Anderson Injury Lawyers | August 21, 2025 | Texas Law
When alcohol or drug use leads to impaired driving, the consequences can be devastating — especially when innocent people are injured in a crash. While terms like DUI, DWI, and DWAI are sometimes used interchangeably, they carry different legal standards depending on the state.
In Texas, a DWI applies to adult drivers with a BAC of 0.08% or higher or those impaired by alcohol or drugs, while DUI applies to drivers under 21 with any alcohol in their system. Understanding these differences is important for drivers as well as for victims seeking accountability after an auto accident.
What Is a DUI (Driving Under the Influence)?
“DUI” stands for Driving Under the Influence. It typically refers to operating a vehicle while under the influence of alcohol, drugs, or both. DUI is one of the most common charges for impaired driving across the U.S.
In most states, a driver can be charged with DUI if their blood alcohol concentration (BAC) is 0.08% or higher. However, drivers can also face DUI charges if their BAC is below the legal limit but their ability to operate a vehicle is still impaired.
DUI laws may also apply to drug use, including illegal substances, prescription medications, and over-the-counter drugs that impair driving ability.
What Is a DWI (Driving While Intoxicated/Impaired)?
“DWI” typically stands for Driving While Intoxicated or Driving While Impaired. Like DUI, it refers to operating a vehicle while affected by alcohol or drugs. The terminology varies depending on the state.
Some states use DUI and DWI interchangeably. Others use DWI to describe more serious offenses or to specifically refer to alcohol-related impairment, while reserving DUI for drug-related impairment or underage offenses.
In Texas, DWI is the standard term used when someone is caught operating a vehicle with a BAC of 0.08% or more, or when drugs impair the driver’s ability.
What Is a DWAI (Driving While Ability Impaired)?
DWAI stands for Driving While Ability Impaired. This charge exists in a few states, including New York and Colorado. DWAI typically refers to cases where a driver’s BAC is below 0.08%, but their ability to drive is still noticeably impaired.
For example, in New York, a BAC between 0.05% and 0.07% can lead to a DWAI charge. However, the penalties may be less severe than those for DUI or DWI, a DWAI conviction still carries serious consequences such as fines, points on your license, and possible jail time.
Key Differences Between DUI, DWI, and DWAI
Although these terms describe similar offenses, the main differences come down to:
- Legal threshold for impairment (e.g., BAC level)
- Terminology used by the state
- Severity of the offense (DWAI is often seen as less serious than DUI/DWI)
- Penalties and consequences, which vary widely depending on jurisdiction
- Age of the offender
Always check the laws in your specific state, as the same term may carry a different legal meaning elsewhere.
Texas Intoxication Law
Texas uses the term DWI for intoxicated driving involving adults. Importantly, intoxication under Texas law does not only refer to alcohol. It also covers impairment caused by illegal drugs, prescription medications, over-the-counter drugs, or any other substance that impacts your ability to operate a vehicle safely.
According to the Texas Penal Code, a person is considered intoxicated if they:
- Blood Alcohol Concentration (BAC) of 0.08% or higher: This is a per se limit, meaning you can be charged regardless of whether your driving appears impaired.
- Loss of the normal use of mental or physical faculties: Even if your BAC is below 0.08%, you may still face DWI charges if alcohol, drugs, or a combination of both have affected your coordination, judgment, or reaction time.
Texas also has a separate offense called DUI, but it only applies to drivers under the age of 21 who are caught with any detectable amount of alcohol in their system.
What Are the Penalties for a DUI or DWI in Texas?
Texas law aims to deter impaired driving through strict sentencing guidelines, and prosecutors often pursue these cases aggressively. Penalties for a first DWI offense in Texas may include:
- Up to 180 days in jail
- A fine of up to $2,000
- Driver’s license suspension for up to a year
- Ignition interlock device (IID) installation
Aggravating factors, like a BAC of 0.15% or higher, having a child passenger, or causing injury or death, can dramatically increase penalties.
Repeat offenses carry more severe consequences, including mandatory jail time, steeper fines, and longer license suspensions. Additionally, a DWI conviction can result in a permanent criminal record and higher insurance premiums.
What To Do if You’re Injured by an Intoxicated Driver
Being hit by a drunk or drug-impaired driver can leave you facing painful injuries, mounting medical bills, time away from work, and emotional distress. In Texas, victims of these crashes have the right to pursue compensation through a personal injury claim.
Take these immediate steps to strengthen your case:
- Seek medical attention right away: Even if injuries seem minor, prompt care documents the harm caused.
- Report the crash to law enforcement: A police report can be crucial evidence showing intoxication.
- Gather evidence if possible: Photos of the scene, witness statements, and driver information all help support your claim.
- Consult with a personal injury lawyer: An attorney can investigate the accident, identify all sources of compensation, and fight to hold the impaired driver accountable.
Recovering after a crash caused by intoxication isn’t just about covering medical costs—it’s also about seeking justice for the harm done. A lawyer can help you pursue damages for lost wages, pain and suffering, and other losses while navigating the legal system on your behalf.
A Personal Injury Lawyer Can Help
When impaired drivers cause crashes, the impact on victims can be life-changing. Serious injuries, medical expenses, lost wages, and emotional trauma often follow. A personal injury lawyer can help you understand your rights, gather evidence to prove negligence, and fight for compensation that covers the full extent of your losses.
Having an advocate on your side can make all the difference in holding the at-fault driver accountable. To learn more about your options and get your questions answered, contact Anderson Injury Lawyers to schedule a free consultation with a Texas DWI/DUI accident lawyer.
If you’ve been injured in an accident in Fort Worth or Dallas and need legal help, contact our personal injury lawyers at Anderson Injury Lawyers to schedule a free consultation. We proudly serve Tarrant County, Dallas County, and throughout Texas.
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