DUI vs. DWI in Texas

I am often asked the difference between the charges of Driving While Intoxicated and Driving Under the Influence. 

The confusion arises because the terms are used interchangeably in other jurisdictions.  In Texas, we have both crimes on the books.  Driving While Intoxicated is the name given to the run of the mill, had to much to drink and tried to drive - case.  Driving Under the Influence is the offense committed by someone under the legal drinking age who has any detectable amount alcohol in his system.  The difference between the two will become clear to many in the Houston area during the mayor's daughter's DWI trial. 

http://chron.com/disp/story.mpl/front/4088107.html 

She is under 21, but charged with the more serious crime of DWI, where prosecutors will have the burden to show that she had lost the normal use of her mental or physical faculties because she had too much to drink. 

Don't be surprised to see the charge reduced to DUI, a class C misdemeanor.

Comments

[Brittany]

I was just watching an episode of cops & a grown man was arrested for DWI. So, is it only for underage or can it be for people who are just plain sloppy drunk?

[seattle criminal attorney]

Interesting read. I will have to bookmark for later.