Former Chief Prosecutor. Now Fighting for You.
Before Herman Martinez became Houston's most trusted DWI defense attorney, he spent years at the Harris County District Attorney's Office as Chief Prosecutor — building the cases you now need him to dismantle.
Board Certified
DUI Defense Lawyers Association
Board Certified
Texas Bd. of Legal Specialization
Best Business 2026
ThreeBestRated.com
Over 30 years
Fighting For You
Top Attorney
H Texas Magazine
Top Attorney Award
Attorney.com — 2019
NHTSA Certified
Field Sobriety Testing
Not all defense attorneys understand what happens inside the DA's office. Herman Martinez spent years there as Chief Prosecutor — he helped build cases like the one against you. Now he uses that inside knowledge to dismantle them.
Herman reviews every element of your case the way a prosecutor would construct it — then dismantles it from the inside. This comes from years of actually doing the prosecutor's job at the Harris County DA's Office.
This is not a high-volume case-processing firm. You speak directly with Herman Martinez — not a paralegal, not a case manager. You have his number. You know what's happening at every stage.
Certified by the National Highway Traffic Safety Administration in the same field sobriety protocols as law enforcement. He can identify every procedural deviation — and use it in your defense.
Every major judge, every prosecutor's office, every court procedure in Harris County. That depth of local experience shapes every strategy and every negotiation.
Full legal representation in both languages. Every consultation, every court appearance, every document — available in Spanish. Se habla español.
Herman Martinez defends Houstonians across Harris County and the greater metro area. Every case is personally handled — from your first call through final resolution.
A DWI arrest triggers two simultaneous legal battles: the criminal case and the Administrative License Revocation (ALR) process. Texas law gives you only 15 days to request an ALR hearing. Herman handles both — from your first call through trial if necessary.
Explore DWI DefenseFrom misdemeanor drug possession to felony assault and murder charges — a criminal conviction can define the rest of your life. Herman Martinez brings experience from both sides of Harris County's courts to fight every charge you face.
Explore Criminal DefenseEvery DWI defense is built on finding where the officer, the evidence, or the procedure failed to meet the legal standard required for conviction. As a former Harris County Chief Prosecutor and NHTSA-certified practitioner, Herman knows every angle — because he used to build these cases himself.
Officers typically point to specific driving cues to justify a stop — swerving within a lane, drifting between lanes, rolling through a stop sign, erratic braking, or an unusually wide or narrow turn. As a former prosecutor, Herman knows exactly which of those observations establish reasonable suspicion under Texas law and which fall short. If the stop was pretextual or unsupported, every piece of evidence gathered afterward — the field test, breath test, blood sample — can be suppressed, and a successful suppression motion can end the case entirely before trial.
Herman is trained in the exact NHTSA protocols police officers use. He knows every step of the Walk-and-Turn, One-Leg Stand, and Horizontal Gaze Nystagmus tests — and exactly how they must be administered. A single procedural deviation can invalidate the result and remove it from evidence.
Breathalyzer results depend on regular calibration, proper officer training, and a strict testing protocol. Herman investigates the machine's calibration logs, maintenance records, and whether the officer followed every required step. Any documented failure creates grounds to challenge the result in court.
Blood evidence must be drawn by a qualified person, stored correctly, maintained in an unbroken chain of custody, and tested by a certified laboratory. Herman has achieved case dismissals by identifying chain-of-custody failures, improper storage, and laboratory errors at each of these stages.
The ALR hearing is not just about saving your license. It is a formal legal proceeding where the arresting officer must testify under oath — before your criminal trial. Herman uses this testimony to lock the officer into a sworn account, revealing inconsistencies and building your criminal defense strategy months before trial.
Your Fourth Amendment protections against unreasonable search and seizure apply fully to DWI stops. Herman evaluates whether you were detained beyond the lawful duration, questioned without proper Miranda advisement, or subjected to a search without a valid warrant or legally obtained consent — any of which can suppress evidence.
If you were arrested for DWI in Texas, the clock started the moment you were arrested. Texas law requires you to request an Administrative License Revocation (ALR) hearing within 15 calendar days of your arrest date. Miss this deadline and your license is automatically suspended — no hearing, no exceptions.
A conviction on any of these charges carries consequences far beyond the listed penalties — including a criminal record, employment impacts, and surcharges of up to $2,000/year. The right defense strategy can mean the difference between a conviction and a dismissal.
| 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 |
* Additional surcharges of $1,000–$2,000/year for 3 years apply. Commercial drivers (CDL) face immediate disqualification. All sentences subject to enhancement with prior criminal history. Source: Texas Penal Code §49.04–§49.09.
Every case resolves into one of a few outcomes — Not Guilty at trial, Dismissed before trial, a Dramatically Reduced charge, a Mistrial, or No-Billed by the grand jury before charges are ever filed. Below is a small sample of real results from Herman's Houston practice.
Client tested positive on a roadside breath test. Investigation uncovered calibration errors and protocol violations. All charges dismissed.
Elevated charge on a second DWI. Field sobriety tests were improperly administered by the arresting officer. Case dismissed.
Client faced serious prison exposure on a fourth DWI. Secured first-time offender status — a dramatic reduction that changed the outcome entirely.
Jury returned a not guilty verdict after a full trial defense. Client faced decades in prison on serious felony charges.
Murder charge dismissed. Aggressive pretrial motions and a full case evaluation resulted in dismissal before the case ever reached trial.
Evidence suppressed after an unlawful search was identified. Without the illegally seized evidence, the prosecution had no case to bring.
Past results do not guarantee future outcomes. Every case depends on its specific facts and circumstances.
"Herman truly exceeded my expectations in every aspect of defending my case. His understanding of how the prosecution thinks made all the difference."
"I wholeheartedly recommend him for anyone requiring legal help, no matter the charges. Professional, relentless, and truly dedicated."
"Best DWI Lawyer in Houston. He knew things about the prosecution's case that I didn't know were even challengeable."
"Made a traumatic time less difficult. Herman kept me informed at every step and delivered an outcome that saved my family."
"I really wanted to thank you from the bottom of my heart. You changed my life and gave my family back the future we thought we had lost."
"Herman treats you like a person, not a case number. He returned every call and never let me feel alone through the entire process."
Herman Martinez built his legal career on a foundation that no competitor in Houston criminal defense can replicate. Before defending clients, he prosecuted them — rising to Chief Prosecutor at the Harris County District Attorney's Office, where he oversaw the prosecution of serious criminal and DWI cases from 1997 to 1999.
He later served as an Associate Judge for the City of Houston — a judicial perspective that further sharpens every defense strategy he builds. Combined with his NHTSA certification in field sobriety testing and more than 30 years of practice, Herman approaches every case with a depth of understanding that is simply rare.
Straight answers on Texas DWI law, penalties, and the defense process — from a Houston DWI lawyer who spent years prosecuting these exact cases before defending them.
Driving While Intoxicated (DWI) in Texas means operating a motor vehicle in a public place while intoxicated — defined as having a blood alcohol concentration (BAC) of 0.08% or higher, or not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination of both. Unlike some states, Texas does not require you to actually be driving erratically; intoxication alone, combined with "operating" the vehicle, is enough to support a charge.
Texas DWI law applies a lower threshold for commercial drivers (0.04% BAC) and zero tolerance for drivers under 21, who can be charged with any detectable amount of alcohol under the state's separate DUI statute. A Houston DWI lawyer who understands these distinctions can often identify which specific standard actually applies to your case — and where the arresting officer may have gotten it wrong.
Field sobriety tests, breathalyzer results, and blood draws are the three most common forms of evidence in a Houston DWI arrest, and each carries its own procedural requirements that police frequently fail to follow exactly. That's where an experienced Houston DWI attorney focuses first: not on the number on the breath test, but on whether it was obtained lawfully and administered correctly.
A first-time DWI conviction in Texas carries up to 180 days in jail, a fine of up to $2,000, and a driver's license suspension of up to one year. A second offense escalates to up to one year in jail and fines up to $4,000. A third DWI is charged as a third-degree felony, carrying 2 to 10 years in prison and fines up to $10,000 — and once a case reaches felony territory, the consequences extend well beyond the courtroom, affecting employment, professional licensing, and firearm rights.
Beyond the criminal penalties, Texas imposes a separate annual driver's license surcharge for up to three years to retain driving privileges, and many drivers face mandatory ignition interlock device requirements. Insurance premiums typically double or triple following a conviction. This is why a Houston DWI lawyer will often push to resolve a case in a way that avoids conviction altogether — through dismissal, reduction, or a pretrial diversion program — rather than simply negotiating a lighter sentence on the original charge.
Aggravating factors — a BAC of 0.15% or higher, a child passenger under 15, or an accident causing injury — can each independently increase the severity of charges and penalties, regardless of whether it's a first offense.
The clock starts the moment you're arrested. You have 15 calendar days to request an Administrative License Revocation (ALR) hearing, or your license is automatically suspended — this is the single most time-sensitive deadline in any Houston DWI case, and it's why calling a Houston DWI attorney immediately after an arrest matters more than almost anything else you can do.
From there, a thorough Houston DWI lawyer investigates every stage of the arrest: the legality of the traffic stop itself, the administration of field sobriety tests against NHTSA protocol, the calibration and maintenance records of the breath test machine, and the chain of custody for any blood evidence. Each of these is a potential point of failure for the prosecution's case.
Depending on what that investigation reveals, a case can move toward a motion to suppress evidence, a negotiated reduction, a pretrial diversion program for eligible first-time offenders, or — if the evidence genuinely doesn't hold up — outright dismissal. Every Houston DWI case is different, which is exactly why generic advice online is never a substitute for a real conversation with a Houston DWI lawyer about the specific facts of your arrest.
What to do in the first 24 hours after a DWI arrest in Texas — including the 15-day ALR deadline, what not to say to police, how breath tests are challenged in court, and exactly what to expect in the Harris County court process. Written by Herman Martinez from 30+ years of direct experience on both sides of the courtroom.
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