DWI vs. DUI, What is the Difference? Heather Locklear DUI arrest.
Actress Heather Locklear's mugshot from her recent DUI arrest.
By Texas Criminal Attorney Troy P. Burleson
According to reports, former "Melrose Place" actress Heather Locklear was arrested and charged recently in California for DUI (Driving under the Influence). Ms. Locklears' arrest has prompted many questions from clients and potential juror members concerning the difference between DUI and DWI (Driving while Intoxicated). In most states, Driving under the Influence (DUI) is the more serious crime. However, in Texas Driving while Intoxicated (DWI) is the more serious alcohol related driving offense.
To illustrate the difference between how different states term their respective drunk driving laws let us compare the difference between California and Texas law. Under California Law, Driving under the Influence (DUI) is defined in California Vehicle code section 23152 which defines DUI as:
(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
A first offense DUI in the State of California is punishable by:
a) Up to 180 days in jail; AND
b) Up to $1,000 in fines plus assesments.
In comparision, Texas defines a DUI offense under section 106.041 of the Texas Alcoholic Beverage Code as:
§ 106.041. DRIVING UNDER THE INFLUENCE OF ALCOHOL BY
MINOR. (a) A minor commits an offense if the minor operates a
motor vehicle in a public place while having any detectable amount
of alcohol in the minor's system.
In Texas, a DUI is a class C misdemeanor with no jail time as apossible punishment. For a review of Class C misdemeanor punishment in Texas click here.
Driving while Intoxicated in the Texas equivilent to a California Driving under the Influence charge. Texas defines a Driving while intoxicated offense under section 49.04 of the Texas Penal Code as:
DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. "Intoxicatied" in Texas means:
A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more. --Texas Penal Code section 49.01
A DWI In Texas is punishable by:
a) Up to 180 days in jail; AND
b) UP to a $2,000 fine.
So DUI in California is the same (roughly) as DWI in Texas. So, if Heather Locklear would have been stopped in Texas she would have been charged with DWI (driving while intoxicated) not DUI (driving under the influence). A note, just in case Heather Locklear is reading this post ("I Kid, I Kid") one of the best know and respected DUI/DWI Lawyers in the United States practices in California. His name in Lawrence Taylor. If Ms. Locklear is reading this she should click the link below and contact Mr. Taylor to retain his services. From what I have read, Ms. Locklear may have a good case and should be aquitted of the charges. But, a good DWI lawyer never hurts. Good luck Heather, and we hope to see you in the rumored new "Melrose Place" series.
California DUI Lawyer Lawrence Taylor's Blog
