Most drivers have heard the terms DUI, DWI, and DWAI. They sound similar, but they don’t all mean the same thing — and the difference often comes down to how states define impaired driving. In Texas, these terms have very specific meanings, and some of them don’t apply at all under state law. Understanding the distinction matters, especially after a serious car crash or 18-wheeler accident involving an intoxicated driver.
When someone is injured by a drunk or drug-impaired driver, the DUI, DWI, or DWAI charges prosecutors bring don’t just determine criminal penalties. They can directly influence who may be held responsible in a personal injury lawsuit, how insurance companies handle the claim, and whether the injured victim ultimately recovers the maximum compensation they deserve — or walks away with pennies on the dollar.
At Zehl & Associates, we’ve recovered Billions for victims of preventable accidents, including the largest verdicts and settlements in Texas and U.S. history. We’ve seen companies and insurers stop at nothing to avoid responsibility when impairment is involved — even in cases that seem clear-cut — and we know how to stop them in the tracks and hold them fully accountable.
Read on to learn why it’s critical for crash victims and their families to act quickly and how our undefeated Drunk Driver Accident Attorneys can help protect your rights from day one.
What Does DUI Mean?
DUI stands for driving under the influence. In many states, DUI is the main charge used for impaired driving involving alcohol or drugs. However, Texas does not generally use DUI for adult drivers.
In Texas, DUI is typically limited to underage drivers. A minor under the age of 21 can be charged with DUI for operating a vehicle with any detectable amount of alcohol in their system.
This is often called a zero-tolerance law.
For adult drivers in Texas, DUI is not the standard charge. Instead, Texas relies on DWI to handle most alcohol related driving offenses.
What Is a DWI in Texas?
DWI stands for driving while intoxicated. In Texas, DWI is the primary charge used for impaired driving involving alcohol or drugs.
Under Texas law, a driver can be charged with DWI if any of the following apply:
- The driver has a blood alcohol concentration of 0.08 percent or higher
- The driver has lost the normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances
- A commercial driver has a blood alcohol concentration of 0.04 percent or higher
- A driver is intoxicated by drugs alone, even without alcohol
Texas law allows officers to rely on chemical tests, field sobriety tests, and observed behavior when determining intoxication. A DWI charge does not require a specific blood alcohol number if impairment can be shown in other ways.
What Is DWAI?
DWAI stands for driving while ability impaired. This term is not used in Texas.
DWAI exists in certain states that divide impaired driving into multiple levels based on how severely the driver was affected. In those states, DWAI often applies when alcohol or drugs affect driving ability, but the blood alcohol level is below the standard legal limit.
Because Texas law does not recognize DWAI, drivers arrested in Texas will not face this charge. Instead, cases are handled under DWI or, for minors, DUI.
Why Some States Use DUI, DWI, and DWAI
Some states use all three terms to separate impaired driving offenses into categories. These states focus on degrees of impairment rather than using one broad charge.
In states that use multiple terms, the breakdown often looks like this:
- DWAI for noticeable impairment below the legal limit
- DUI or DWI for driving at or above the legal limit
- Higher-level offenses for extreme intoxication
Texas takes a different approach by using DWI as a broad offense that covers both per se intoxication and loss of normal faculties.
Is a DWI Always a Misdemeanor in Texas?
A DWI in Texas can be either a misdemeanor or a felony, depending on the situation. A DWI may be charged as a felony if:
- The driver has multiple prior DWI convictions
- A child passenger was in the vehicle
- The offense caused serious bodily injury
- The offense resulted in a fatal crash
Felony DWI charges carry significantly harsher penalties and often play a major role in injury and wrongful death cases.
Penalties for DWI in Texas
DWI penalties in Texas increase based on prior offenses and aggravating factors. Possible consequences include:
- Fines and court costs
- Driver’s license suspension
- Mandatory alcohol education programs
- Ignition interlock device requirements
- Jail or prison time
Beyond criminal penalties, a DWI conviction can also affect civil liability after an accident.
Why the Difference Matters After a Crash
After a car accident, the type of impaired driving charge can affect more than just criminal penalties. A DWI charge can also play a role in civil cases involving injuries or property damage.
Higher level charges may:
- Strengthen claims of negligence
- Increase insurance scrutiny
- Affect fault determinations
- Influence settlement negotiations
Understanding how Texas defines impaired driving helps drivers understand what is at stake after an arrest or accident.
DUI vs. DWI vs. DWAI in Houston, Texas
So what is the difference between DUI, DWI, and DWAI in Texas? For most adult drivers, DWI is the only charge that applies. DUI is generally limited to underage drivers, and DWAI is not recognized under Texas law at all.
Knowing how these terms are defined is especially important after a serious accident involving impaired driving. If you were injured in a crash caused by a drunk or drug-impaired driver in Texas, Zehl & Associates can help you understand your rights and pursue compensation.
For more information, please contact our Undefeated car accident attorneys in Houston, Texas at Zehl & Associates Injury & Accident Lawyers to schedule a free consultation today.
We proudly serve Harris County, Midland County, and throughout the state of Texas. We are located in Houston and Midland and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours