Former Chief Prosecutor

Houston DWI Lawyer
Herman Martinez
Over 25 Years Of Experience

  • Former Chief Prosecutor in Harris County courts
  • Rated 10.0 Superb on Avvo
  • Se habla español
  • Call Us 24 Hours!

Herman Martinez

Houston DWI Lawyer & Criminal Defense Attorney

  • 25+Years Experience
  • 10.0Avvo Superb
  • FormerChief Prosecutor
  • 24/7Call Us

Awards & Recognition

Nationally & State Recognized

  • DUI Defense Lawyers Association — Board Certified in DUI Law Board Certified DUI Defense Lawyers Association
  • Texas Board of Legal Specialization — Board Certified, Criminal Law Board Certified Texas Bd. of Legal Specialization
  • ThreeBestRated — Best Business of 2026 Best Business 2026 ThreeBestRated.com
  • Over 25 Years — Fighting For You Over 25 Years Fighting For You
  • H Texas Magazine — Top Attorney Top Attorney H Texas Magazine
  • Attorney.com — Top Attorney Award Winner 2019 Top Attorney Award Attorney.com — 2019
  • Avvo Rating 10.0 79 Reviews — Superb
  • NHTSA Certified Field Sobriety Testing

Houston DWI Lawyer and Criminal Defense Attorney

The Martinez Law Firm defends people facing DWI and criminal charges in Houston and across Harris County. After an arrest, you need clear guidance from a lawyer who understands local courts, prosecutors, and judges. Herman Martinez has more than 25 years of experience as a Houston criminal defense attorney and DWI lawyer.

Our firm handles first-time and felony DWI, domestic violence, drug charges, assault, and other serious offenses. We explain what to expect, protect your rights at every step, and focus on the best outcome for your record and your future.

We serve both English and Spanish-speaking clients. Se habla español. If you or a family member needs legal help, call our Houston office any time, day or night.

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The Prosecutor Advantage

What Others Guess — Herman Knows

Comparison of a typical defense attorney and Herman Martinez
Credential Typical Defense Attorney Herman Martinez
DA Office Experience Never worked in prosecution Former Chief Prosecutor, Harris County
Field Sobriety Tests Argues without certification NHTSA-certified in the protocols police use
Prosecution Strategy Estimated from the outside Knows exactly how cases are built to win
Judicial Experience Attorney only Former Associate Judge, City of Houston
Client Access Speak to a paralegal or case manager Direct access to Herman on every case
Board Certification Not board certified Dual certified — DUI Law (DDLA) + Criminal Law (TBLS)
Language English only Bilingual — English & Spanish

Call 713.242.1779 Why Hire a Former Prosecutor

Call the DWI Lawyer Houston Trusts

Many clients come to us after a DWI arrest in Houston or Harris County. We explain the process, protect your rights, and review every detail of the traffic stop, field sobriety tests, and breath or blood results. Our firm handles first-time and felony DWI charges, ALR hearings, CDL cases, and DWI cases involving accidents or high BAC results. If you searched for a Houston DWI lawyer, you are in the right place.

You have only 15 days after a DWI arrest in Texas to request an ALR hearing and fight a driver’s license suspension. Our team acts fast to protect your license while we build your defense in the criminal case.

DWI services:

Begin Building Your Defense Today

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Areas We Serve

The Martinez Law Firm defends clients across Houston and Harris County, including Downtown, Midtown, East Downtown, Montrose, the Heights, the Galleria area, and nearby communities.

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Texas DWI Law — Know What You're Facing

Texas DWI Penalties by Offense Level

A conviction on any of these charges carries consequences far beyond the listed penalties — including a criminal record, employment impacts, and a state traffic fine of up to $6,000 at conviction. The right defense strategy can mean the difference between a conviction and a dismissal.

Texas DWI penalties by offense level
Offense Classification Jail / Prison Max Fine License Suspension
First-Time DWI Class B Misdemeanor 72 hours – 180 days $2,000 90 days – 1 year
First DWI — BAC .15 or Higher Class A Misdemeanor Up to 1 year $4,000 90 days – 1 year
Second Offense DWI Class A Misdemeanor 30 days – 1 year $4,000 180 days – 2 years
Third+ Offense DWI 3rd Degree Felony 2 – 10 years TDC $10,000 180 days – 2 years
DWI with Child Passenger (under 15) State Jail Felony 180 days – 2 years $10,000 90 – 180 days
Intoxication Assault 3rd Degree Felony 2 – 10 years TDC $10,000 90 days – 1 year
Intoxication Manslaughter 2nd Degree Felony 2 – 20 years TDC $10,000 180 days – 2 years
Injury to Firefighter / EMS Personnel 2nd Degree Felony 2 – 20 years TDC $10,000 180 days – 2 years
Injury to Peace Officer or Judge 1st Degree Felony 5 – 99 years or life $10,000 180 days – 2 years

* A DWI conviction also carries a state traffic fine of $3,000 (first conviction), $4,500 (subsequent conviction within 36 months), or $6,000 (BAC of .15 or higher) under Texas Transportation Code §709.001; the former DPS surcharge program was repealed effective September 1, 2019. Commercial drivers (CDL) face disqualification. All sentences subject to enhancement with prior criminal history. Source: Texas Penal Code §49.04–§49.09.

Discuss Your Charges — Free Call Read DWI FAQ

Reasons To Choose Herman Martinez

  • More than 25 years of criminal and DWI defense experience
  • Former Chief Prosecutor in Harris County courts
  • Rated 10.0 Superb on Avvo
  • Top DUI Lawyer & 2013 Top DUI Contributor on Avvo
  • 2011 Top DWI Lawyer, Houston Texas Magazine
  • 2008 & 2010 Top Lawyer, Houston Texas Magazine
  • 2012 & 2014 Clients’ Choice DUI Lawyer on Avvo
  • 2009 Top Criminal Lawyer, Houston Texas Magazine

Our Houston DWI lawyer uses this background as a prosecutor and defender to spot weak points in the state’s case, challenge evidence, and negotiate from a strong position.

Best Houston DWI Defense Attorney

Put a Former Prosecutor on Your Side
Experienced Houston DWI and Criminal Defense

If you need a Houston criminal defense attorney who focuses on DWI defense and serious criminal charges, contact Herman Martinez. He is a strong advocate in and out of the courtroom and handles complex cases that involve breath or blood test evidence, prior convictions, or accident allegations.

With his years of experience and record of case dismissals, reduced charges, and not guilty verdicts, Attorney Martinez and our legal team work to protect your rights at every stage. As a former prosecutor, he understands how the state prepares cases and uses that insight to build defenses that expose problems in the stop, investigation, and testing.

When you work with our firm, you receive clear communication, honest advice, and a defense strategy built around your goals for your future.

We Prioritize Client Results

Read What Past Clients Have Said

Our case results include DWI dismissals, reduced charges, and not guilty verdicts in serious criminal matters. Results matter more than promises.

“Herman truly exceeded my expectations in every aspect of defending my case.” – I.S.
“It’s been a hard year, but it is getting better with Mr. Martinez!” – J.P.

Why Choose Herman?

Understand Your Rights & Legal Options

A DWI or criminal charge in Houston can affect your job, license, and immigration status. Our blog and video resources explain the process, key deadlines, and common questions about Texas DWI laws.

Read More Blog Posts

Know your rights

Learn More About Your Rights

Watch short videos from Houston DWI lawyer Herman Martinez about your rights during a traffic stop, DWI testing, and the criminal court process in Harris County.

Review Our Videos Here

Get Heavyweight Legal Representation You Can Trust

Whether you are dealing with a first-time DWI, a felony DWI, or another criminal charge, you can trust in the experience and focus of our Houston DWI lawyer and criminal defense team. We know the criminal justice system is not perfect and that good people can face serious accusations after a single mistake.

Our firm looks closely at police procedures, video evidence, and testing records to find errors that can help reduce or dismiss charges. We believe results matter, and we back that up with case results that show how we have helped clients in Houston and Harris County.

If you are ready to discuss your case with a knowledgeable Houston criminal lawyer, contact us today. See our case results and contact us to schedule your free consultation.

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