Houston DWI Lawyer: Mount Your Best Defense
If you’ve been arrested for DWI in Houston, you have 15 days to save your driver’s license and need a defense team that has actually tried hundreds of DWI cases. Varghese Summersett brings two Board Certified criminal law specialists, a team of former prosecutors, and a 70-person firm with offices in Houston, Fort Worth, Dallas, and Southlake to your defense. Call (281) 805-2220 now for a free consultation.
A DWI arrest threatens your freedom, your license, your career, and your reputation. Unlike most criminal charges, DWI requires no intent. You don’t have to mean to break the law. That’s why we see professionals, parents, and people with zero criminal history facing these charges every day. Our Houston DWI lawyers fight both the criminal case and the administrative license suspension simultaneously because winning one doesn’t guarantee the other.
Why Hire Varghese Summersett for Your Houston DWI Case?
Texas has over 100,000 licensed attorneys. Fewer than 1% hold Board Certification in criminal law from the Texas Board of Legal Specialization. Varghese Summersett has two: founding partners Benson Varghese and Anna Summersett. Board Certification requires passing a rigorous exam, demonstrating substantial trial experience, and maintaining ongoing specialization. It’s the highest credential a Texas criminal defense attorney can earn.
Exposed Prosecutors’ Playbook from the Inside
Several Varghese Summersett attorneys are former prosecutors who tried DWI cases for the State of Texas. They know exactly how Harris County prosecutors build cases, what evidence they rely on, and where those cases fall apart. Houston DWI lawyer Mike Hanson brings this prosecutorial perspective to every case, anticipating the State’s strategy before they execute it.
A Full Courtroom Inside Our Office
We built a replica courtroom in our Fort Worth headquarters. Not a conference room. An actual courtroom with a judge’s bench, witness stand, and jury box. We use it for mock trials, witness preparation, and cross-examination rehearsals. When your case goes to trial, we’ve already tried it multiple times. This level of preparation is why we’ve secured dismissals, acquittals, and reduced charges in cases other attorneys said were unwinnable.
Hundreds of DWI Trials, Not Just Cases
Many attorneys handle DWI cases. Fewer actually try them. Our team has tried hundreds of DWI cases to verdict, from first-offense misdemeanors to intoxication manslaughter charges carrying up to 99 years in prison. Trial experience matters because prosecutors know which attorneys will actually go to court. That knowledge shapes every plea offer they make.
Four Texas Offices, One Unified Defense
With 70 team members across Houston, Fort Worth, Dallas, and Southlake, we have the resources to investigate your case thoroughly. We retain toxicologists, accident reconstructionists, and forensic experts when your defense requires it. We don’t farm cases out to contract attorneys. Your case stays with our core team from arrest through resolution.
DWI Charges and Penalties Under Texas Law
Texas Penal Code Chapter 49 defines intoxication as having a blood alcohol concentration (BAC) of 0.08 or higher, or lacking the normal use of mental or physical faculties due to alcohol, drugs, or any combination. The penalties escalate based on your BAC level, prior convictions, and whether anyone was injured.
First-Offense DWI (Class B Misdemeanor)
Under Texas Penal Code § 49.04(b), a standard first DWI carries 72 hours to 180 days in jail, fines up to $2,000, and a license suspension of 90 days to one year. You’ll also face annual surcharges up to $2,000 for three years to keep your license. If you had an open container in the vehicle, the minimum jail time increases to six days under § 49.04(c).
DWI with BAC of 0.15 or Higher (Class A Misdemeanor)
Texas Penal Code § 49.04(d) elevates a first DWI to a Class A misdemeanor when your BAC reaches 0.15 or higher. Penalties include up to one year in jail and fines up to $4,000. Prosecutors treat high-BAC cases more aggressively, and judges are less inclined toward leniency.
Second-Offense DWI (Class A Misdemeanor)
A second DWI conviction under Texas Penal Code § 49.09(a) carries 30 days to one year in jail, fines up to $4,000, and a license suspension of 180 days to two years. If your prior conviction occurred within five years, you’ll be required to install an ignition interlock device on any vehicle you operate.
Third-Offense DWI (Third-Degree Felony)
Your third DWI becomes a felony regardless of how long ago the prior convictions occurred. Under Texas Penal Code § 49.09(b), you face 2 to 10 years in prison, fines up to $10,000, and a two-year license suspension. A felony conviction also triggers lifelong consequences including loss of voting rights while incarcerated and restrictions on firearm ownership.
Intoxication Assault (Second-Degree Felony)
If you cause serious bodily injury to another person while intoxicated, Texas Penal Code § 49.07 makes that a second-degree felony punishable by 2 to 20 years in prison. Serious bodily injury means injuries creating substantial risk of death, permanent disfigurement, or loss of function of any body part.
Intoxication Manslaughter (Second-Degree Felony)
Causing death while intoxicated is intoxication manslaughter under Texas Penal Code § 49.08, carrying 2 to 20 years in prison. If the victim was a firefighter, emergency medical personnel, or peace officer, the charge enhances to a first-degree felony with 5 to 99 years in prison under § 49.08(b).
DWI with Child Passenger (State Jail Felony)
Under Texas Penal Code § 49.045, driving while intoxicated with a passenger under 15 years old is a state jail felony. You face 180 days to 2 years in state jail and fines up to $10,000. This charge also triggers Child Protective Services involvement and can affect custody arrangements.
Misdemeanor DWI Sentencing Chart
| Offense | DWI 1st Offense | DWI w/ Open Container | DWI w/ BAC ≥ 0.15 | DWI 2nd Offense |
|---|---|---|---|---|
| Classification | Class B Misdemeanor | Class B Misdemeanor | Class A Misdemeanor | Class A Misdemeanor |
| Jail Time | 72 hours to 180 days | 6 to 180 days | 0 to 365 days | 30 to 365 days |
| Maximum Fine | $2,000 | $2,000 | $4,000 | $4,000 |
| License Suspension | 90 days to 1 year | 90 days to 1 year | 90 days to 1 year | 180 days to 2 years |
| Ignition Interlock | Not required | Not required | Not required | Required if prior within 5 years |
The 15-Day Deadline: Protecting Your License
When Houston police arrest you for DWI, they confiscate your license and hand you a temporary driving permit. That permit expires in 40 days unless you request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. Miss that deadline, and your license suspends automatically. No exceptions.
The ALR hearing is separate from your criminal case and occurs at the Texas Department of Public Safety. Our attorneys use this hearing strategically. We subpoena the arresting officer, challenge the legality of the traffic stop, question whether probable cause existed for your arrest, and scrutinize the procedures used to obtain your breath or blood sample. Everything the officer says becomes sworn testimony we can use in your criminal case.
Many attorneys skip the ALR hearing because it doesn’t directly affect the criminal charges. We never skip it. The hearing provides discovery we can’t get anywhere else and sometimes reveals weaknesses that lead to dismissals.
How We Attack the State’s Evidence
DWI cases aren’t as simple as prosecutors want juries to believe. Breathalyzers malfunction. Blood samples get contaminated. Officers make mistakes. Our defense strategy examines every piece of evidence the State plans to use.
Challenging the Traffic Stop: Under the Fourth Amendment, police need reasonable suspicion to pull you over. If the officer stopped you without a legitimate reason, everything that followed may be inadmissible. We obtain dashcam and bodycam footage, review dispatch records, and identify whether the stop was legally justified.
Questioning Field Sobriety Tests: The Standardized Field Sobriety Tests (SFSTs) are designed to fail. Even the National Highway Traffic Safety Administration admits the horizontal gaze nystagmus test is only 77% accurate under ideal conditions. The walk-and-turn test is 66% accurate. The one-leg stand is 65% accurate. We challenge the administration, the officer’s training, and the interpretation of these inherently unreliable tests.
Attacking Breath Test Results: Intoxilyzer machines require precise calibration and maintenance. Operators must follow specific protocols. Certain medical conditions and environmental factors can produce false readings. We subpoena maintenance records, operator certifications, and quality assurance logs to identify any deviation from required procedures.
Scrutinizing Blood Evidence: Blood draws require proper chain of custody, qualified personnel, and compliant storage conditions. We examine who drew your blood, what training they had, how the sample was stored, and who handled it between collection and testing. Contamination, fermentation, and testing errors can all produce inaccurate results.
Collateral Consequences Beyond Criminal Penalties
The fines and jail time listed in the Penal Code are just the beginning. A DWI conviction creates ripple effects that can last decades.
Professional Licenses: The Texas Medical Board, Board of Nursing, State Bar, and other licensing agencies receive notice of criminal convictions. Doctors, nurses, attorneys, pilots, teachers, and real estate agents face potential license suspension or revocation. We’ve represented professionals across these fields and understand how to minimize career damage.
Security Clearances: A DWI conviction can disqualify you from obtaining or renewing security clearances required for government and defense contractor positions. Clients working at NASA, military bases, and federal agencies face unique concerns we’re equipped to address.
Employment: Criminal background checks are standard. A DWI conviction will appear on every check for the rest of your life unless expunged. Texas expungement is only available if your case is dismissed or you’re acquitted at trial.
Immigration Status: Non-citizens face potential visa revocation, denial of naturalization, or deportation depending on the specific circumstances and their current status.
Insurance Rates: Your auto insurance premiums will increase dramatically. Many carriers will drop you entirely. Expect to pay SR-22 insurance, which can cost thousands more annually for three years.
Child Custody: Texas family courts consider criminal history when determining conservatorship and possession schedules. A DWI conviction (especially with a child in the vehicle) can alter custody arrangements significantly.
Can You Beat a DWI Charge in Houston?
Yes. DWI cases get dismissed, reduced, and acquitted in Harris County every week. The question is whether you have an attorney who knows how to identify the weaknesses in your specific case and exploit them effectively.
We’ve secured not-guilty verdicts in cases where clients had BAC readings well over the legal limit. We’ve gotten felony DWI charges reduced to misdemeanors and misdemeanors dismissed entirely. Results depend on the facts, but we’ve proven repeatedly that a DWI arrest doesn’t guarantee a DWI conviction.
What you should not do is plead guilty at your first court appearance without consulting a qualified attorney. Once you plead guilty, your options disappear. The conviction stays on your record permanently, and you face the full range of consequences.
DWI vs. DUI in Texas: Understanding the Difference
Texas uses “DWI” (Driving While Intoxicated) for adults 21 and older. “DUI” (Driving Under the Influence) applies only to minors under Texas Alcoholic Beverage Code § 106.041. A minor commits DUI by operating a vehicle with any detectable amount of alcohol in their system. DUI is a Class C misdemeanor for a first offense. DWI is more serious. If you’re over 21 and arrested for impaired driving in Houston, you’re facing DWI, not DUI.
How Long Does a DWI Stay on Your Record?
In Texas, a DWI conviction remains on your criminal record permanently. There is no waiting period after which it disappears. The only ways to remove a DWI from your record are expungement (available only for dismissals and acquittals) or, in limited circumstances, an order of nondisclosure. This permanence is exactly why fighting your charge matters.
Frequently Asked Questions About Houston DWI Cases
What should I do immediately after a DWI arrest in Houston?
Contact a DWI attorney within 24 hours. You have only 15 days to request an ALR hearing to save your license. Write down everything you remember about the arrest while details are fresh: what the officer said, what tests you performed, how long you were detained, and whether you consented to or refused chemical testing.
How much does a Houston DWI lawyer cost?
Fees vary based on whether your case is a misdemeanor or felony, your prior record, and the complexity of the evidence. At Varghese Summersett, we offer free consultations to evaluate your case and provide transparent fee structures. The cost of a qualified attorney is almost always less than the long-term cost of a conviction.
Will I go to jail for a first DWI in Texas?
A first DWI conviction requires a minimum of 72 hours in jail (six days with an open container). However, many first-time offenders avoid jail through probation, especially with strong legal representation. The outcome depends on your BAC, the circumstances of your arrest, and how effectively your attorney negotiates or litigates your case.
Can I get a DWI reduced to a lesser charge?
Yes, in some cases. Depending on the evidence, we may negotiate a reduction to obstruction of a highway, reckless driving, or another offense that doesn’t carry the same collateral consequences as DWI. Reductions aren’t guaranteed, but they’re possible when the State’s evidence has weaknesses.
What happens if I refused the breath or blood test?
Refusal triggers an automatic 180-day license suspension for a first offense (two years if you have a prior DWI or refusal). The State may also obtain a warrant for your blood. Refusal isn’t necessarily bad for your criminal case since it means less evidence, but you need an attorney who can navigate both the administrative and criminal proceedings.
Contact Varghese Summersett Today
A DWI arrest is serious, but it’s not the end. With the right defense team, you can protect your license, your freedom, and your future. Varghese Summersett has the credentials, the trial experience, and the resources to fight your case aggressively.
Call our Houston office at (281) 805-2220 for a free, confidential consultation. We’re available 24/7 because arrests don’t wait for business hours. The sooner you call, the sooner we can start protecting your rights.
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