Originally Posted by VThokie7
And to top it off, it was DWI and not DUI.
I think it's just a terminology difference. Some states call it DWI, some call it DUI. In VA, there is no DWI, only DUI.
Looks like Texas uses both, but DUI is reserved for minors. Strange.
In Texas, there is a distinct difference between the offenses of DWI and DUI. DWI is the abbreviation for Driving While Intoxicated, while DUI is short for Driving Under the Influence. Consider the following:
Driving Under the Influence (DUI) is reserved for minors, people under 21 years of age. Under the influence is defined as any detectable amount of alcohol. Texas law has zero tolerance for minors with any detectable amount of alcohol. DUI is a class “C” misdemeanor. The maximum punishment for a Class “C” misdemeanor is a $500 fine. DUI also carries with it a driver’s license suspension when you’re arrested or when you receive the citation (ticket); there is also a separate and additional driver’s license suspension if you’re convicted. You can challenge a driver’s license suspension upon arrest through an ALR (Administrative License Review) hearing. The hearing must be requested within 15 days of arrest or citation. A police officer may request a breath test or simply issue a citation because the officer smells alcohol on the minor. A minor may refuse a breath test if arrested for DUI.
Driving While Intoxicated can apply to both minors and adults. An individual can be arrested for DWI whether they have consumed alcohol or drugs, even if the drugs are prescription drugs. Whether you take a breath test or not, you can be charged with DWI. DWI can be proven in one of three ways: (1) having a Blood Alcohol Content (BAC) of 0.08 or more, (2) not having your normal mental faculties, or (3) not having your normal physical faculties; due to alcohol or drugs. In Texas, DWI laws get tougher and tougher every year so it is important to consult with an attorney.
"I just kind of stopped in the middle of a route, which is the worst thing you can do," Ogletree said. "He just told me, 'What were you thinking?' I kind of mumbled something to him and he was like, 'You're stupid.' "
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