Houston Heights DWI Lawyer

Experienced DWI Attorney in Houston Heights, TX

Being arrested on a driving while intoxicated (DWI) charge can be a stressful and overwhelming event, with convictions carrying the possibility of thousands in fines and license suspensions. If you have recently been accused of impaired driving, a skilled Houston Heights DWI lawyer can help with your case.

Your Houston Heights criminal defense lawyer can advocate for you at every stage of the proceedings, from the arrest to the final verdict and appeal.

About Surginer Stewart, PLLC

Surginer Stewart, PLLC, is committed to assisting the citizens of Houston Heights, The Woodlands, and cities throughout the Houston metropolitan area with their DWI cases.

Our team has over 30 years of experience in criminal defense law, handling charges from first-time DWIs to aggravated assault. Attorney Justin Surginer’s legal accomplishments earned him the Rising Star award every year from 2016 to 2023 by Super Lawyers. Keep in mind that awards and recognition are not guarantees of future results. Selection criteria vary between organizations.

Texas DWI Laws

DWIs remain a common criminal offense in Texas. In 2025, the Houston Police Department reported 4,598 DWI charges, resulting in 1,146 guilty pleas, 960 convictions for the original offense, 233 convictions for a separate offense, and 561 dismissals. An arrest can occur anywhere, whether you are driving on the Loop, I-45, Heights Boulevard, or any neighborhood side street.

Driving while intoxicated is when someone drives a motor vehicle in a public place while impaired by alcohol, drugs, or any chemical substance. Someone who drives with a blood alcohol concentration (BAC) at or above 0.08 percent is considered intoxicated. Under Texas DWI laws, a person in Houston may still be arrested and convicted of a DWI with a lower BAC if it affected their driving ability.

In Texas, any level of DWI is considered a criminal offense. Most Houston Heights DWI cases are processed through the Harris County Criminal Justice Center, located downtown at 1201 Franklin Street, Houston, Texas 77002.

Texas DWI Penalties

Houston DWI penalties are determined primarily by the defendant’s prior offenses and any aggravating factors involved in the case. Unlike other states, Texas does not have a set lookback period for determining repeat offenses. This means that a first conviction from decades prior may still result in a new arrest being treated as a second offense. The basic punishment structure includes: 

• First offense: A first DWI offense carries punishments that include a one-year driver’s license suspension, up to $2,000 in fines, and three to 180 days in jail.
• Second offense:  A second offense escalates penalties to jail terms of one month to a year, loss of driver’s license for two years, and fines worth up to $4,000.
• Third offense: Third DWI offenses are felonies and can result in two to 10 years in state prison, a two-year license suspension, and a $10,000 fine.
• DWI with a child passenger: Any DWI committed with a passenger in the car under 15 carries heightened penalties, regardless of criminal history. Additional punishments include a $10,000 fine, jail terms of two years, and another 180 days added to license suspensions.

Why You Should Hire a DWI Lawyer

DWIs are serious criminal matters that can appear on your permanent criminal record, affecting any future opportunities. Hire a DWI lawyer to help you avoid easy mistakes and assist you through the proceedings. Your experienced Houston Heights DWI attorney can:

• Explain the proceedings and answer any concerns.
• Choose a strategy that fits your specific case.
• Challenge procedural errors such as faulty breathalyzers or confusing field sobriety tests.
• Be your representative in any court appearance or administrative hearing.
• Work with the state to negate or shorten jail time, reduce fines, and lower the offense that appears on your record.

FAQs

What Will It Cost to Hire a DWI Lawyer in Texas?

What your Houston Heights DWI attorney costs is dependent on many factors, such as the charge’s severity, complexity of the case, whether anyone was harmed, and the workload for the firm. Legal counsel hired for a simple first-time offense with a plea deal is usually cheaper than defense for a third-time DWI involving serious bodily harm. In your first consultation, your attorney can estimate your final bill based on your specific situation.

Do I Need a Lawyer for a DWI in Texas?

Texas does not legally require you to have a lawyer for a DWI case, but having experienced legal counsel can make a positive impact on the results. Having someone with a proven track record handling similar matters can suggest strategies that fit your situation, challenge procedural errors, and work with the court for lighter sentencing or reduced charges.

What Happens if You Refuse a Breathalyzer Test in Texas?

One common point of confusion is whether you are required to submit to chemical tests and what happens if you refuse a breathalyzer test. Texas has implied consent laws, meaning that anyone who operates a motor vehicle automatically agrees to any blood or breath chemical test. Refusing a breathalyzer can result in an automatic 180-day license suspension regardless of the outcome of your DWI case.

What Common Mistakes Do People Make in Texas DWI Cases?

DWI cases can be confusing situations where many Texans make similar mistakes during the arrest, booking, and processing stages. One common error that many people make is speaking to law enforcement personnel without an attorney. They can use any earnest explanation or innocent comment against you later.

Another prevalent misstep is failing to take the process seriously. Many underestimate a DWI’s severity and delay seeking legal counsel or miss deadlines, which can increase the odds of a guilty verdict and harsh penalties.

Speak to a Houston Heights DWI Attorney Today

At Surginer Stewart, PLLC, we know that you are more than any alleged driving incident. Our team can use decades of legal experience in criminal defense law to guide you through your case.

Reach out today to set up your first consultation. At this meeting, we will learn about your story, discuss potential issues in your case, and provide strategies for mitigating the event’s impact. You can also pay a visit to our Houston offices, located on Long Point Road in Central Spring Branch, a few blocks west of Bingle Road, and north of Old Katy Road and exit 758 of Interstate 10.