Wondering if driving under the influence (DUI) or driving while intoxicated (DWI) are classified as felonies in Texas? Understanding the key differences between these offenses and the penalties you could face can help you navigate the legal process and better prepare for the potential consequences.
What is the Difference Between DUI and DWI?
In Texas, DUI and DWI refer to two separate offenses, though they both involve operating a vehicle while impaired. Here’s a quick breakdown:
- DUI (Driving Under the Influence): Refers to operating a vehicle under the age of 21 with any impairing agent in the bloodstream, such as alcohol or drugs, in violation of Texas’ legal drinking age. While typically considered a less severe charge than DWI, it can still result in significant legal consequences.
- DWI (Driving While Intoxicated): Refers to operating a vehicle with a blood alcohol concentration (BAC) of 0.08 or higher. It can also apply to drivers under the influence of drugs or other impairing substances. DWI is the more common charge for adults in Texas.
Is a DUI or DWI a Felony in Texas?
In Texas, both DUI and DWI can be either misdemeanor or felony offenses, depending on the circumstances surrounding the case.
DUI: Since DUI is often a charge for underage drivers, it is typically classified as a Class C misdemeanor unless there are aggravating factors, such as having an open container of alcohol in the vehicle (Texas Penal Code § 49.031) or prior convictions.
DWI: A first or second DWI that does not involve injury or death is generally a misdemeanor offense. However, there are four types of felony driving while intoxicated (DWI) offenses in Texas (Texas Penal Code § 49.04-09), including:
- Third or Subsequent DWI: A third DWI conviction is classified as a third-degree felony, which can result in substantial fines, license suspension, and prison time.
- DWI with a Child Passenger: If you’re arrested for DWI with a passenger under 15 years old in your vehicle, you may face a state jail felony.
- Intoxication Assault: If a DWI results in serious personal injury to another person, it is classified as a third-degree felony.
- Intoxication Manslaughter: If a DWI results in the death of another person, the charge is elevated to a second-degree felony, carrying severe penalties.
How Long Would You Go to Jail for Drunk Driving?
The length of jail time for a drunk driving conviction in Texas depends on the classification of the offense:
- First DWI offense: Can result in up to 180 days in jail.
- Second offense: Jail time may increase to 1 year.
- Third offense: A third DWI conviction can result in 2 to 10 years in prison.
- DWI with a Child Passenger (Under 15 Years Old): Up to 2 years in jail
Drunk Driving Penalties in Texas
Texas has strict impaired driving laws to prevent accidents and injuries. Penalties for drunk driving vary depending on whether it’s a DUI or DWI and whether it’s a first-time or repeat offense:
DWI Penalties (Age 21 and Older)
First Offense (DWI):
- Up to 180 days in jail
- A fine of up to $2,000
- Up to 1-year driver’s license suspension
- Mandatory alcohol education courses
Second Offense (DWI):
- 1 year in jail
- A fine of up to $4,000
- Up to 2-year driver’s license suspension
Third Offense (DWI):
- 2 to 10 years in prison
- A fine of up to $10,000
- Up to 2-year driver’s license suspension
Impaired Driving with a Child Passenger
- Up to 2 years in jail
- A fine of up to $10,000
- An additional 180-day driver’s license suspension
DUI Penalties (Under 21)
Under the state’s underage drinking laws, drivers under 21 are prohibited from operating a vehicle with any detectable amount of alcohol in their system.
First Offense (Under 21 DUI)
- A fine of up to $500
- 60-day driver’s license suspension
- 20 to 40 hours of community service
- Mandatory alcohol awareness classes
If an underage driver is 17 or older and has a blood alcohol concentration (BAC) of 0.08% or greater, they may face:
- A fine of up to $2,000
- Three to 180 days in jail
- A 90-day to 1-year driver’s license suspension
License Suspension & ALR Program
In Texas, license suspension can occur even without a conviction through the Administrative License Revocation (ALR) Program. Under ALR, a driver may lose their license if they:
- Refuse a breath or blood test.
- Have a BAC of 0.08% or higher in a non-commercial vehicle.
- Have a BAC of 0.04% or higher in a commercial vehicle.
These penalties apply separately from criminal DWI charges.
Can You Get a DUI on a Bike, Skateboard, or Scooter?
Texas law extends to various types of vehicles, and you may wonder whether it’s possible to get a DUI or DWI while riding a bike, skateboard, or scooter:
- Bicycle or Electric Bike (E-Bike): It is possible to get a DWI while riding an electric bike, as Texas law treats these vehicles similarly to motorized vehicles. Regular bicycles, however, may not fall under DUI or DWI laws, unless there are other circumstances, such as riding recklessly under the influence.
- E-Scooter: Yes, you can be charged with a DWI while riding an electric scooter in Texas. Since e-scooters have a motor and are often used on public roads, they can fall under DWI laws if the rider is intoxicated.
- Skateboard: No, you cannot be charged with a DWI while riding a skateboard in Texas. Skateboards are not classified as vehicles under Texas law, so DWI laws do not apply. However, riding a skateboard while intoxicated is still dangerous and could lead to other legal consequences, such as public intoxication or reckless endangerment
Injured by a Drunk Driver? We’re Here to Help
If you’ve been involved in an accident caused by a drunk driver, the situation can become more complex. Navigating the legal intricacies of DUI/DWI charges is not something you should handle alone. At Mokaram Injury Lawyers, our car accident lawyers have the experience to assist victims of drunk driving accidents and fight for the compensation they deserve. Let us help you understand your rights and secure the best possible outcome for your case.
