To understand what a DUI is in Texas, we have to first talk about the difference between a DWI and a DUI.

DWI vs. DUI

Driving While Intoxicated (“DWI”) is a criminal offense in Texas.

A DWI charge is usually brought against a person 21 years old or over who was arrested for driving with a blood alcohol concentration of .08 or higher, or who met the statutory definition of “intoxicated”.

Minors & Drunk Driving

Conversely, a charge of  Driving Under the Influence (“DUI”) in Texas is a charge reserved exclusively for minors, i.e. a person under 21 years old.

A DUI is a far less severe charge. It is not a criminal offense charged under the Texas Penal Code. Instead, it is brought under the Texas Traffic Code.

Purpose of DUI

While there are a variety of reasons for the two different charges, the main reason relates to age.

Remember, a Texan 21 years old or older who is pulled over, blows a .02, and does meet the legal definition of intoxicated has likely not broken the law.

It is not illegal for an adult Texan to consume a minute amount of alcohol and operate a motor vehicle.

However, minor Texans under 21 years old cannot consume ANY alcohol.

So even if a minor blows under a .08 and is not legally intoxicated, he or she has still broken the law by consuming alcohol.

DUI Penalties

To put it plainly, a DUI is a traffic charge in Texas used to punish minors operating motor vehicles with ANY alcohol in their system.

DUI penalties are significantly less harsh than DWI penalties.

For a first time charge, a DUI offender typically offender faces 40 hours of of community service, a fine up to $500, and potential driver’s license suspension for 60 days.

It is vital to remember that it’s illegal for minors in Texas to consume any alcohol.

If a minor is pulled over and arrested for a DUI, it is irrelevant that he or she blew under a .08 or did not appear intoxicated.

Can a minor be charged with DWI?

Yes, minors can also certainly be charged with a DWI.

Only minors are charged with DUI’s; however, this does not mean a minor can’t be charged with a DWI.

If a minor has consumed enough alcohol to appear intoxicated or blow .08 or over, the State can elect to charge the minor with a more severe DWI instead of a DUI.

While a minor may be charged with a DUI if he or she blows, say, a .01, the State may elect to pursue a DWI charge if the minor blew a .10.