DUI vs DWI: What's the Difference? (California, Texas & Florida)
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DUI vs DWI: What's the Difference? (California, Texas & Florida)
Last updated: April 2026 · Covers California, Texas, and Florida · Legal information only — not legal advice
The short answer: DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are terms used for impaired driving charges. In California and Florida, DUI is the primary charge for adults. In Texas, DWI is the adult charge — DUI is used exclusively for minors under 21. Across all three states, the terms are sometimes used interchangeably in casual conversation, but they have specific legal meanings that determine the charge, the penalties, and the record consequences you face.
Why the Distinction Matters
Getting the terminology wrong in your own case is more than a semantic error. In Texas especially, confusing DUI with DWI could mean misunderstanding the charge you are actually facing, the specific court handling it, the penalties that apply, and the record consequences that follow.
Beyond the immediate legal context, the DUI vs. DWI distinction affects how your offense is reported on background checks, whether it appears on a criminal record vs. a juvenile record, and how it interacts with CDL licensing, professional licensing, and immigration status.
California: DUI Is the Primary Charge (Adults and Minors)
In California, the term DUI (Driving Under the Influence) is used for both adult and minor offenders, though the specific statutes and thresholds differ.
Adult DUI in California
Statute: Vehicle Code § 23152
California charges adult DUI under two theories:
- § 23152(a): Driving under the influence of alcohol, a drug, or both — based on observed impairment, regardless of BAC level
- § 23152(b): Driving with a BAC of 0.08% or higher — a "per se" violation where impairment does not need to be separately proven
Both theories are typically charged together. A prosecutor can obtain a conviction under either theory.
California does not use the term DWI for adults in standard usage. You may occasionally see it used colloquially, but the legal charge is DUI under the Vehicle Code.
Minor DUI in California (Under 21)
Statute: Vehicle Code § 23136 (Zero Tolerance) and § 23140
California applies a zero tolerance standard to drivers under 21:
- § 23136: Any BAC of 0.01% or higher while under 21 results in a 1-year license suspension — a civil (not criminal) penalty
- § 23140: A BAC of 0.05% or higher while under 21 is an infraction (not a misdemeanor)
- § 23152: If a minor's BAC reaches 0.08% or higher, they can be charged with the standard adult DUI — a misdemeanor
The distinction matters: a minor charged under § 23136 faces civil penalties; one charged under § 23152 faces the same criminal penalties as an adult.
Texas: DWI for Adults, DUI for Minors — Critical Distinction
Texas makes the sharpest distinction between these two terms of any state in this guide.
Adult DWI in Texas
Statute: Texas Transportation Code § 49.04
In Texas, the adult impaired driving charge is DWI — Driving While Intoxicated. This is the charge you will see filed against any adult (age 21 or older) arrested for impaired driving in Texas.
Texas defines intoxication as:
- Not having the normal use of mental or physical faculties by reason of alcohol, drugs, or a controlled substance, or
- Having an alcohol concentration of 0.08% or higher
A first-offense DWI in Texas is a Class B misdemeanor.
Texas does not charge adults with DUI for standard alcohol impairment. If you hear someone in Texas say they "got a DUI," they almost certainly mean they were charged with DWI under § 49.04.
Minor DUI in Texas (Under 21)
Statute: Texas Alcoholic Beverage Code § 106.041
In Texas, DUI applies only to minors. Any detectable amount of alcohol in the system of a driver under 21 is a violation — Texas's zero tolerance standard for minors.
Texas Minor DUI (DUIA — Driving Under the Influence of Alcohol by a Minor) is a Class C misdemeanor:
| Offense | Penalties |
|---|---|
| First offense | Fine up to $500, 60-day license suspension, 20–40 hours community service, mandatory alcohol awareness class |
| Second offense | Fine up to $500, 120-day license suspension, 40–60 hours community service |
| Third offense (under 17) | Juvenile court; third offense (17–20) treated as Class B misdemeanor |
The key Texas distinction: an adult in Texas charged with impaired driving faces DWI (a criminal charge). A minor faces DUI (also criminal, but under a separate statute with lower penalties and different procedures).
Florida: DUI Is the Sole Standard Term
In Florida, the term DUI (Driving Under the Influence) is used for all impaired driving charges — adults and minors.
Statute: Florida Statute § 316.193
Florida defines DUI as driving or being in actual physical control of a vehicle while:
- Under the influence of alcohol, a chemical substance, or a controlled substance to the extent that normal faculties are impaired, or
- Having a BAC of 0.08% or higher
Florida does not use the term DWI in its standard impaired driving law. You may see DWI used colloquially or in older contexts, but the legal charge is DUI.
Minor DUI in Florida (Under 21)
Florida applies a zero tolerance standard for drivers under 21 through § 322.2616:
- Any BAC of 0.02% or higher results in administrative license suspension (6 months for first offense)
- This is separate from — and lower than — the adult DUI threshold of 0.08%
A minor who reaches the 0.08% threshold can be charged with the standard adult DUI under § 316.193.
Key Differences at a Glance
| State | Adult charge | Minor charge | Term used for adults |
|---|---|---|---|
| California | DUI (§ 23152) | DUI (§ 23136/23140) | DUI |
| Texas | DWI (§ 49.04) | DUI/DUIA (ABC § 106.041) | DWI |
| Florida | DUI (§ 316.193) | DUI (§ 322.2616 for zero tolerance) | DUI |
Does the Name of the Charge Affect the Penalties?
In California and Florida, the naming distinction between DUI and DWI is mainly semantic — both refer to the same type of offense and carry similar penalties at similar BAC levels.
In Texas, the distinction is legally significant:
- An adult charged with DWI faces a Class B misdemeanor with jail time, fines, and a permanent criminal record
- A minor charged with DUI/DUIA faces a Class C misdemeanor with fines, community service, and a license suspension — but no jail time for a first offense, and the record may be eligible for expungement under Texas's juvenile records laws
For a Texas minor charged with DUIA, the procedural path, consequences, and post-case record options are meaningfully different from those of an adult charged with DWI.
Out-of-State DUI or DWI: Does It Follow You?
Yes. Most states share conviction information through the Driver License Compact (DLC) and the Non-Resident Violator Compact (NRVC). A DUI conviction in California will typically be reported to Texas and Florida if you hold a license in one of those states — and vice versa.
The practical consequence: an out-of-state DUI conviction can:
- Count as a prior DUI/DWI conviction for sentencing purposes in your home state
- Trigger a license suspension in your home state even if you served your out-of-state suspension
- Be visible on background checks conducted in your home state
Other Impaired Driving Charges to Know
Beyond DUI and DWI, you may encounter related charges in all three states:
DUID (Driving Under the Influence of Drugs): Charged under the same DUI statutes in California and Florida when the impairment is caused by drugs rather than alcohol. Texas charges drug impairment under its DWI statute.
Wet reckless: Not a statutory charge — this is slang for a plea reduction from DUI to reckless driving with alcohol involvement (§ 23103/23103.5 in California). It carries lower penalties than DUI but still affects insurance and counts as a prior DUI if you are later charged with another DUI within 10 years.
Open container: A separate violation from DUI/DWI in all three states — having an open alcoholic beverage in the passenger compartment of a vehicle, regardless of impairment.
Frequently Asked Questions
Is a DUI the same as a DWI on a background check? For most background check purposes, both appear as criminal convictions and are identified by the statute under which you were convicted. The label "DUI" or "DWI" may differ by state but the underlying nature of the offense — impaired driving — is the same to most employers and licensing boards.
If I was convicted of DWI in Texas and move to California, does it count as a prior DUI? Yes. California courts and the DMV treat out-of-state DWI convictions as prior DUI convictions for sentencing enhancement and record purposes. A Texas DWI conviction within 10 years of a California DUI arrest counts as a prior.
Can a DUI or DWI be expunged? California allows expungement of misdemeanor DUI convictions after probation is successfully completed — though the conviction remains visible for some purposes even after expungement. Texas DWI expungement is very limited — convictions generally cannot be expunged, though a first-offense DWI that was dismissed (as in, charges were dropped before conviction) may be eligible for expunction. Florida DUI convictions cannot be expunged.
What BAC level gets you charged with DUI or DWI? The standard adult threshold in all three states is 0.08%. For commercial drivers, the threshold is 0.04%. For minors, California and Florida apply zero tolerance at 0.01–0.02%; Texas applies zero tolerance at any detectable amount for minors.
This page provides general legal information about DUI and DWI charges in California, Texas, and Florida. It is not legal advice and does not create an attorney-client relationship. Laws vary and change — consult a licensed attorney in your state for advice specific to your situation.