Houston DWI Lawyer & Defense Law Firm

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DWI Attorney in Houston, TX

Being pulled over while driving is a scary experience for all drivers, made even more nerve-wracking when you have had a drink or two. The truth is that thousands of drivers in Houston find themselves in this situation each year. Driving while intoxicated (DWI) can be very dangerous and have devastating consequences. If you find yourself facing DWI charges, a Houston DWI lawyer can help you.

If you are facing a DWI charge in Houston, you may be worried about losing your license, your job, and the additional penalties you will face. The system may seem stacked against you and can oftentimes be confusing for defendants. Our team at Surginer Stewart, PLLC, has many years of experience helping clients facing DWI charges and can help build a solid defense for you. A Houston criminal defense lawyer could be the resource you need.

DWI Charges in Houston, Texas

Houston is the fourth most populous city in the United States, with nearly 2.4 million residents. Harris County has some of the worst rates of deaths related to DWIs at 30.7%. Due to this tragic statistic, many task forces and the Houston PD have been ramping up forces to put a stop to drivers entering the roadways when impaired.

Texas law classifies someone as legally intoxicated when their blood alcohol level reaches 0.08 percent. However, you are considered to be breaking the law as soon as drugs or alcohol affect your driving, flying, or boating. The penalties for a DWI range based on your past criminal record and are as follows:

First offense
- Fine up to $2,000.
- Jail time up to 180 days after conviction, with three mandatory days.
- Loss of driver’s license for up to two years.
Second offense
- Fines up to $4,000.
- Up to a year in jail after conviction.
- Loss of driver’s license for up to two years.
Third offense
- A fine of $10,000.
- Prison sentence of two to 10 years upon conviction.
- Loss of driver’s license for up to two years.

State Fines

There are also state fines assessed after sentencing, which may range from $3,000 to $6,000. If you are caught driving while impaired with a child under the age of 15, you will additionally be charged with child endangerment. This charge adds additional fines of up to $10,000, two years in jail, and a 180-day license suspension.

Texas additionally has open container laws, making it illegal to drive with an open container in your car, even if you are not impaired. These laws can often be complex. It is important to hire a DWI lawyer to help you understand the charges you may be facing and help form your defense strategy.

How to Fight Your DWI Charge in Houston

At Surginer Stewart, PLLC, we will meet with you to review your case and choose the defense strategy that works with your unique case. One strategy is to challenge the traffic stop. If the police officer who initially stopped you did not have reasonable suspicion to pull you over, any evidence from the stop may be inadmissible.

We will also review the officer’s conduct during your arrest and booking to ensure that proper procedures were followed and that none of your rights were violated during the process. Another common defense strategy involves questioning the validity of the officer’s testing and the results. Oftentimes, field sobriety tests are objective and can be affected by other factors not related to intoxication, such as medical conditions that mirror intoxication.

We will also review the breathalyzer and blood test results. Breathalyzers are not always accurate if they have not been properly maintained or calibrated. Our team will also investigate the blood testing procedures, reviewing the chain of custody and testing procedures for any blood samples taken.

Why Choose Us

The team at Surginer Stewart, PLLC, believes that everyone deserves a fair defense. With over 30 years of combined experience, our firm offers personalized defense strategies to ensure you receive a fair and just outcome.

FAQs

How Much Does a DWI Lawyer Cost in Texas?

Lawyers’ fees in Texas vary based on the experience and location of your attorney, as well as the complexity of your case. Most Texas attorneys charge a standard hourly rate or a flat fee for their services. To better determine your cost, it is advised to meet with our team at Surginer Stewart, PLLC, to review your case and establish your total cost.

How Do You Win a DWI Case in Texas?

There are many ways to win a DWI case in Texas. Common defenses are challenging the initial traffic stop and reviewing the police officer’s conduct during the stop. If proper procedures were not followed and your rights were compromised at any time, this may help suppress evidence. Our team will also review the mechanisms used to test your sobriety, as no method is foolproof and may have given false levels.

What Are the Odds of Getting Dismissed for a DWI in Texas?

There is a good chance that your DWI case may be dismissed in Texas if law enforcement did not have probable suspicion to conduct the initial traffic stop, if there were procedural errors, or if evidence was false or compromised (faulty breathalyzer). More often in Texas, a strong defense will result in reduced charges versus a case being dismissed entirely.

Is Jail Time Mandatory for Your First DWI Offense in Texas?

Jail time is not mandatory for your first-time DWI in Texas. There is, however, a possibility of up to 180 days in jail, with a few mandatory days unless it is suspended. Some offenders receive probation instead of other penalties, such as fines, community service, or Ignition Interlock Devices, which require you to blow into a breathalyzer before your car starts.

Hire a Houston DWI Lawyer

If you are facing DWI charges in Houston, our team of skilled attorneys at Surginer Stewart, PLLC will ensure you receive a fair sentence. Our office is conveniently located on Long Point Rd in Houston. With over 30 years of experience and proven results, our team will deliver personalized service to help you navigate this scary experience. Contact us today.

Justin is a great lawyer. He was very straightforward about to me about my case from the get go. He interviewed me thoroughly, which showed me that he wasn’t going to just fold at the first offer the prosecutor made. He fought for me and…

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Great experience definitely recommend

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Was able to help me with two traffic violations - so very thankful I found him!

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Helped my mom and was always kind and courteous. He’s also very accessible and I could tell he’s a kind person too.

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Mr Stewart defended us for a traffic violation. I strongly recommend him. I will definitely ask for his services again in case of need.

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The attorneys at Surginer and Stewart PLLC are exceptional in criminal defense cases. The moment I talked to Justin I knew that he was the right attorney.He handle my case and was very straightforward about the possible outcomes and always seemed to be one step ahead in…

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Exceptional Service and Unwavering Dedication First off - THANK YOU From the moment you reach out, you’re treated with the utmost respect and urgency. I worked with David who doesn’t just treat you like another client; he ensures you have direct access to him. This…

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I had the pleasure of working with David as my attorney, and I can't recommend him highly enough. His intelligence and extensive knowledge of the law were evident from our first meeting. David is exceptionally attentive, ensuring that every detail of was thoroughly addressed. What…

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By far the best attorney I’ve ever had. He handled my case fast, efficient, with professionalism. He made me feel confident about my case the day I met him. I told him, “ I don’t want probation.” He replied, “I dont want a conviction.” That…

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Very professional and always available to answer any questions about your case. This was my first time ever needing an attorney for a criminal case. Especially during this weird time of quarantine and coronavirus, however Mr. Justin made the entire experience really easy and simple.…

Sean Noel

Attorney Justin Surginer represented me on a felony 2&3 case. He was very efficient and professional. He had done a great job going back and forth with the DA’s office and bringing the case to an amicable settlement. I hope I won’t have to hire…

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Guys please select your attorney wisely who is willing to give you his ear patiently. As there are bunch of law firms feeding on fear , mislead you, always do your own research. If you are hardworking, money can be earned. Never select someone based…

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he offers the best service and attention to his clients

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Justin is a great Lawyer and is very diligent hes handled 3 cases of mine and theyve all been dropped

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Highly recommend Mr. Surginer. Always kept in touch and gave me a great payment plan for fees. Other Attorneys quoted me so high and it can be very stressful if you need to pay a bail bond. I’m grateful to have found Justin!

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I used Attorney Justin Surginer services in April 2024 and I could not be more happy with the outcome. Mr. Surginer is a straight shooter who gets results! I highly recommend Attorney Justin T. Surginer. Thank you for what you did for me and my…

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Staff and Just

Derrick Ray

There were 2 traffic tickets in Hedwig Village. I went to court at 6 PM. I walked out with Justin at 6:02, dissmised. It was great working with Justin. Thanks Justin

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I hired mr. Justin as my attorney and he was well worth the price! He takes care of you and does not give you false hope he is upfront and will try his best to get your case dismissed! And that’s exactly what he did…

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He goes above and beyond for his clients. Very respectful and reliable lawyer.

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Very happy and satisfied with the outcome

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Great work. Always answers his phone. Best result possible for my case.

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Justin is very reliable & communicative. Definitely one of the realest lawyers you’ll meet. He beat my cases

Tsunami Won

Justin worked on 3 separate case's for me in 2 different counties. He saved my freedom and I couldn't have asked for a better job. He always kept me up to date with everything going on and was never hard to get ahold of which…

Collin Parker

I Retained Mr Surginer for my case a couple of months ago, and he was able to obtain the best possible outcome for said case, a dismissal. A dismissal was not an option I believed possible considering my particular case and the details surrounding it.…

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My firsting time meeting Justin was on the day of court. Prior to court he listened to me explain the details of the incident and ask questions. I have a vocal chord disorder which sometimes makes speaking difficult, he was patient and didn't hang up…

Tina

Its rare to find a good honest lawyer. I saw the good reviews but i wasn't sure what i would get. Mr Surginer is very polite, professional and fought hard to win my case. It was [...] ultimately dismissed because of his efforts to negotiate…

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Contacted Mr. Surginer about a family member in Harris County as I am out of state. He is knowledgeable, friendly, listened, and knows his craft. Most importantly he [...] was honest! I would highly recommend him to anyone seeking legal services.

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Lady Ellison

Help me get through this tough time with a clean record. I highly recommend him.

Amiree Ellison

Justin got my DWI dismissed. I wouldn’t recommend anyone but Justin for any case. He’s the best lawyer you can have. Thank you sir.

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Best lawyer I've worked with. Justin takes time to study the case looks at it from every angle and gets the job done my case was dismissed. If I ever need a lawyer in the future I'll definitely speak to him first.

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I highly recommend lawyer Justin Thomas Surginer. I hired Justin for an aggrevated assault with a deadly weapon case that he just got dismissed. I can’t thank him enough for giving me my life back. He has great strategies and knows the law. Great communication,prices…

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mrkool 713

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Very helpful lawyer who answered a question that I have over the phone without charging me.

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He's a lawyer who's willing to work with you concerning your financial situations and offers payment plans.i believe he's a lawyer who wants to help people regardless of there situation.

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Daniel Albelice

a wounder full lawyer and very understanding i am on disability and got 3 traffic tickets back to back and was able to make a paymant plan that no one else was willing to do plus on one of my tickets he got me a…

DWI 1st Chambers County

Case Dismissed

Drug Crime

Possession of Drugs, Harris County – Motion to Suppress Granted