DWI, DUI, OWI – What’s the Difference in Texas?

Author: Shelby Benavidez 

Contributing Attorney: Sean Szlachtowski, attorney 

TL;DR: Knowing the Difference Between DWI, DUI, and OWI 

• DWI (Driving While Intoxicated) is the most common charge in Texas and applies to adults (21+) who are impaired or have a BAC of 0.08% or higher. 

• You can get a DWI even below 0.08% if your mental or physical abilities are impaired by alcohol or drugs. 

• DUI (Driving Under the Influence) in Texas typically applies to minors (under 21) under the state’s Zero Tolerance Law – any detectable alcohol can lead to a charge. 

• OWI/OVI are terms used in other states, not Texas-specific charges, though people may use them informally. 

• Penalties escalate quickly: 

• DUI (minor): fines, license suspension, mandatory education programs 

• DWI (adult): fines up to $2,000+, jail time, license suspension, ignition interlock 

• Repeat DWIs can become felonies with prison time and up to $10,000 in fines 

• Convictions can also lead to long-term consequences like higher insurance rates, job issues, and background check impacts. 

• Bottom line: Never drive under the influence. Plan ahead with a sober ride. 

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Driving under the influence of drugs or alcohol is a serious offense in Texas for drivers of any age. Not only are you risking fines and jail time, but you are also putting your life and the life of other drivers at stake. We know drinking and driving is a crime, but there are so many names for this violation – DWI, DUI, and OWI. What’s the difference? Let’s break it down.  

What is a DWI? 

In Texas, when someone operates a motor vehicle in a public space while under the influence of alcohol, they could be charged with Driving While Intoxicated (DWI). You are considered legally intoxicated when your blood alcohol concentration is 0.08% or higher.  

However, a police officer can charge anyone with a DWI if their mental or physical capabilities are impaired due to consumption of alcohol or prescription or illegal drugs. DWI is the most common alcohol related charge in Texas. 

Additionally, Texas law doesn’t just limit DWI charges to traditional motor vehicles. You can also be charged with a DWI while operating a boat, plane, or even certain types of heavy machinery while intoxicated. These lesser-known scenarios can still carry serious legal consequences, making it essential to understand the broad scope of DWI enforcement in the state. 

DUIs and OWIs 

Driving While Under the Influence (DUI) is another alcohol related charge that is commonly referred to in Texas. Many people use DWI and DUI interchangeably assuming they mean the same thing. However, there is a difference in charges in Texas.  

For the sake of distinguishing DWI from DUI, we first have to acknowledge that Texas considers anyone under the age of 21 to be a minor. It is illegal for minors to consume or be in the possession of alcohol at any point in time, but especially when behind the wheel. 

DUI charges are typically reserved for minors in Texas. Because Texas has a Zero Tolerance Law for minors, they do not have to be intoxicated to be charged with a DUI, only be in possession of or have traceable amounts of alcohol in their system. If a minor is legally intoxicated behind the wheel, they can still be charged with a DWI, which carries a heavier criminal charge, fines, and possible jail time. 

In some states, drivers operating a vehicle while under the influence of drugs or alcohol can be charged with Operating While Intoxicated (OWI) or Operating a Vehicle Impaired (OVI). While these are common alcohol related charges in some northern states, these terms are recognized under Texas law.  

Criminal Charges and Fines 

One of the most significant differences between DUI and DWI is the criminal charges and fines that are attached to each. The penalties for such crimes range from misdemeanors to felony charges. Each carries their own fines and can be escalated with each offense. 

While a DUI conviction is typically a lesser charge than a DWI conviction, there are still some pretty hefty fines and penalties attached. Minors convicted of a first-offense DUI could face up to $500 in fines and suspension of their license for up to one year. They will also have to attend a 12-hour Alcohol Education Program. If they do not fulfill this requirement, an additional 180 days will be added to the suspension of their license. If a judge grants community service, there’s a mandatory 90-day suspension of their license and a required ignition interlock device placed in the minor’svehicle.  

When convicted of a DWI, your first offense is a Class B misdemeanor. You could face up to $2,000 in fines, jail time between 3 and 180 days, suspension of your license, and having an ignition interlock device installed in your car. Following each conviction, the charges, fines, and penalties continue to worsen. With your third offense, and every offense thereafter, you could be facing a third-degree felony charge with mandatory jail time – a minimum of 10 days up to 10 years in state prison and up to $10,000 in fines. 

Increasing the penalties for multiple offenses prove how seriously Texas takes driving while intoxicated from drugs or alcohol. The punishment of hefty fines, license suspensions, and potential jail time is Texas’ way of discouraging dangerous and life-threatening behavior. 

In addition to criminal penalties, a DWI or DUI conviction can have lasting civil consequences. These charges may appear on background checks, affect job prospects, increase auto insurance rates, and even impact college or housing applications. That’s why it’s crucial to consult with an experienced defense attorney if you’re facing an alcohol-related driving charge in Texas. 

The key takeaway is simple – never drive under the influence of alcohol or drugs. When you make the choice to drink and drive, you are putting your safety and the safety of other drivers at risk. It’s not worth it. If you plan to go out and have a few drinks, drink responsibly and have a plan in place. Bring a designated sober driver, call an Uber, call your friend, call your mom. We promise they would rather have a call at 2:00 in the morning to come pick you up than a call saying you’re never coming home. 

Frequently Asked Questions: Drinking & Driving 

What is the difference between DWI and DUI in Texas? 

In Texas, a DWI applies to adults who are intoxicated or impaired while driving, while a DUI is typically reserved for minors who have any detectable alcohol in their system, even if they are not legally intoxicated. 

What BAC level is considered legally intoxicated in Texas? 

A driver is legally intoxicated at a blood alcohol concentration (BAC) of 0.08% or higher. However, you can still be charged with a DWI if you are impaired below that limit. 

What happens to a minor charged with a DUI in Texas? 

Minors may face up to $500 in fines, license suspension up to one year, mandatory alcohol education classes, and possible ignition interlock device and community service.  

What are the penalties for a first-time DWI in Texas? 

A first-time DWI is typically a Class B misdemeanor and may include: 

• Up to $2,000 in fines 
• 3 to 180 days in jail 
• License suspension 
• Ignition interlock device 

How can I avoid a DWI or DUI in Texas? 

The best way to avoid a DWI or DUI in Texas is to not drink and drive. If you know you will be drinking, plan ahead. Call an Uber or Lyft, choose a designated driver, or call a friend or family member to pick you up. Even one bad decision can have lifelong consequences for you and others on the road.