As indicated in the previous post, many are confused about the difference between what a prosecutor must prove beyond a reasonable doubt in order to convict an accused individual of DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) in Texas. Please, see my previous post to review the law as found in the Texas Penal Code as it relates to DWI (Driving While Intoxicated) in Texas and compare to DUI (Driving Under the Influence) in this post, and the differences will become evident.
Contrary to DWI (Driving While Intoxicated), DUI (Driving Under the Influence) is outlined in the Texas Alcoholic Beverage Code in section 106.041. Section 106.041 states, "DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system.
When compared to the prior post on DWI (Driving While Intoxicated) in Texas, the differences in clear. DUI (Driving Under the Influence) only relates to alcohol, not any other of the substances indicated in the prior post. Additionally, the only amount indicated as illegal is "any detectable amount." "Minor" means a person under 21 years of age. "Motor Vehicle" is defined in the same was as indicated in the previous post. "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
Feel free to review the prior post and compare with this post. If you have any questions, I'm happy to answer them.