DWI Criminal Defense Attorney in Uptown Galleria, Houston

DWI Criminal Defense Lawyer in Uptown Galleria, Houston

If you have been charged with driving while intoxicated, also known as a DWI, you may be feeling stressed or overwhelmed about the next steps. DWI charges can have a profound effect on your life. The consequences can include possible legal penalties, reputational damage, and even negative effects on future employment. If you need to find a DWI criminal defense attorney in Uptown Galleria, Houston, Surginer Stewart, PLLC, is ready to help you.

About Surginer Stewart, PLLC

When you are facing serious charges like DWI, you need a strong, experienced defense attorney with deep knowledge of the legal system. At Surginer Stewart, PLLC, we have over 30 years of combined experience defending clients against criminal charges. We walk with our clients every step of the way, from initial police interviews to the courtroom. With our office located on Long Point Road, we are easily accessible for our Uptown Galleria-area clients.

What Constitutes Driving While Intoxicated in Texas?

In Texas, the legal blood alcohol concentration, or BAC, limit is 0.08%. However, you can be charged with driving while intoxicated if alcohol is demonstrably affecting your ability to drive safely, even if your BAC is lower than the legal limit. For example, if a police officer stopped you and you failed a road sobriety test, you could be charged even if your BAC was below 0.08%.

DWI charges are not limited to driving under the influence of alcohol. Operating a vehicle with other substances in your system that impair your ability to drive safely, including prescription drugs, can result in DWI charges, as well. This applies even if the prescription medications are yours. Regardless of medical conditions, everyone has a responsibility to operate vehicles safely or not at all.

The prevalence of driving while under the influence is a major problem in Texas and the United States as a whole. In 2025 alone, Texas reported 90,453 DWI charges. Even more staggering, an average of 37 people are killed in the United States every day in car accidents in which alcohol is a contributing factor.

What Are the Potential Consequences for Driving While Intoxicated in Texas?

Penalties for driving while intoxicated in Texas are laid out in Title 10, Chapter 49 of the Texas Penal Code. Charges and penalties can be upgraded based on repeated offenses, but the general first-offense charge and penalty guidelines for driving while intoxicated are as follows:

• An uncomplicated DWI results in a Class B misdemeanor charge and a mandatory jail sentence of 72 hours.
• If a person is arrested for driving while intoxicated and has an open container of alcohol at the time of the arrest, the charge will still be a Class B misdemeanor, but the minimum jail sentence is six days.
• If a person arrested for DWI is proven to have had a BAC of 0.15% or higher at the time of the arrest, the charge is automatically upgraded to a Class A misdemeanor. According to Title 3, Chapter 12 of the Texas Penal Code, a Class A misdemeanor carries a punishment of up to one year in prison and a fine of up to $4,000.
• If a person is convicted of driving while intoxicated in a school crossing zone during the effective time of the reduced speed limit, the charge becomes a felony, carrying a sentence of six months to two years in a state jail and a fine of up to $10,000.

Penalties for DWI charges also become more severe if there was a child under the age of 15 in the car at the time of the offense. This action results in an automatic state jail felony.

Hire a DWI Criminal Defense Attorney

If you are facing DWI charges in Texas, the first thing you should do is hire a DWI criminal defense attorney to help you defend your rights and your reputation. Although the criminal justice system is designed to be fair and impartial, sometimes procedural mistakes or unconscious bias result in violations of defendants’ constitutional rights.

Your attorney can help you through every step of the legal process, even before official charges have been filed. From initial police interviews through the courtroom, an experienced lawyer can provide informed oversight and make certain that procedural rules are followed.

FAQs

Do I Need to Wait Until Charges Are Filed to Hire an Attorney?

No, you do not need to wait until charges are filed to hire a defense attorney for your DWI case. In fact, the earlier you enlist legal counsel, the earlier your lawyer can begin helping you. Attorneys can communicate with police before official charges are filed, and hiring a lawyer early gives them more time to gather information about your case and build a defense for you.

How Much Does It Cost to Hire a DWI Defense Attorney in Uptown Galleria?

The cost to hire a DWI defense attorney in Uptown Galleria varies based on the complexity of the case and the individual lawyer’s rates and fee structure. However, most attorneys who work on criminal cases require an up-front fee, called a retainer, to begin using their services. The lawyer’s actual working hours are then billed against this initial lump sum.

What Is the Maximum Sentence for a First-Offense DWI in Texas?

The maximum penalty for a first-offense DWI in Texas is six months in jail and a fine of up to $2,000. A judge can also decide to suspend your driver’s license for up to one year. The mandatory minimum sentence is 72 hours in jail, so anything beyond that is up to the discretion of the judge hearing the case.

Can You Get a DWI Charge Dismissed in Texas?

Yes, it is possible for a DWI charge to be dismissed in Texas. There are several strategies attorneys can use in an effort to secure a dismissal, including calling the legality of the original traffic stop into question, challenging the validity of a field sobriety test, or challenging the accuracy of chemical test results.

Contact Surginer Stewart, PLLC—Your Uptown Galleria DWI Criminal Defense Attorney

If you are facing DWI charges, you need a knowledgeable and experienced defense attorney on your side. A DWI, even an alleged one, can have a serious impact on your life, with possible far-reaching consequences.

At Surginer Stewart, PLLC, we advocate for our clients and help them protect their rights and reputations. Contact us today to discuss your case.