DUI vs. DWI in Texas: What You Need to Know After an Arrest

In Texas, there is no DUI charge for adults — the offense is DWI (Driving While Intoxicated) under Texas Penal Code §49.04. DUI (Driving Under the Influence) applies only to minors under 21 in Texas, under Texas Penal Code §49.04(b). If you were pulled over in Austin, Travis County, or anywhere in Texas as an adult, you are facing a DWI charge — not a DUI. Understanding this distinction is the first step in building your defense.

What Is DWI in Texas?

Under Texas Penal Code §49.04, a person commits Driving While Intoxicated (DWI) when they operate a motor vehicle in a public place while intoxicated. Texas law defines “intoxicated” in two ways:

• Per se intoxication: A blood alcohol concentration (BAC) of 0.08 or more at the time of driving
• Impairment standard: Not having the normal use of mental or physical faculties due to alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance

This means you can be charged with DWI in Texas even if your BAC is below 0.08, if the officer concludes that your faculties are impaired. The officer’s observations — weaving, odor of alcohol, performance on field sobriety tests — become critical evidence.

Under Transportation Code §724.040, Texas operates under implied consent laws: if you are lawfully arrested for DWI, you are legally required to submit to a breath or blood test. Refusal can result in automatic license suspension through the Administrative License Revocation (ALR) process.

DWI penalties in Texas by offense level:

Offense	Classification	Jail Time	Fine	License Suspension
1st DWI	Class B Misdemeanor	72 hours – 180 days	Up to $2,000	90 days – 1 year
1st DWI with BAC ≥ .15	Class A Misdemeanor	Up to 1 year	Up to $4,000	90 days – 1 year
2nd DWI	Class A Misdemeanor	30 days – 1 year	Up to $4,000	180 days – 2 years
3rd DWI	3rd Degree Felony	2 – 10 years (TDC)	Up to $10,000	180 days – 2 years
DWI with Child Passenger	State Jail Felony	180 days – 2 years	Up to $10,000	180 days – 2 years

Beyond criminal penalties, Texas also imposes annual surcharges under the Driver Responsibility Program — up to $2,000 per year for three years after a DWI conviction. These surcharges are separate from fines paid to the court.

What Is DUI in Texas?

In Texas, DUI (Driving Under the Influence) is a minor-only offense under Texas Penal Code §49.04(b). It applies to drivers under 21 years old who operate a motor vehicle in a public place with any detectable amount of alcohol in their system — even if their BAC is below 0.08.

Texas has a zero-tolerance policy for underage drinking and driving. A minor does not need to be impaired or above the legal adult limit to be charged with DUI. The presence of any alcohol at all is sufficient. DUI for a minor is a Class C misdemeanor for a first offense, carrying fines and mandatory alcohol awareness education, but not jail time.

If you are the parent of a minor who has been charged with DUI in Texas, it is still important to consult a defense attorney. A DUI on a minor’s record can affect college admissions, scholarships, employment, and future professional licensing.

Why Google Shows “DUI Lawyer” Results for Texas DWI

Most people outside of Texas — and many Texans — use “DUI” as the catch-all term for drunk driving. This is perfectly understandable: 49 of 50 states use DUI or a similar term, and the popular culture uses DUI everywhere. But in Texas, the legal term is DWI. When you search for a “DUI lawyer in Austin” or “DUI attorney Travis County,” you are searching for what Texas law calls a DWI defense attorney.

The attorney you hire should know Texas DWI law specifically — not generic DUI law from another state. Texas has unique procedures: the 15-day ALR clock, the implied consent rules under Transportation Code §724, and Travis County’s specific prosecutors and judges. Local experience matters.

If you were arrested in Austin or Travis County and you are searching for a DUI lawyer, you have found the right place. Call (512) 599-9000 for a free consultation.

The ALR Process — Your License Is at Stake in 15 Days

One of the most time-sensitive parts of a Texas DWI arrest is the Administrative License Revocation (ALR) process. If you were arrested for DWI and either refused a breath or blood test, or provided a sample above the legal limit, the Texas Department of Public Safety will move to suspend your driver’s license.

You have only 15 days from the date of your arrest to request an ALR hearing. If you miss this window, your license is automatically suspended — there is no appeal and no second chance. The suspension period varies based on whether you refused the test or failed it.

An experienced DWI attorney can request your ALR hearing and fight to keep your license. The ALR hearing also creates an opportunity to cross-examine the arresting officer under oath before the criminal case proceeds — testimony that can be used in your defense later. Learn more about ALR hearings in Texas.

Why Hire a Former Law Enforcement Officer as Your DWI Defense Attorney?

Stephen T. Bowling is not only a Texas DWI defense attorney — he is a former law enforcement officer. That background gives him a perspective that most defense attorneys simply do not have.

He knows how DWI stops are conducted from the officer’s side of the car. He knows the standardized field sobriety tests — the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand — because he administered them. He knows what the National Highway Traffic Safety Administration (NHTSA) requires officers to do, and he knows when they didn’t do it right.

He knows what the Travis County District Attorney’s office looks for in a DWI case, what makes a case stronger or weaker for the prosecution, and what evidence gaps can lead to a dismissal or acquittal. That insider knowledge is the foundation of every defense he builds.

If you were arrested for DWI in Austin, Travis County, or anywhere in Central Texas, call (512) 599-9000 for a free consultation. Time matters — especially with the 15-day ALR clock running.

Frequently Asked Questions About DUI vs. DWI in Texas

Is DUI the same as DWI in Texas?

No. In Texas, DWI (Driving While Intoxicated) is the adult offense under Texas Penal Code §49.04, and DUI (Driving Under the Influence) is the minor offense under §49.04(b). Most adults arrested in Austin or Travis County face DWI, not DUI. The terms are often used interchangeably in common speech, but they are legally distinct charges in Texas with different elements and penalties.

Can a DWI be dismissed in Texas?

Yes, a DWI can be dismissed in Texas under the right circumstances. Common grounds for dismissal include an improper or unlawful traffic stop, faulty breathalyzer calibration or maintenance records, failure by the officer to follow NHTSA protocols for field sobriety tests, violations of your constitutional rights during the stop or arrest, or problems with blood test chain of custody. An experienced DWI attorney will review the evidence in your case to identify every available ground for dismissal or reduction.

How long does a DWI stay on your record in Texas?

A DWI conviction stays on your Texas criminal record permanently. Texas does not allow expunction of DWI convictions, and deferred adjudication is generally not available for most DWI cases under Chapter 49 of the Penal Code. If your case is dismissed or you are acquitted at trial, expunction may be available. The best way to protect your record is to fight the charge — not plead guilty hoping it will disappear.

What happens at my first DWI court date in Austin?

Your first court date in Austin is typically an arraignment before a Travis County judge. You will enter a formal plea — your attorney will usually enter “not guilty” at this stage to preserve all defenses. Your attorney will also begin the discovery process, requesting police reports, dashcam and bodycam footage, breath or blood test records, the arresting officer’s training history, and any other evidence the prosecution has. This is the beginning of your defense strategy, not the end of the case.

How much does a DWI lawyer cost in Austin?

DWI attorney fees in Austin typically range from $3,000 to $10,000 or more for a misdemeanor case, with felony DWI cases potentially higher depending on complexity and trial requirements. The cost depends on whether the case resolves with a plea, goes to a jury trial, involves enhanced allegations, or requires expert witnesses. We offer free initial consultations and can discuss payment arrangements. Call (512) 599-9000 to talk through your case and your options.

Related: Austin DWI Defense | ALR Hearing — Protect Your License | Contact Us