Why You Need A Houston DWI Attorney

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HOUSTON, TXDriver opening an alcoholic beverage in the vehicle.

Houston DWI  Attorney

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 DWI attorney, 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 case review if you’re facing a DWI or DUI charge in Houston, TX.

Board-Certified Criminal Lawyer

Why You Need a Houston DWI Attorney

Facing a DWI charge in Houston can be a frightening and complex process. This is where a Houston DWI attorney becomes invaluable. Hiring a Houston DWI attorney is a critical step to safeguard your rights, improve the outcome of your case, and ensure that you receive fair treatment throughout the legal process.

At Rucker Law, our Houston DWI attorneys have a wealth of knowledge in DWI cases, giving us the skills to offer fierce and honest representation to every client. If you are dealing with a DWI or DUI charge in Houston, Texas, or Conroe, Woodlands or Katy County, don’t hesitate to contact us for a free consultation and case review.

Call Rucker Law at 713-330-1110 to speak with one of our Houston DWI attorneys today.

Understanding DWI Laws in Houston

The Basics of DWI Laws

A DWI, or driving while intoxicated, is a serious offense in Houston, Texas. It involves operating a motor vehicle with a blood-alcohol concentration (BAC) of 0.08 or higher. However, you can also be charged with a DWI if the officer deems that your normal faculties are impaired, regardless of your BAC.

Driving while intoxicated is a dangerous behavior that puts not only the driver’s life at risk but also the lives of other innocent road users. The impaired judgment and reduced reaction time caused by alcohol consumption and reckless driving can lead to devastating accidents and loss of lives. Individuals need to understand the severity of DWI offenses and the potential consequences they may face if caught driving under the influence.

Additionally, drivers under 21 are not allowed to have any detectable amount of alcohol in their system as Texas operates under a zero-tolerance policy for underage drinking. This strict policy aims to deter young individuals from engaging in alcohol-related behaviors and promote responsible decision-making from an early age.

What Are the Punishments of a DWI?

Handcuffed hands sticking out of a jail cell. In Houston, the penalties for a DWI offense can be severe. Penalties often include hefty fines, license suspension, mandatory alcohol education programs, community service, and in some instances, jail time. Fines can range from a few hundred to several thousand dollars, depending on the severity of the offense.

Penalties for DWI offenses can vary depending on the circumstances surrounding the incident. Factors such as prior convictions, high BAC levels, and the presence of minors in the vehicle can lead to enhanced penalties. Repeat offenders and those with a history of DWI offenses may face more severe consequences as the legal system aims to prevent habitual offenders from endangering the lives of others on the road.

The impact of a DWI conviction goes beyond the immediate penalties. Having a DWI on your record can affect various aspects of your life, including employment opportunities, professional licenses, and auto insurance rates. It is not only a legal matter but also a personal one with long-lasting and serious consequences too.

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 a 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.Woman holding a bottle of alcohol after driving drunk and hitting someone.

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.

Difference Between DWI and DUI in Texas

In Texas, both DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are related to driving under the influence of alcohol or drugs, but they have distinct legal definitions and implications.

What Is Considered a DUI (Driving Under the Influence)?

In Texas, the term “DUI” is not commonly used. Instead, the state primarily uses the term “DWI.” However, some states use “DUI” to refer to a lesser charge involving alcohol or drugs for individuals under the legal drinking age (21). In Texas, individuals under 21 can be charged with a DUI if they are found to have any detectable amount of alcohol in their system while operating a vehicle.

What Is Considered a DWI (Driving While Intoxicated)?

In Texas, “DWI” refers to the offense of operating a motor vehicle while impaired by alcohol or drugs. The legal blood alcohol concentration (BAC) limit for adults 21 and older is 0.08%. If a person’s BAC exceeds this limit, they can be charged with DWI. DWI can also apply to individuals who are under the influence of drugs, whether legal prescription medications or illegal substances.

In Texas, “DUI” is not commonly used, and the main charge related to impaired driving is “DWI.” The terms may differ in other states, but in Texas, a DWI charge is primarily focused on operating a motor vehicle while impaired due to alcohol or drugs, with various legal consequences based on factors like BAC level and previous offenses.

Keep in mind that every case is unique, so it’s important to consult with a Houston DWI/DUI attorney who can assess your specific circumstances and provide personalized advice to ensure the best outcome of your case.

The Role of a Houston DWI/DUI Attorney

A DWI/DUI attorney plays a crucial role in the legal process when it comes to defending individuals charged with driving while intoxicated or driving under the influence. Their knowledge of the law helps with the complexities of DWI and DUI cases and ensuring their clients receive fair treatment.

Legal Representation

One of the primary responsibilities of a DWI/DUI attorney is to serve as your legal representative throughout the adjudication process of your DWI case. This responsibility means that they will take on the task of communicating with various parties involved in the case, including the prosecution, the court, law enforcement, and any other relevant individuals.

By acting as a liaison between you and these parties, your attorney ensures that your rights are protected and that you are treated fairly in accordance with legal standards. They will carefully review the evidence against you, questioning its validity where appropriate, and presenting counter-arguments to strengthen your case.

Additionally, a Houston DWI attorney will provide you with guidance and advice throughout the legal process. They will explain the potential consequences you may face for a drunk driving charge, help you understand the legal terminology and procedures, and assist you in making informed decisions regarding your case.

Negotiating Plea Deals

In some circumstances, your DWI attorney might choose to negotiate a plea deal with the prosecutor. This strategy is employed when your attorney believes that it would result in a less severe sentence than what you might receive if the case went to trial.

Plea negotiations require great skill on the part of the DWI attorney. They must carefully analyze the evidence against you and construct a persuasive argument to convince the prosecutor that the evidence is not strong enough to ensure a conviction at trial.

During plea negotiations, your attorney may propose alternative resolutions, such as attending alcohol education programs or performing community service, in exchange for a reduced sentence. They will advocate on your behalf to secure the best possible outcome, taking into consideration your unique circumstances and the specifics of your case.

It is worth mentioning that not all DWI cases are suitable for plea negotiations. In some instances, it may be in your best interest to proceed to trial and challenge the prosecution’s case. Your DWI attorney will carefully evaluate your case’s strengths and weaknesses and provide informed advice on the most appropriate course of action.

Benefits of Hiring a Houston DWI Attorney

Knowledge of Local Laws and Procedures

Houston DWI attorneys have a strong understanding of local laws and procedures. They know the ins and outs of criminal law, how the local DWI process works and what to expect from local courts and judges.

Their experience provides them with knowledge about effective criminal defense law and strategies that can be advantageous in your case. They are also familiar with local prosecution techniques and can anticipate their tactics, allowing for effective rebuttal strategies regarding DWI charges.

When it comes to local laws, Houston DWI attorneys have a wealth of information at their fingertips. They stay up-to-date with any changes or updates to the laws that may affect your case. This knowledge allows them to navigate the legal landscape with ease and provide you with the best possible defense.

Additionally, Houston DWI attorneys have a deep understanding of the local court system. They know the judges, the prosecutors, and the specific procedures that are followed in each courtroom. This familiarity can be invaluable when it comes to building your defense strategy and presenting your case in the most favorable light.

DWI Defense Strategies

DWI attorneys are not just well-versed in Texas DWI laws; they are also experienced in crafting and employing effective defense strategies. This process includes challenging the validity of field sobriety tests, breathalyzer tests, and the legality of your traffic stop and arrest.

Moreover, their experience spans across numerous DWI cases, allowing them to choose the best defense strategy based on the unique details of your situation. This  can be instrumental in achieving a favorable outcome for your case.

One of the key aspects of DWI defense is challenging the accuracy and reliability of the tests conducted by law enforcement. Houston DWI attorneys have extensive knowledge of the science behind these tests and can identify any potential flaws or errors that may have occurred during the testing process. They can also call into question the training and qualifications of the officers involved, further strengthening your defense.

In addition to challenging the tests, Houston DWI/DUI attorneys are skilled at examining the circumstances surrounding your traffic stop and arrest. They will thoroughly review the police reports, witness statements, and any available video evidence to identify any violations of your rights or procedural errors that may have occurred. This attention to detail can make a significant difference in the outcome of your case.

Furthermore, Houston DWI defense attorneys understand the potential consequences of a DWI conviction and will work tirelessly to minimize the impact on your life. They will explore all possible avenues for reducing criminal charges, negotiating plea deals, or seeking alternative sentencing options such as probation or diversion programs.

What to Expect from Your DWI Attorney in Houston

Initial Consultation

The initial consultation with an experienced DWI/DUI attorney often involves discussing the details of your case. They will review all the facts, evaluate the evidence against you, and provide a rough estimate of how your case could progress in court.

They will also enlighten you about their fees, the possible legal strategies they might use, and the potential outcomes for your case. This opening dialogue serves to establish the attorney-client relationship and is the first step towards building your defense.

During the initial consultation, your DWI attorney will take the time to understand your personal circumstances and any extenuating factors that may have contributed to the incident. This comprehensive understanding allows them to tailor their defense strategy to your specific situation, increasing the chances of a favorable outcome.

Additionally, the lawyer will provide you with an overview of the legal process, ensuring that you have a clear understanding of what to expect moving forward. They will explain the different stages of the legal proceedings, from arraignment to trial, and answer any questions you may have.

Investigation and Evidence Gathering

Your DWI attorney will conduct an in-depth investigation into your case to gather all the necessary evidence. This process may involve interviewing witnesses, obtaining police reports, and studying the accused’s driving, criminal, and personal history.

They may also re-evaluate the results of breathalyzer or blood tests and, if needed, work with experts to question the accuracy of these results. Each piece of information uncovered during this process serves to strengthen your defense.

During the investigation, your attorney may uncover important details that could potentially weaken the prosecution’s case against you. They will meticulously analyze the evidence presented by the prosecution, looking for any inconsistencies, errors, or violations of your rights. This attention to detail ensures that no stone is left unturned in building your defense.

Furthermore, your DWI attorney will explore any potential legal defenses that may be applicable to your case. They will research relevant case law, statutes, and regulations to identify any loopholes or precedents that could work in your favor. This comprehensive approach to evidence gathering and legal analysis maximizes the chances of a successful defense.

Court Representation

One of the most important roles of a DWI attorney is representing you in court. They voice your plea, challenge the prosecution’s case, and present your defense. If your case goes to trial, they present opening and closing statements, cross-examine witnesses, and work to convince the jury of your perspective.

 A DWI attorney’s skills in argumentation, objectivity, and understanding of legal procedures are crucial during this stage. Their advocacy plays a major role in the court’s final decision.

Throughout the court proceedings, your attorney will ensure that your rights are protected and that you receive fair treatment under the law. They will object to any improper evidence or procedural violations, ensuring that the criminal case against you is built on a solid legal foundation.

In addition to their courtroom advocacy, your DWI attorney may also negotiate with the prosecution on your behalf. They will explore the possibility of plea bargains or alternative sentencing options that could potentially minimize the consequences of the charges you are facing.

Ultimately, your DWI attorney will provide you with comprehensive and dedicated representation, fighting tirelessly to achieve the best possible outcome for your case.

Choosing the Right DWI/DUI Attorney in Houston

When facing a DWI charge in Houston, or Conroe, Woodlands or Katy County, choosing the right attorney is a crucial step in your defense. This decision can greatly impact the outcome of your case and potentially determine whether you face severe penalties or receive a favorable resolution.

There are several factors to consider when selecting a DWI attorney, including:

  • Experience: A lawyer who has handled numerous DWI cases will have a deep understanding of the laws and procedures specific to these types of cases. They will be familiar with the local court system and have established relationships with judges and prosecutors.
  • Qualifications: Look for an attorney who specializes in DWI defense and has received additional training in this area of law. This specialization demonstrates a commitment to staying up-to-date with the latest developments and strategies in DWI defense.
  • Reputation: Seek out reviews and testimonials from past clients to get a sense of the attorney’s reputation in the legal community. A strong reputation can indicate a track record of success and a commitment to providing high-quality representation.
  • Communication: You want to find someone who is a good communicator and who prioritizes mutual respect and understanding in the attorney-client relationship. A good attorney will take the time to explain the legal process to you, answer your questions, and keep you informed about the progress of your case.
  • Fee structure: Understanding the financial aspects of your legal representation is crucial to avoid any misunderstandings or surprises down the line. Open and transparent communication about fees will help establish expectations and ensure a smooth working relationship.

Remember, choosing the right Houston DWI defense attorney is a decision that should not be taken lightly. Take the time to research and meet with multiple attorneys to find someone who is experienced, qualified, and who you feel comfortable working with. By investing in the right attorney, you are giving yourself the best chance at a successful defense and a favorable outcome in your DWI case.

FAQs

When should I hire a DUI/DWI attorney?

It is advisable to hire a DWI attorney as soon as possible following your arrest. Involving them early in the process allows them to intervene before the prosecution makes critical decisions about your case.

A DWI arrest can be a stressful and overwhelming experience. The legal system can be complex, and having a knowledgeable attorney by your side can make a significant difference in the outcome of your case. By hiring a DWI defense attorney, you can ensure that your rights are protected from the very beginning.

When you hire a DUI/DWI attorney early on, they can immediately start gathering evidence, interviewing witnesses, and building a strong defense strategy tailored to your specific circumstances. This proactive approach can potentially lead to a more favorable outcome for you.

Can a DWI charge be dismissed?
Yes. A DWI charge can be dismissed if the evidence against you is insufficient or obtained illegally. A skilled DWI attorney can identify these issues and move to have your case dismissed.


When facing a DWI charge, it is crucial to remember that you are innocent until proven guilty. The burden of proof lies with the prosecution, and they must present strong and admissible evidence to convict you. A competent DWI attorney will thoroughly review the evidence against you, looking for any weaknesses or violations of your constitutional rights.


In some cases, the police may have conducted an unlawful search or seizure, violated proper procedures during the arrest, or failed to follow protocol during the administration of sobriety tests. If any of these violations occurred, your attorney can file a motion to suppress the evidence, potentially leading to a dismissal of the charges against you.

What penalties can I avoid by hiring a DWI attorney?


With the help of a DWI attorney, you can potentially avoid jail time, reduce fines, prevent loss of driving privileges, and avoid having a conviction on your record.


A DWI conviction can have severe consequences, including hefty fines, mandatory alcohol education programs, probation, community service, and even imprisonment. Additionally, a conviction can result in the suspension or revocation of your driver’s license, making it challenging to commute to work or fulfill other responsibilities.


However, by hiring an experienced Houston DWI attorney, you increase your chances of achieving a more favorable outcome. They can negotiate with the prosecution for reduced charges or penalties, explore alternative sentencing options, and present compelling arguments in your defense. Their experience in DWI laws and courtroom procedures can significantly impact the outcome of your case.

Protecting Your Rights with a Houston DWI Attorney

Undoubtedly, facing a DWI charge can significantly impact your life. It is important to take immediate action to protect your rights and interests. Houston DWI defense attorneys help you navigate the complex legal system, providing the essential guidance, and the defense you need. Remember, your future is at stake. Therefore, ensuring you have the best legal representation is of utmost importance.

If you are facing a DWI/DUI arrest in Houston, Texas, or Conroe, Woodlands or Katy County, reach out to our skilled Houston DUI/DWI attorneys at Rucker Law. Time is critical in these situations, as the clock starts ticking immediately after your arrest. Allow our accomplished Houston DUI attorneys to lead your case and strive for the best possible outcome tailored to your unique situation. 

Contact Rucker Law to speak with a Houston DWI attorneys today. Dial 713-330-1110.

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