dui or dwai/ incorrect info on ticket
i was arrested for a dui but my breath test was .081. Is
that a dui or dwai? I got a dwai 6 1/2 years ago, will this
be considered a first offense?
1 Answer from Attorneys
Re: dui or dwai/ incorrect info on ticket
Is that a dui or dwai?
Answer: If you are an adult, and you were arrested, it would be a DWI, however,if you were merely ticketed and not arrested and you were a minor, then it could be a DUI. The only time, Texas recognizes a DUI is for minors who are operating a motor vehicle, and who have a "detectable amount of alcohol" on their breath. With regards to adults, in Texas it is called a Driving While Intoxicated (DWI). If you were convicted in the DWI you received 61/2 years ago, this new charge probably will be charged as a second offense, which is a Class A misdemeanor in Texas. The potential punishment for a Class A misdemeanor is a minimum of thirty (30) days up to one (1) year in jail, and/or possible fine of up to $4,000.00. By the way, in Texas, there is no such thing as a DWAI.