What is the difference between a DWI and a DUI?

Is there a difference between a DWI and a DUI?
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Answered By: Cynthia Henley, Lawyer
Many states use "DUI" in the way that Texas uses "DWI". In Texas, DWI refers to driving while intoxicated which means driving while you do not have the normal use of your mental and / or physical faculties due to the introduction of alcohol, drugs, or a combination into your system. It includes prescription and nonprescription drugs. The legal limit is .08. Texas DUI refers to a person under 21 driving - not intoxicated (.08 or without the normal use) but having consumed ANY alcohol. Texas is ZERO tolerance for people under 21 driving after consuming alcohol. (This does not refer to drugs.) Note - a person under 21 can be intoxicated and charged with DWI but a person over 21 can only be charged with DWI.

Answer Applies to: Texas
Replied: 8/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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