What is the Difference Between DUI and DWI in Texas?
While these terms are often used interchangeably, the State of Texas recognizes a distinction between the two.
A DWI stands for “driving while intoxicated” and occurs when a vehicle is in public operation. The driver’s mental or physical faculties have been impaired due to alcohol, controlled substances, or other drugs. A DWI is typically reserved for adult drivers, though minors may be charged with a DWI under certain circumstances.
A DUI stands for “driving under the influence” and is reserved for minors with any amount of alcohol found in the body. This is different from a DWI because a person under 21 cannot legally consume alcohol, regardless of whether they are driving or not.
For the purpose of this blog, we will refer to a DUI as an adult charge because this is the more commonly known moniker.
What are the Penalties for a DUI in Texas?
The penalties associated with a DUI charge heavily depend on the number of prior convictions and the surrounding circumstances.
DUI penalties may include:
- First offense: A fine of up to $2,000, up to 180 days in jail, driver’s license suspension for one year, and a state fine of $3,000
- Second offense: A fine of up to $4,000, up to one year in jail, driver’s license suspension for two years, and a state fine of $4,500
- Third offense: A fine of up to $10,000, up to ten years in prison, driver’s license suspension for two years, and a state fine of $6,000
What is a DUI With a Child Passenger?
Driving while intoxicated with a child in the vehicle is formally called a DUI with a Child Passenger. It occurs when an intoxicated driver operates a vehicle with any minor passengers under the age of 15.
According to state law, there are two definitions for intoxication:
- Having impaired mental or physical abilities due to alcohol, drug, or other substance use
- Having a breath or blood alcohol concentration, also known as BAC, of 0.08% or more
Intoxication based on BAC is typically referred to as a “per se” DUI offense because an elevated BAC level is sufficient evidence of intoxication, regardless of other symptoms observed by police.
What are the Penalties of a DUI With a Child Passenger?
A DUI with a child passenger is considered a state jail felony in the state of Texas and can result in up to two years in state jail, a fine of up to $10,000, and a driver’s license suspension of up to 180 days. The driver will have only 15 days to petition for an Administrative License Revocation hearing to contest a license suspension.
Many states, including Texas, have an implied consent law that establishes inherent consent among all drivers to submit a BAC by driver’s licensure through the state. While drivers may still refuse to submit to testing, this action will result in swift administrative penalties, including license suspension of up to two years.
Additional penalties for DUI with a child passenger include:
- DUI classes
- Up to 1,000 hours of community service
- Installation of an ignition interlock device on the vehicle
- An annual three-year surcharge fee of up to $2,000 to retain a driver’s license
Other collateral consequences of this charge include but are not limited to:
- Loss of voting privileges
- Barred from receiving certain government assistance
- Loss of the right to possess or own a firearm
- Loss of child visitation or custody rights
- Difficulty obtaining or retaining employment in certain fields
Is a DUI With a Passenger Considered Child Endangerment?
A driver may also face an additional child endangerment charge if the individual knowingly, intentionally, recklessly, or with criminal intent engages in behavior that places a minor under the age of 15 in danger of death, bodily injury, or physical or mental impairment.
If a parent is convicted of a DUI with a child passenger and the Department of Family Services becomes involved, the child could be removed from their custody. An investigation through Family Services is separate from criminal proceedings.
Additionally, a child endangerment charge is tried separately from a DUI charge, and the driver may only be charged with one or both crimes. While both charges have the possibility of jail time, the driver may be sentenced to jail for one or both charges.
The amount of jail time will depend on several factors, such as:
- Prior felony convictions
- Prior DUI convictions
- Injuries to the child if an accident occurred
- Whether the driver was responsible for serious bodily harm to passengers in the vehicle or other vehicles
- Death to a passenger or pedestrian
When a child passenger is injured in these accidents, state law supports that the driver may also face additional charges of intoxication assault with serious bodily injury, which is yet another separate charge. Prior felony convictions may also result in enhancements for the driver as a habitual criminal offender during sentencing.
What are the Possible Defenses of DUI With a Child in the Vehicle?
An attorney at Edgett Law Firm can assist in determining the best defense for a case, depending on the circumstances and evidence present.
Some possible defenses may include challenging:
- The traffic stop
- Constitutional violations
- Probable cause for an arrest
- Chemical test results
- Field sobriety tests
Do You Need an Attorney?
If you have been accused of a DUI with a child passenger, you must speak with an attorney as soon as possible. Edgett Law Firm is ready to fight for your freedom. Call today at 972-424-0760 or fill out a contact form to schedule your free consultation.