DUI vs. DWI vs. DWAI: What’s the Difference?
When someone is pulled over for suspected drunk driving, they may hear a few different terms: DUI, DWI, and DWAI. While these acronyms all refer to driving under the influence, the specific meaning can vary depending on the state.
Understanding the differences is crucial, especially when dealing with legal issues. This blog post explains the common distinctions and provides a general overview of what these terms mean, with a focus on Texas law.
Understanding the Terminology
The acronyms DUI, DWI, and DWAI stand for:
- DUI: Driving under the influence
- DWI: Driving while intoxicated
- DWAI: Driving while ability impaired
Historically, different states used these terms to distinguish between levels of impairment. For instance, a DWI might refer to a driver with a blood alcohol concentration (BAC) at or above the legal limit (usually 0.08%), while a DUI or DWAI might be used for drivers who are impaired but have a BAC below the legal limit.
However, many states, including Texas, have simplified their laws and now use just one or two terms to cover all types of impaired driving.
In Texas, the primary term used is DWI, or driving while intoxicated. This charge can be applied to a driver who is legally intoxicated, which is defined as not having the normal use of mental or physical faculties because of alcohol or other drugs. This includes having a BAC of 0.08% or higher.
The law doesn’t just focus on alcohol; it also includes intoxication from drugs, including illegal substances and prescription medication that may impair a driver’s ability to operate a vehicle safely.
Texas Law: Driving While Intoxicated (DWI)
In Texas, the term DWI covers all forms of intoxicated driving for adults. There is no separate charge for DUI or DWAI.
A person is considered legally intoxicated if:
- They have a BAC of 0.08% or higher, or
- They have lost the “normal use of mental or physical faculties” because of alcohol, drugs, or a combination of both.
This second point is important because it means a person can still be charged with a DWI even if their BAC is below 0.08% if a police officer can prove they were impaired. This proof can come from field sobriety tests, like walking in a straight line or standing on one leg, which an impaired person may fail.
For drivers under the age of 21, Texas has a “zero tolerance” policy. It is illegal for a minor to operate a motor vehicle with any detectable amount of alcohol in their system. The charge for this is called driving under the influence (DUI) of alcohol by a minor. So, in Texas, the terms DUI and DWI are used for different age groups: DUI for minors and DWI for adults.
Penalties and Consequences of DWI in Texas
A DWI conviction in Texas can lead to serious consequences that affect a person’s life for years. The penalties get more severe with each additional offense.
For a first-time DWI offense, a person could face:
- Fines
- Jail time
- License suspension
- Annual fees to keep a driver’s license
- Additional requirements, like community service, an ignition interlock device (a breathalyzer connected to the car’s ignition), and an educational program
The penalties increase significantly for a second or third offense. A second DWI offense is a misdemeanor, but a third offense is a felony, which can result in at least several years in prison. The long-term effects of a DWI conviction can also include higher insurance rates, difficulty finding a job, and a permanent criminal record.
A DWI charge can also have civil consequences. If the impaired driver causes a car accident, they may be held responsible for the damages, including medical bills, lost wages, and pain and suffering of the injured party. This is a separate legal process from the criminal charges.
What to Do if You’re Involved in a Car Accident with an Intoxicated Driver
Being in an accident with an intoxicated driver can be a frightening and traumatic experience. Your first priority should always be your safety and health.
Here are some steps to consider when you’ve just been in an accident:
- Seek medical attention immediately: Even if you feel fine, it’s important to be checked by a doctor. Some injuries, like whiplash or internal bleeding, may not show symptoms right away. A medical record from a doctor or hospital is also key evidence if you decide to pursue a legal claim.
- Report the accident to the police: It is important to call 911 immediately and report the accident. When the police arrive, they will create a report including key details, such as a sobriety or chemical test, to determine if the other driver was impaired. This official documentation is vital for any legal case.
- Gather evidence at the scene: If you can do so safely, take photos of the accident scene, including the vehicles and any visible injuries. Note the other driver’s information and any witnesses who saw the accident.
- Do not speak with insurance adjusters alone: The at-fault driver’s insurance company may contact you shortly after the accident. Be cautious. They may try to get you to make a statement that could hurt your claim. It is best to let a legal professional handle all communication with insurance companies.
The fact that the other driver was intoxicated can be a powerful factor in a personal injury case. In Texas, a jury may decide to award punitive damages in addition to regular damages. These damages are meant to punish the at-fault driver for their reckless behavior and discourage others from doing the same.
Contact The Dallas Car Accident Law Firm of Benton Accident & Injury Lawyers Today
If you or a loved one has been injured in an accident caused by an intoxicated driver, you have rights. The legal process can be complex, especially when dealing with insurance companies and potential criminal cases.
Contact the experienced Dallas car accident lawyers at Benton Accident & Injury Lawyers today for more information. We offer free consultations.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
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