Common Misconceptions

Misconception: DWI and DUIM are the same thing

Driving while intoxicated and driving under the influence minor are not the same offense. Regardless of your age, you can be charged with a DWI offense in Texas (a Class B misdemeanor if a first offense) if—

  • Your breath or blood alcohol level is .08 percent or higher or
  • You have lost the normal use of your mental or physical faculties and, therefore, are not capable of operating a motor vehicle safely

Penalties may include:

  • Jail time/probation
  • Community service
  • Revocation of your driver's license for a minimum of 90 days, unless you are a minor and provided a sample, where then it is 60 days
  • Mandatory attendance in a alcohol offender program

Penalties increase in severity if this is not your first offense.

In contrast, a DUIM applies only to those under 21 years old. An arrest for a DUIM charge happens when you have any detectable amount of alcohol in your system. This charge is considered a Class C misdemeanor.

Penalties may include:

  • Fines
  • Alcohol awareness course, community service
  • Revocation of your driver's license

Misconception: When the police stop me, I have to take a roadside test

Here is a general rule of thumb, based on our experience: Never blow! You can refuse to take a field sobriety test, including a breath/blood test except under special circumstances, even though the police officer may not say so. Those test results will be used against you.

Misconception: I don't have to show up for court

Failure to appear in court has severe consequences. The court will issue a bench warrant for your arrest and the next time an officer stops you for even a traffic violation, you will go to jail.

Misconception: I don't need a lawyer

Especially if this is your first offense, you may think the charge is no big deal and you do not need an experienced DUI/DWI attorney. Think again. Prosecutors know exactly what to look for to convict you. They don't care if you're in school. They don't care if you don't graduate. They don't care if you lose your job. DWI/DUI law in Texas is complex and you need a lawyer who knows precisely how to gather and present the appropriate evidence in your favor. Contact Nicky Boatwright in Lubbock if you have been charged with either a DWI or DUI offense. We offer a free initial consultation.

For the strongest possible DWI/DUI defense, contact us

When you or someone you know needs strong defense for DWI and DUI charges, call Nicky Boatwright at 806.747.8002, toll free at 888.697.2919, or contact us online. We are here to help. With more than twenty years of experience, we can answer your questions and put your mind at ease. Your defense deserves a strong fight for your rights. Contact us today for your free initial consultation. We are on call 24 hours a day.


Member and Past President of Lubbock Criminal Defense Lawyer Association; Member Of National College for DUI Defense; Trained to administer standardized field sobriety tests and evidentiary breath tests; Trained in blood alcohol analysis and forensic blood analysis


How can I get my family member or friend the help they need? Even if this is his or her first offense, take the charge seriously. Find an experienced DWI and DUI attorney in the local area who is familiar with the local courts and prosecution.