If you’ve ever wondered whether there’s a difference between a DWI and a DUI, you’re not alone. Many people use the terms as if they mean the same thing. But in Texas, the two have distinct legal definitions—and understanding that difference could have a serious impact on your case and your future.
At the Law Office of Robert M. Maurer II & Associates, we’ve spent over 30 years defending the rights of people across South Texas. We know how confusing these charges can be, and we’re here to help clear up the confusion. Our criminal defense team, which includes Spanish-speaking professionals, is available 24/7 and committed to protecting Texans through every step of the process.
This blog breaks down what separates a DWI from a DUI, who they apply to, the penalties involved, and how past offenses can change your case.
DWI vs. DUI: What’s the Legal Difference?
Driving While Intoxicated (DWI):
In Texas, a DWI typically applies to adults who are operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. It can also be charged if the driver is impaired due to alcohol or drugs—even if their BAC is below the legal limit.
Driving Under the Influence (DUI):
DUI charges are generally reserved for minors—anyone under the age of 21—who are found to have any detectable amount of alcohol in their system, even if it’s far below the 0.08% threshold. Texas has a zero-tolerance policy for underage drinking and driving.
Penalties: What You Could Be Facing
Whether someone is charged with DWI or DUI, the consequences can be serious:
For DWI (first offense):
- Up to 180 days in jail
- Fines up to $2,000
- License suspension (90 days to 1 year)
- Mandatory education programs
For DUI (minor, first offense):
- Up to $500 in fines
- 60-day license suspension
- Community service
- Alcohol awareness classes
How Prior Offenses Raise the Stakes
A second or third charge—whether DWI or DUI—can result in heavier penalties, including longer jail sentences, larger fines, and longer license suspensions. Prior convictions also make it more likely the court will treat the new offense more severely.
Additionally, if an adult is charged with DWI and had a child passenger in the vehicle, the charge could escalate to a felony, regardless of whether it’s a first-time offense.
How This Affects You or Your Loved Ones
Have you or someone close to you been charged with drunk or drug-impaired driving? Are you unsure if you’re facing DWI or DUI charges—or what that even means? You’re not alone. It’s not just the charge itself that matters, but how the state chooses to prosecute it. Understanding the specific charge is the first step in building a strong defense.
That’s where we come in. At the Law Office of Robert M. Maurer II & Associates, we treat every client like family. We’ve been representing people in San Antonio and surrounding South Texas counties for decades, and we don’t back down from difficult cases. Robert Maurer has deep roots in this region and longstanding connections that can make a real difference when it matters most. Whether you’re seeking a DWI lawyer in San Antonio or need help defending a DUI charge, we’re ready to help—day or night.
Call now at (210) 222-8284 to speak directly with a criminal defense lawyer in San Antonio, TX who understands what’s at stake and has the experience to act fast. We offer 24-hour consultations and personalized attention every step of the way.
