An affiliate of Martine Law, a national brand with six firms in four states. In Texas, legal services are provided by Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.
Is DUI different from DWI in Texas?
In short: Yes. In Texas, DUI applies only to drivers under 21 who have any detectable amount of alcohol, and a first offense is a Class C misdemeanor (Alcoholic Beverage Code 106.041). DWI applies to intoxicated drivers of any age (0.08 or more, or loss of normal use) and starts as a Class B misdemeanor (Penal Code 49.04).
What is "intoxicated" for a DWI?
Penal Code 49.01 defines intoxicated as not having the normal use of mental or physical faculties because of alcohol, a drug or another substance, or having an alcohol concentration of 0.08 or more. A driver can be charged with DWI below 0.08 if the State alleges loss of normal use, including from prescription drugs.
| DUI by a minor | DWI | |
|---|---|---|
| Who | Drivers under 21 | Drivers of any age |
| Standard | Any detectable alcohol | Intoxicated (0.08 or loss of normal use) |
| First offense | Class C misdemeanor, fine only | Class B misdemeanor, up to 180 days in jail |
| Community service | 20 to 40 hours on a first conviction | Set by the court |
| Law | Alcoholic Beverage Code 106.041 | Penal Code 49.04 |
Can a minor be charged with both?
Yes. If a driver under 21 is intoxicated, the State can charge DWI instead of, or in addition to, DUI. DUI is not a lesser included offense of DWI (106.041(g)).
What happens on a third DUI?
A minor who is not a child and has two prior DUI convictions faces a fine of $500 to $2,000, up to 180 days in jail, or both, and is not eligible for deferred disposition (106.041(c) and (f)).
Does a DUI affect a driver's license?
Yes. A minor can face license suspension for alcohol offenses, including through the ALR process after a failed or refused test. The 15-day deadline to request an ALR hearing also applies.
What should a parent do?
- Keep the citation and any notice of suspension.
- Note the court date on the citation.
- Do not let your child discuss the facts with anyone else before getting advice.
Where are these cases heard outside Dallas?
We handle these cases from our only office, in downtown Dallas, in the courts of 12 North Texas counties. Each county page explains where DWI cases are heard and who prosecutes them: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Is DUI a criminal offense in Texas?
Yes. It is a Class C misdemeanor for a first offense, which is fine-only but still a criminal charge.
Can I get a DUI if I am over 21?
No. Adults are charged with DWI, not DUI.
Is a DUI the same as public intoxication?
No. Public intoxication is a separate Class C offense under Penal Code 49.02.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.