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Driving Under the Influence (DUI) in Texas
DUI and DWI -- Two Different Charges
Often when someone is charged with Driving While Intoxicated (DWI), he or she thinks the charge is Driving
Under the Influence (DUI). In many states, DUI and DWI are the same, but in Texas, they are two
different charges.
The differences between DUI and DWI greatly out number the similarities.
- DUI pertains solely to minors, individuals under the age of 21
- Alcohol must only be detected in your system -- BAC is of no consequence
- Arrest for DUI is at the officer's discretion
- DUI charges can coincide with a DWI charges -- if over the age of 17
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DUI Penalties
Similar to DWI, the penalties of a DUI conviction are dependent on the number of prior convictions.
| Prior
Conviction |
License
Suspension |
Jail/Probation |
Fine |
Community
Service |
| 0 |
60
days |
Probation |
$500 |
20-40
hours |
| 1 |
90
days |
Probation |
$500 |
20-40
hours |
| 2 |
180
days |
Possible
Jail |
$2,000 |
40-60
hours |
With a DUI charge, the Texas Department of Public Safety (DPS) initiates an Administrative License Revocation
(ALR) proceeding against you, and as in a DWI suspension, you have 15 days to request an ALR hearing.
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