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Hire a Lawyer for DWI and DUI Charges in Houston, TX

An arrest for drunk driving can leave you scrambling to create a plan for your defense. You likely didn’t even realize you consumed enough alcohol to test over the limit, and now you’re facing a criminal charge and legal consequences. Rucker Law can provide you with legal assistance in times like these. Our lawyer, Wes Rucker, has worked on both sides of the law as a prosecutor and defense attorney. These experiences have helped him develop unique and valuable skills that allow him to provide zealous and honest representation for every client. Contact us today for a free case review if you’re facing a DWI or DUI charge in Houston, TX.

Wes Rucker

Why You Need a Lawyer for DWI Cases

Harris County leads the state in alcohol-related arrests. Due to this fact, local law enforcement is under pressure to crack down on DWI and DUI infractions to send a message that offenses of these kinds will not be tolerated. This means that if you’re charged with a DWI or DUI, you’re in for a fight. Luckily, Wes Rucker and the team at Rucker Law has a proven track record of success in the DWI and DUI field. With experience teaching prosecutors and other defense attorneys how to try these types of cases effectively, Wes knows what it takes to overcome a charge of this nature. He has more than 13 years of experience handling DUI and DWI cases in Houston, TX, and has even trained police officers on the proper methods to use when conducting an arrest for this offense. He has the skills to get you a favorable outcome.

What is Considered a DWI?

Texas DWI laws are similar to those in other states. A person commits a DWI offense when they operate a motor vehicle in a public place while intoxicated, hence the name Driving While Intoxicated (DWI). In most cases, the state proves intoxication by showing the individual in question has lost the normal use of the mental or physical faculties or by showing they had a blood/alcohol concentration (BAC) of .08 or higher at the time of the incident.

What are the Punishments of a DWI?

The punishments of a DWI can vary significantly based on several different factors. Some penalties are more severe than others and are meant to fit the severity of the wrongdoing. The consequences of a DWI could range anywhere from paying a fine to serving life in prison. It does not matter whether you meant to hurt someone or not. You could be facing a devastating punishment depending on the facts of your case. We’ve compiled a list of the most common penalties you face for a DWI charge:

First Time Offense

A first time DWI arrest is considered a Class B misdemeanor so long as your BAC is under .15. The punishment ranges from 72 hours to 180 days in jail, and may also include a fine of up to $2,000. There is the potential for court costs, license suspensions, and surcharge fees as well. With a BAC of .15 or higher, you could face a Class A misdemeanor, which carries a punishment of up to one year in jail and up to a $4,000 fine.

First Time Offense with Open Container

If you’re arrested for a DWI with an open container of alcohol in the car, a minimum sentence of six days in jail is required.

Second Time Offense

This is considered a Class A misdemeanor and carries a minimum jail sentence of 30 days. In some cases, you may instead be placed on probation. However, there is still a mandatory jail condition of three to five days, depending on the age of your first DWI conviction.

DWI with a Person Under the Age of 15 in the Car

This is considered a more serious offense, and as such is classified as a Class A misdemeanor. A charge of this kind could lead to a potential jail sentence of six months or up to two years.

DWI with Serious Bodily Injury

If you are arrested for a DWI in a case where you cause an accident that results in serious bodily injury, you could face a third degree felony charge. A charge of this nature can carry a minimum of two years in prison or a maximum of 10 years. Those individuals placed on probation for intoxication assault must serve 30 days in the county jail as a condition of the probation. In cases where a DWI causes an accident that injures a police officer or other emergency worker, you could face prison time ranging from two years up to 20.

DWI that Causes Death of Another

Causing the death of another person in a DWI incident can result in a second degree felony charge. The punishment for this charge can range from two to 20 years in prison. There is also the possibility of life in prison if you accidentally cause the death of a police officer or other emergency worker.

What is the Difference Between a DWI and a DUI?

You’ve likely heard the terms DWI and DUI used interchangeably, but the truth is these are two different charges. The primary difference is actually referenced in their name. DWI stands for Driving While Intoxicated and thus occurs when a person is driving in a state of intoxication. On the other hand, DUI stands for Driving Under the Influence, which means you don’t have to be in a state of intoxication to be charged with a DUI. You can be charged with driving under the influence even if your BAC is under the legal state of intoxication of .08. This most often occurs in instances where the person in question is a minor by age or if they have any amount of alcohol or other illegal or impairing substance present in their physical system.

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