Terminology
DWI and DUI Are Different Offenses in Texas
In most states DUI is simply the name of the drink driving offense. In Texas it is not. They are two separate offenses, in two different codes, and only one of them applies to adults.
DWI is Penal Code section 49.04. Any age, and it requires intoxication. DUI is Alcohol Beverage Code section 106.041, and it applies only to drivers under 21.
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The two offenses side by side
Two different Texas offenses
| DWI | DUI by a minor | |
|---|---|---|
| Statute | Penal Code 49.04 | Alcohol Beverage Code 106.041 |
| Who can be charged | Any age | Under 21 only |
| What must be shown | Intoxication, or an alcohol concentration of 0.08 or higher | Any detectable amount of alcohol |
| Offense level | Class B misdemeanor or higher | Class C on a first offense |
| Can it be sealed? | Sometimes, since 2017 | No path at all |
Three consequences follow from that, and each one catches people out.
The adult-DWI side is covered in more detail in what counts as intoxicated in Texas, including cases alleged below 0.08.
An adult cannot be charged with DUI
Section 106.041 applies only to drivers under 21. If you are an adult in Texas and someone tells you that you have a DUI, what you actually have is a DWI.
DUI is not a lesser charge to plead to
You cannot plead a DWI down to a DUI, because adults are not eligible for it. Section 106.041(g) also makes it expressly not a lesser included offense of DWI.
The under 21 offense is harder to clear
A section 106.041 conviction has no nondisclosure path under Government Code section 411.0735(a)(1). An adult DWI can sometimes be sealed. That is the reverse of what almost everyone assumes.
Why the mix up is so common
Most national content about drink driving is written for a general audience, and in the majority of states DUI is the correct term. When that content is republished for Texas without translation, the terminology comes with it.
The Texas Department of Public Safety uses DWI for the adult offense. So does the Penal Code. A Texas page that calls an adult charge a DUI is either not written for Texas or not written carefully, and that is a reasonable thing to notice when you are deciding what to trust.
There is a related myth worth killing. The reduction people are often thinking of when they say they will plead down to a DUI is a different offense entirely, obstruction of a highway under Penal Code section 42.03. Whether it is available varies by county and it is not something to count on.
If you are under 21 the distinction matters most of all, because the rules genuinely differ. See underage DUI.
For a court, driving, or background record, the statute number and final disposition are more reliable than a generic offense label. A data vendor, booking entry, or out-of-state form may use DUI as shorthand even when the Texas charging instrument identifies DWI, while a Texas filing may expressly identify DUI by a minor. Reading the complaint or information and the final order prevents another system's terminology from being mistaken for the offense Texas actually filed.
Related pages
Common questions
Is a DUI less serious than a DWI in Texas?
They are different offenses rather than different severities of one. A first DUI under section 106.041 is a Class C matter, but it carries a consequence a DWI does not: no route to sealing it.
I am 19. Which one applies to me?
Either could. Any detectable amount makes it a DUI under section 106.041. If the State alleges actual intoxication, a full DWI charge under section 49.04 is also available.
Can my DWI be reduced to a DUI?
No, if you are an adult. Section 106.041 applies only to drivers under 21, so it is not an available reduction.
Why do so many websites get this wrong?
Because national content uses DUI as the general term and gets republished for Texas without translation. The Penal Code and DPS both use DWI for the adult offense.