The difference between a DUI and a DWI accident in Houston comes down to the age of the driver. In Texas, a DUI is a class C misdemeanor that applies to minors (drivers under 21), while a DWI is a class B misdemeanor that applies to adults. Both charges relate to driving while under the influence of alcohol.
If you or a loved one was injured due to a drunk driver in Houston, conviction of either charge does not impact your civil case. However, pursuing damages after an accident with a drunk driver can be challenging if the driver was a minor, but you can hire a Houston DWI accident lawyer to seek compensation and justice.
How Texas Law Defines DUI and DWI Accidents
Texas law defines DUIs and DWIs differently based on a driver’s age, and the consequences also differ depending on the situation. Take a look at the laws below.
DUI Charges
According to the Texas Department of Transportation (TxDOT), a DUI charge involves an underage driver (under 21) found in possession of alcohol or with any detectable level of alcohol in their system. The following charges may apply if they are found in the possession of alcohol:
- A fine of up to $500
- Driver’s license suspension ranging anywhere from 30 days to 180 days
- Mandatory classes for alcohol awareness, and community service requirements
If they have any detectable level of alcohol in their system while driving, they can face:
- A fine of up to $500
- A 60-day driver’s license suspension
- 20 to 40 hours of community service
- Mandatory alcohol-awareness classes
If you are 17 or older and you are found with a blood-alcohol concentration (BAC) of 0.08 or higher, harsher penalties apply, such as a fine of up to $2,000, three to 180 days in jail, and a driver’s license suspension of up to a year.
DWI Charges
According to TX Penal Code § 49.04 (2022), a DWI charge is a class B misdemeanor and carries a minimum term of confinement for 72 hours. The additional penalties differ based on the offense.
For first-time offenders, there penalties are:
- Up to a $2,000 fine
- Up to 180 days in jail upon conviction with three mandatory days
- Loss of driver’s license for up to a year
For second offenses, the penalties are:
- Up to a $4,000 fine
- One month to a year in jail upon conviction
- Loss of driver’s license for up to two years
For third offenses, the penalties are:
- A $10,000 fine
- Two to ten years in prison
- Loss of driver’s license for up to two years
Other fines may also apply.
How Houston Lawyers Handle DUI Accidents Vs. DWI Accidents
If you were hit by a drunk driver who received either a DUI or DWI charge, they will likely face criminal charges. While a criminal conviction can give victims a sense of justice, they can still seek compensation through a personal injury lawsuit against the drunk driver.
The process of building a civil case against someone differs slightly between a DUI and a DWI accident. Namely, if you were hit by an underage driver, you may end up filing a lawsuit against the parents or the owners of the vehicle involved. You may be able to file an insurance claim, as well. Either way, a Houston car accident lawyer can determine what is the best legal strategy to seek fair compensation.
What If the Drunk Driver Is Not Convicted?
Even if the drunk driver in your case does not receive a DUI or DWI conviction, a lawyer can still help you seek compensation and justice through a personal injury lawsuit. A criminal conviction is not a prerequisite for a civil case.
Your attorney can gather evidence of their negligence and build a case for fair financial recovery.
Compensation You Can Seek in a Houston DUI or DWI Accident Case
Motor vehicle accidents involving drunk drivers can cause severe injuries that warrant a variety of damages. It all depends on the extent of your injuries and how they affect your life.
A DUI or DWI accident attorney can seek the following awards:
- Current medical expenses, such as ambulatory care and emergency room care
- Ongoing medical expenses, such as rehabilitation and medical devices
- Home modifications
- In-home aid
- Lost income
- Reduced earning capacity
- Pain and suffering
- Scarring and disfigurement
- Out-of-pocket expenses
A personal injury law firm can assess your accident-related losses and use evidence, such as medical bills and expert witness testimony, to substantiate your claim. If you lost a loved one to fatal car accident injuries due to a drunk driver, a wrongful death lawyer can also seek awards to help your family cope. For example, you can pursue recovery for funeral expenses and your loved one’s medical bills.
A Houston DUI or DWI Accident Attorney Can Handle all the Legal Details
After being hit by a drunk driver, you deserve to rest and recuperate from your injuries. A DWI accident attorney can handle the legal legwork. They can help by:
- Investigating your accident
- Gathering evidence of negligence against a drunk driver
- Filing all the necessary paperwork for your insurance claim or lawsuit
- Communicating with the liable party, their insurers, and their representatives
- Negotiating a settlement
- Representing you in a trial
You can hire some DWI car accident lawyers on contingency, as well. This means you do not have to pay upfront fees or hourly retainers to start your case.
Loncar Lyon Jenkins Can Explain More About the Difference Between a DUI and a DWI Accident Case in Houston
At Loncar Lyon Jenkins, our DWI accident lawyers can handle your case and fight for what you deserve. We work on contingency so that you do not have to risk further financial loss to seek compensation.
Texas Civil Practice and Remedies Code § 16.003 generally only gives you two years to file a personal injury lawsuit, so begin your case as soon as possible. Call us today for a free consultation.
