension
- Fines of up to $500
- Mandatory alcohol awareness classes
- Community service
Even a first offense for DUI in Texas carries some harsh penalties, and these penalties only increase if there are aggravating circumstances.
Collateral Consequences
In addition to these penalties, a DUI or DWI conviction can also affect you in other ways. Some other consequences of a conviction — particularly a felony conviction — are:
- Loss of your right to vote
- Loss of your right to own a firearm
- Loss of professional licenses
- Difficulty finding a job
- Child custody problems
- Problems finding housing
- Credit problems or difficulty obtaining a loan
Since drunk driving carries serious penalties and could cause a serious car accident with injuries, you should never get behind the wheel after you have been drinking.
Damages Available to Drunk Driving Accident Victims
If you are driving under the influence and cause an accident, you may be responsible for all the victim’s damages. Accident victims are entitled to recover both economic and non-economic damages from the at-fault party. Economic damages compensate victims for their financial losses.
Economic damages in a drunk driving accident can easily rise into the tens of thousands of dollars. Some common examples present after a drunk driving accident include:
- Medical bills
- Lost wages
- Property damage
- Diminished earning capacity
- Out-of-pocket expenses
- Funeral and burial expenses (in wrongful death claims)
Non-economic damages are used to compensate victims for their physical and psychological trauma. While the value of these damages is very subjective, they are often worth substantially more than the economic losses in the case.
Some non-economic losses suffered by drunk driving accident victims are:
- Emotional distress
- Pain and suffering
- Diminished quality of life
- Loss of enjoyment of life
- Loss of companionship
- Permanent scarring or disfigurement
- Anxiety
- Depression
- PTSD
Even if you have liability insurance, it might not be enough to cover all the victim’s damages after a serious accident. This is just another reason you should never get behind the wheel if you have been drinking.
Additionally, if you have been involved in an accident with a drunk driver, you should always get help from an experienced personal injury lawyer right away.
Can I Be Charged With a DWI if I’m Not Driving?
This may seem like an odd question, but the answer is technically yes. You do not actually have to be driving the vehicle to be arrested for DWI. Remember that the statute in Texas defining a DWI states that the offense occurs when an intoxicated person is “operating” a vehicle.
Operating a vehicle could include situations in which you are behind the wheel but not actually driving. For instance, imagine that you are intoxicated and get behind the wheel of your car. You start the engine but never take the vehicle out of park.
You could still be charged with a DWI in that situation if your blood alcohol content is 0.08 or greater.
Common Defenses to DWI or DUI Charges
Just because you have been charged with a DWI does not always mean that you will be convicted. Some common defenses to drunk driving charges include:
- Improper arrest or no probable cause
- Inaccurate breath tests
- Invalid field sobriety tests
- Problems with the initial traffic stop
An experienced DUI lawyer can evaluate your case and help you put together a defense that applies to your situation.
Contact a Houston Car Accident Lawyer to Help You With Your Claim
In Texas, DUI, DWI, and DWAI carry different meanings and consequences. While DWI is most common, DUI often applies to underage drivers, and DWAI isn’t recognized in the state. These charges can lead to serious legal, financial, and personal consequences.
Whether you’re facing charges or were injured by a drunk driver, consulting an experienced attorney can help you protect your rights and navigate the legal process effectively.
For more information, contact the Houston personal injury law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 500-5000.
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