Is there a difference between a DWI and an operating under the influence (OUI) charge?

Yes, there is a difference between a DWI and an operating under the influence (OUI) charge. In the state of Texas, a DWI is defined as driving with a Blood Alcohol Content (BAC) of .08 or more, while an OUI is operating a motor vehicle while being impaired by drugs or alcohol or a combination of the two. Although within the same category, there are differences between the two. For starters, a DWI is classified as a criminal offense, punishable by a wide range of punishments depending on the individual’s case, while an OUI is considered an infraction and is punishable by a fine only. A DWI could result in extensive penalties, including jail time, probation, license suspensions, fines, installation of an ignition interlock device and/or community service. An OUI, however, is punishable by a fine only and may possibly not involve jail time. Furthermore, DWI charges can appear on a person’s criminal record, while OUI convictions typically don’t appear on criminal records and don’t carry any license suspension. A DWI can be used in determining the individual’s eligibility for certain occupations, while an OUI charge does not have the same implications. The most important difference between these two charges is the amount of discretion that is used when determining the penalty. Courts have more discretion when punishing a DWI than when dealing with an OUI charge, meaning the consequences for a DWI can be more severe.

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Is there a difference between a DWI and an operating under the influence (OUI) charge?

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