The Difference Between a Houston DUI and DWI

There is a difference between DUI and DWI if you are arrested for drunk driving in the State of Houston. If you take a breath test and your blood alcohol concentration (BAC) is.08, you’ll be arrested for a Houston DUI (Driving Under the Influence). If your BAC is.07, you will be charged for a DWI (Driving While Impaired).

First DUI Offense

Your first DUI consequences include up to one year in jail and up to $1,000 in fines. But if you were transporting a minor at the time of your arrest, the jail sentence can extend for up to two years, and you can face up to $2,000 in fines. In either event, you can have your driver’s license suspended for a minimum of six months. In this case, you should consider hiring a reliable houston dwi defense attorney to assist you in the court.

Second DUI Offense

If this is your second DUI in Houston, you can be sentenced for up to two years in jail and be fined up to $2,000. However, if you had a minor in your vehicle, the jail sentence can increase to up to three years, and the fines can grow to up to $3,000. If the second offense occurs within five years of your first offense, your license can be suspended for one year; however, it’s possible you could participate in an ignition interlock program after 45 days of your suspension.

A third and any future Houston DUI can bring a jail sentence of up to three years and fines of up to $3,000. But if you were transporting a minor in your vehicle, the jail sentence can increase to up to four years, and the fines can grow to up to $4,000. Either instance will suspend your license for a minimum of 18 months.

Punishments

The punishments are different for DUI vs. DWI; a DWI penalty is less severe. Your first DWI can bring up to two months in jail and a fine of up to $500. But if a minor was in your vehicle, the jail sentence can increase to up to six months, and the penalties can rise to $1,000. Either event brings a possible six-month suspension of your license.

A second DWI can bring up to one year in jail, a fine of up to $500, and your license can be suspended for a minimum of one year. If you were transporting a minor, however, the fine can increase to up to $2,000.

Other Houston laws include a zero-tolerance for drunk drivers under the age of 21. If you are under 21 and have a BAC of.02 or above, your license could be suspended or revoked. Also, Houston has an implied consent law. This means that, if you drive in the State, you agree to submit to a blood, breath, or urine chemical test if a law enforcement officer believes you are impaired by alcohol or drugs. If you refuse to take any of these tests, your driver’s license could be suspended for 120 days for your first refusal; a second refusal automatically suspends your license for one year.