Legal Question in DUI Law in Texas

Do you mean DUI or do you mean DWI?

Driving under the influence is charged against people under 21 who are driving while being under the influence of any intoxicant - they do NOT have to be intoxicated. Texas is a zero tolerance state when it comes to under 21 and drinking and driving.

DUI is a class C misdemeanor (for the first offense. With convictions, it can be enhanced to a higher level offense.) One can get deferred disposition - better than deferrred adjudication probation - which can be expunged in the future.

DWI is driving while intoxicated. In Texas, .08 is a presumed DWI. DWI means that one is driving while they are less than normal due to the introduction of alcohol, drugs, or a combination, into their system. (Loss of the normal use of the mental and / or physical faculties.)

One cannot get deferred for DWI. This has been the law since either 1982 or 1984 - I cannot remember which. To get around this prohibition, some counties offer to allow pleas on other types of offenses such as obstruction of a highway. In Harris County they have a DIVERT program which puts a person on what is like a very strict probation for 1 year & if they complete the program, the DWI charge is dismissed and can be expunged off the record in the future.