Defending People

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DUI or DWI?

In Texas, a DUI is different than a DWI. The DUI (driving under the influence) statute forbids a minor (under 21) driving with any alcohol in his system. It is a class C misdemeanor, fine-only offense. If a minor is convicted of DUI but has no other alcohol-related convictions, the DUI can be expunged from his record when he turns 21.

The DWI (driving while intoxicated) statute, by contrast, forbids driving while intoxicated. “Intoxicated” means having a BAC over 0.08, or having lost the normal use of one’s mental or physical faculties. The penalty for a first DWI is up to 180 days in jail and a $2,000 fine. A DWI conviction can never be expunged.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

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