reduce dwi charges in Houston

Houston DWI Fines: How to Reduce DWI Charges

In Houston, DWI fines are nothing to scoff at when charged with this crime. Texas takes driving while intoxicated (DWI), or drunk driving, charges quite seriously. From maximum fines in the thousands to jail time and interlock devices, the penalties for a DWI can be quite severe. Moreover, these penalties change based on certain factors. 

Nevertheless, a Houston DWI lawyer like Herman Martinez can fight to reduce your charges or potentially even get them dismissed. When you face DWI charges, it is crucial to call on a DWI defense attorney to discuss the unique details of your case. A DWI conviction has severe financial and personal consequences, even for first-time offenders. 

What Are the Penalties for a DWI? 

In Texas, you are legally intoxicated when you lose the normal use of your mental or physical faculties or your blood/breath alcohol concentration or BAC reaches 0.08%. A BAC at .15% or over raises the penalties to the same as a second offender, even if it is your first offense.

First offense

Second offense

Third offense

DWI Charges with a Child Passenger 

An example of the variables that significantly change your case, having a child passenger as you drive drunk drastically increases the penalties of your DWI. 

Can I Reduce Houston DWI Fines? 

While many other states have anti-plea-bargaining laws in place for DWI offenses, Texas allows prosecutors to offer reduced charges in certain cases. Your Houston DWI defense attorney fights to negotiate with prosecutors to lower your DWI charges. 

When your lawyer has your charges reduced, it means the charge lowers in severity to that of a lower crime. Oftentimes, this leads to more leniency with fines, jail time, and other restrictions resulting from the case. 

What Are Some Examples of Reduced DWI Charges? 

These are just certain examples of how to avoid Houston DWI fines through reduced charges. When you hope to pursue avenues such as these, it is crucial that you hire an experienced Houston DWI lawyer to act as your advocate in Court. 

When you face DWI charges in Harris County, call on the DWI defense team at The Martinez Law Firm. With decades of experience as a former Judge and Chief Prosecutor, we know the system to advocate for your best results.  Contact us today to schedule a free case consultation.

what to do after a DWI arrest in Houston

Need to Know After a DWI Arrest in Houston 

After a DWI arrest in Houston, you might feel overwhelmed or intimidated. For many people, it is their first time dealing with the law. When the officer reads you your rights and books you into jail, it is no laughing matter. Everything that follows the arrest simply compounds the fear and pain. It’s a confusing time. 

However, when you have the right knowledge of the process, it is much easier to make it through. Herman Martinez is a DWI lawyer in Houston with a great deal of experience helping to dismiss. Through the guide, we help you understand the DWI process in Houston and surrounding areas. 

If you still have questions after reading or need representation, contact our offices for a free legal consultation today. 

What to Know Following a DWI Arrest in Houston 

After a DWI arrest in Houston, a lot can happen. It’s crucial to understand the overall processes that happen. 

• The administrative process decides the future of your driving privileges. 

• The criminal process determines your guilt or innocence, potentially establishing a permanent criminal record. 

The Costs of DWI Arrests 

When you want to fight your charge with a lawyer, there are costs. These costs have an impact on your bank account as well as your future. 

What Should I Do After a DWI Arrest in Houston, TX? 

Following your DWI arrest, there are a few things you should keep in mind. 

• Do not speak to the police aside from providing identification such as your name or address. 

• At your arraignment, do not plead guilty. 

• Within 15 days, request an ALR – administrative license revocation hearing. 

• Contact a criminal lawyer as soon as possible 

When you have a DWI lawyer on your side quickly, they can represent you at the arraignment hearing. Moreover, they can request the ALR hearing and provide representation there as well. 

Your Houston Lawyer 

Of all the things you should do after a DWI arrest in Houston, contacting a DWI defense attorney is crucial. You need an advocate on your side committed to your best interests. Oftentimes, a trial is your best bet to obtain your best result.

A DWI defense is about more than avoiding a conviction. It is about your future and your reputation. What you do after a DWI arrest makes a huge difference in your life. Simple mistakes are detrimental to your future, so you need the right lawyer at your side. 

Contact The Martinez Law Firm today to learn more about your options for DWI defense. 

how can a dwi affect my job?

DWI in Texas: Can You Lose Your Job?

Can you lose your job in Texas when you get a DWI? Avoid a DWI conviction, it’s not worth your job. In Texas, employment is at-will, which means your employer does have the right to fire you upon a DWI conviction in many cases. Legal statutes prevent your boss from firing you for a variety of reasons protected by the Equal Employment Opportunities Commission. However, these laws do not apply to criminal convictions.

Union and government workers have some additional protections from at-will termination. Unfortunately, though, a majority of Texas workers do enjoy these protections. Therefore, your employer more than likely has the right to terminate your position when you get a DWI in Texas.

A majority of employers likely won’t terminate you without a specific cause. Still, it’s important to avoid having a DWI in Texas for this reason and many others. If you face DWI charges, a lawyer can help you avoid the complex unemployment program in Texas.

What Jobs Have a Higher Chance of Termination for a DWI in Texas?

While many employers have the option to fire you for a DWI in Texas, some companies have their hands forced in drunk driving cases.

Driving or Operating Heavy Machinery

When driving is a core aspect of your job duties, your employer may have restrictions on their insurance that do not allow them to keep you employed. Jobs that require the operation of heavy machinery or where safety is an issue are likely to face a similar problem.

Moreover, truck drivers should remember that they could lose their commercial driver’s license (CDL) over a DWI in Texas. After a commercial DWI, your employer has no choice but to let you go.

Jobs Involving Children or At-Risk Adults

People who work with children, such as a therapist or teacher, may face termination of a DWI conviction. This is because drunk driving convictions create potential liability issues. Similarly, you might lose your job over a DWI when you work with vulnerable adult populations. This includes the elderly as well as special needs adults.

Sensitive Data or Financial Assets

When your job involves financial assets or sensitive information, you face termination because your conviction makes you a criminal. These assets range from securities and medical assets to insurance, real estate, and banking. However unrelated your conviction is, it puts your employment at risk.

Professional Licenses

A majority of the professional licensing boards in Texas reject applications with DWIs on their records. Similarly, a DWI in Texas can result in losing your professional license. Teachers, realtors, and nurses all require professional licenses. A DWI conviction puts your livelihood in jeopardy. Even outside of these industries, a DWI conviction puts your job at risk.

Avoid Getting Fired for a DWI in Texas

When you have a DWI on your record, the best thing to do is be upfront and honest. Eventually, every employer finds out, so staying ahead of it is of benefit to you. If you make it clear that this DWI in Texas was a one-time occurrence, they might be understanding.

Of course, your best bet is to avoid a DWI conviction altogether. Herman Martinez is a lawyer with decades of experience helping people mitigate DWI charges. Schedule a free consultation to explore your options. Our DWI defense attorneys fight to reduce or dismiss your charges, always pursuing your best interests.

Contact the legal team at The Martinez Law Firm today to schedule a free case evaluation.

what is a controlled substance dwi?

Controlled Substance DWI: What Is It? 

Oftentimes, a controlled substance DWI comes as a surprise to many. Typically, people associate driving while intoxicated (DWI) laws with alcohol and nothing more. However, Texas law does not agree with them. Because the effects of controlled substances are at times similar to alcohol, the law views intoxication the same.

The vast majority of controlled substances may have an impact on your driving because they impair your motor functions. Even some prescription drugs could lead to a controlled substance DWI in Texas. 

If you or a loved one faces charges for a DWI that involves drugs, contact an experienced DWI attorney. At The Martinez Law Firm, we have decades of experience with DWI defense cases. Contact us today for a free consultation. 

Do DWI Laws in Texas Include Drugs? 

A controlled substance DWI is a serious charge in the state of Texas. While many believe that only alcohol leads to DWI charges, the truth of the matter is that driving while intoxicated due to the use of drugs can also lead to a DWI.

Per Texas Penal Code § 49.04, you commit a DWI when you: 

• Operate a motor vehicle on a public road and 

• Your BAC is at or above .08 OR

• You have lost the normal use of your mental or physical faculties due to the use of a controlled substance of alcohol

With alcohol, law enforcement may have a much easier time detecting intoxication. Moreover, a chemical test and field sobriety test allows them to assess your physical and mental condition. When it comes to a controlled substance DWI, it is a bit more complex.

Controlled Substance DWI Testing 

Oftentimes, the police default to blood or urine analysis when they suspect drugs are what caused the driver to drive intoxicated. However, neither of these processes are perfect. This is because traces of some drugs remain in your system long after their effects have worn off.

For instance, marijuana has the potential to stay in your system for two weeks, even when you do not use it regularly. This is because the metabolites and other chemical components remain in your body for days or even weeks after using the drug. The police might charge you with a controlled substance DWI because drugs you used days ago appeared in your test results. 

While blood tests are more accurate in terms of drug use, this analysis still has problems. For example, human error can lead to a false positive when a lab technician makes even a slight mistake. Additionally, outdated equipment in a crime lab can lead to incorrect results. 

People often ask DWI defense attorneys whether they should submit to DWI testing. Typically, attorneys respond with, “No, you should not comply.” 

When you refuse a test, it makes their job more difficult because they need to rely on objective or circumstantial evidence if they do not obtain a search warrant to obtain your blood.

Charged with a DWI for Controlled Substances? Call A Lawyer 

If a controlled substance led to a DWI for you or someone you know, it is crucial to contact an experienced DWI defense attorney. It would be best if you never took chances with DWI charges because they can have a severe impact on your life. 

Contact The Martinez Law Firm at (713) 242-1779 today to schedule a free consultation with our trusted legal team. At your consultation, we can discuss your charges and set the path for your defense.