What Is a DWI?

DWI or DUI is the shortened form of Driving While Intoxicated or Driving Under the Influence. DWI is a criminal offense that states a person may not drive or operate a motor vehicle in a public place while intoxicated, but the statute of DWI does not state driving while drunk.

In many states, the terms DWI and DUI have the same meaning, but in Texas comprehensible differences have been established between these offenses. DWI is criminal offense of an adult or a minor for being intoxicated by more than 0.08 alcohol level in the blood or impairment of normal use of mental or physical faculties. DUI is a zero tolerance offense that prohibits a person under the age of 21 from having any alcohol in his system whatsoever.

Depending on the circumstances presented, minors may be charged with DWI or DUI. The difference transpires when a minor has apparently ingested some amount of alcohol; however, that consumption does not correspond to intoxication. In cases such as these, the minor will receive a DUI, instead of a DWI.

A person does not have to be drunk to be intoxicated, but a person who is drunk must be intoxicated. In Texas, a person is guilty of DWI if he/she operates a motor vehicle while having a blood alcohol level of a .08 or by not having the normal use of their mental or physical faculties by the introduction of alcohol. DWI encompasses all types of intoxication, whether due to alcohol or drugs.  Moreover, a person is guilty of DWI if he/she is intoxicated while operating a motor vehicle in a public place.  “Intoxicated” is defined by the DWI statute in two ways: (1) physical or mental abilities are impaired by the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (2) having a blood alcohol concentration (BAC) level of .08 or more.

The state does not have to prove that a person is above the legal limit in regards to blood alcohol concentration to be found guilty. Even if a medicine is prescribed by a doctor it does not negate guilt. The law makes no difference whether the drug is legal or illegal, prescription or over-the-counter. If taking that drug have an effect to the person’s senses of seeing, hearing, talking, walking, judging distances, or any other physical or mental ability used in driving, he/she may be found guilty of a DWI offense.

In Houston, a person can be arrested for DWI by driving and/or operating while intoxicated. But, the person need not actually operate the car in order to be arrested. An individual can still be found guilty if he/she has the capability and power to dominate, direct, or regulate the vehicle, regardless of whether the person is actually exercising that capability or power at the time of the arrest. This simply means that merely sitting behind the wheel with the keys in the ignition can lead to DWI arrest by being in actual physical control of the car.