What's the difference between DUI and DWI
Almost everywhere except Texas the offense of driving while intoxicated is referred to as DUI. If you don't believe me, do a search for DWI attorney and then search for DUI attorney and see how many more hits you get.
If a potential client has done some research before coming in, they often ask what's the difference between DUI and DWI. It's a good question because Texas does have an offense of DUI, or driving while under the influence. That offense applies only to minors, and prevents minors from driving whenever they have had anything to drink, even if they are not under the influence. An adult can be "under the influence" and as long as they are not intoxicated, no crime has been committed.
Some people think DUI applies to someone who is under the influence of drugs, but that is not the case. The DWI statute defines intoxication as "the loss of the normal use of a person's mental or physical faculties" by reason of the introduction of alcohol, drugs, or a combination of the two.
Although the laws in most states are fairly similar, there are important distinctions. While the offense of DUI in one state may be the same as DWI in Texas, there may be important differences, especially in terms of penalties. While its helpful to be educated, there is no substitute for a consulting with a lawyer experienced in handling DWI cases in Texas.
This post published by a Waco DUI lawyer
Colorado has a lesser included offense of driving while ability impaired to the slightest degree, so we recommend that there be no drinking at all if you drive here. I have represented many Texans arrested in Colorado. Be careful!