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The Financial Costs of a DWI in Houston

Oftentimes, we don’t focus on the financial costs of a DWI in Houston. When you face a conviction for driving while intoxicated (DW), we tend to focus on the now. It’s important to act quickly and work with a skilled DWI lawyer to protect your rights. 

However, one of the reasons quick action is essential is the harm of a conviction. When the court convicts someone of a DWI, the harm extends beyond the legal penalties. With a DWI on your record, you have a hard time finding or keeping a job. 

Still, there are other ways a DWI conviction takes money out of your pockets. Some are more direct than others. However, they all share in their impact. When you face a conviction for drunk driving, call on the legal team at The Martinez Law Firm. 

Trust in our experience to improve your odds and protect your future. Schedule a free consultation today!

Auto Insurance

It’s no surprise that car insurance expenses increase following a DWI conviction. With a DWI on your record, you might find it more difficult to find the following. 

• Affordable insurance costs 
• The same level of coverage you had before 
• A reputable insurance provider willing to cover you

Even when the arrest doesn’t involve a drunk driving accident, insurance companies view you as a high-risk client. After a conviction, insurance providers perceive people as someone with poor judgment who might put others at risk. 

Because your provider is responsible for proper damages or any personal injury expenses you cause as a negligent driver, they want to minimize their risks. In DWI accidents, the drunk driver is almost always liable. 

Following a conviction, it often takes years of safe driving for insurance providers to trust you as a client again. 

Credit Scores

One of the less direct financial costs of a DWI is the impact on your credit score. While your conviction does not appear on a credit report, it often puts you in debt. In Texas, the state takes DWI cases very seriously, and they come with severe fines. 

From charges to convictions, it’s easy to accrue expenses. 

• Legal fees throughout your case 
• Posting bail after your arrest 
• Fines issued after a conviction 
• Damages owed in personal injury lawsuits 
• Fees for mandatory alcohol education courses
• The cost of an interlock device (which is a monthly rental)
• Fees from reinstating your driver’s license

For a first-time DWI convocation, it’s easy for the total expense to exceed $10,000. If you have trouble finding a job after your conviction, it’s difficult to cover these costs. 

Mortgage

As we process the financial costs of a DWI conviction, it’s important to look to the future. When you have a conviction on your record, it has the potential to discourage lenders. Similar to insurance providers, they view you as a high-risk client. 

The concern stems from your ability to repay a major loan. If your conviction impacts your earning capacity, this is especially true. 

Luckily, the lender likely won’t know about your conviction unless you choose to disclose it. When it comes to loans, background checks extend to your credit report and history, not your criminal history. 

This means they might see the financial costs of a DWI on your credit report, but they won’t know what happened. In the event they learn about your drunk driving conviction, though, they tend to consider the risk of a future conviction in their decision. 

The Financial Costs of a DWI Conviction: Fight for Your Future

With a DWI conviction on your record, it impacts you in more ways than you realize. As lawyers, we understand the extent to which a conviction changes someone’s life. When you want to protect your future, it’s essential to act quickly. 

Schedule a free consultation with our team today to explore your options. With decades of experience in the Houston area, we offer a personalized strategy to each and every client. Moreover, we provide aggressive representation to fight for the best results possible in your case. 

Call today to schedule a free case evaluation and explore your options!

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Aggravated DWI in Texas: What to Know

When charged with an aggravated DWI in Texas, people quickly realize how severe the consequences are. Even with a first-offense DWI without additional, aggravating factors, you face serious penalties. 

With aggravated DWI charges, you have much to lose. With an experienced DWI attorney, you have an advocate to help you fight for a better future. Contact our team today to schedule a free consultation with our DWI defense team. 

Until then, read on to learn what an aggravated DWI is as well as how we fight these charges. 

DWI vs Aggravated DWI in Texas

What Is a DWI?

DWI means “driving while intoxicated.” In Texas, state law defines intoxication as the lack of normal use of mental or physical faculties due to the introduction of alcohol into the body. 

Alternatively, it means you have an alcohol concentration of .08 or higher. Here, “alcohol concentration” means the grams of alcohol per one of the following standards: 

• 210 liters of breath
• 100 milliliters of blood
• 67 milliliters of urine

All of this means that, in Texas, someone who has lost the normal use of physical and/or mental faculties or has an alcohol concentration of 0.08 or higher faces potential DWI charges. 

What Is an Aggravated DWI?

An aggravated DWI in Texas means that your case includes special circumstances in addition to the base DWI charges. Oftentimes, there are a few factors that raise the stakes of DWI cases. 

• Alcohol concentration reaches 0.15% or more. 
• You have a prior DWI conviction. 
• There is an open container or child in the vehicle when the officer pulls you over for drunk driving. 
• You cause an accident while driving drunk, and it results in a serious injury or a wrongful death. 

The Penalties of Aggravated DWI in Texas

In Texas, a first-time DWI is a Class B misdemeanor. When convicted you face jail time up to 180 days as well as fines up to $2000. Additionally, there’s the potential to lose your license through suspension for up to a year. 

However, aggravated DWI cases increase the penalties you face. Yet, the severity of these penalties depends on the factors that elevate your charges. 

• Alcohol concentration of 0.15% or higher means a Class A misdemeanor. Moreover, this is true of a second DWI conviction. This level of misdemeanor comes with a maximum jail time of 1 year and fines up to $4000. 
• Two prior DWI convictions equate to a felony charge with even more serious consequences. The intent behind this severity is to punish offenders who did not learn their lesson from prior charges. 
• When police pull you over and find an open container in the vehicle, it results in 6 days of mandatory jail time. 
• When there’s a child under the age of 15 in the vehicle, you face felony charges. A conviction here carries the potential of up to 2 years in jail and fines up to $10,000. 
• In the event you cause a drunk driving accident that leads to a severe injury, you face a third-degree felony charge. This has the potential for up to ten years in prison and fines up to $10,000. 
• When you kill someone while driving drunk, it’s a second-degree felony. This carries a sentence of up to 20 years in prison as well as up to $10,000 in fines. 

I Was Arrested for a DWI. Does That Make Me Guilty?

It absolutely does not. When an officer brings you in for suspicion of a DWI, it does not mean you are guilty. Often, people face wrongful arrests for DWIs. This is because officers only require probable cause to make the arrest. 

This means that the basis for a DWI arrest is the officer’s opinion. When your case goes to trial, juries require proof beyond a reasonable doubt. With a lawyer on your side, you have a team to build your case. 

At the Martinez Law Firm, we provide a thorough analysis of your case and fight to protect your rights. With experience as a former prosecutor and a thorough understanding of standardized field sobriety tests, we know how to pursue the best possible outcome for your case. 

Can I Save My Driver’s License?

It’s entirely possible! However, it is essential that you act quickly. You only have 15 days from the date of your arrest to request an ALR hearing from the Department of Public Safety. At this Administrative License Revocation hearing, we fight to save your license. 

This tight deadline is why it’s so important to contact an experienced lawyer. We understand the ins and outs of the DWI process. Let us help you keep your life on track. 

Schedule a Free Consultation with a Lawyer

When you face an aggravated DWI in Texas, it’s essential that you understand your situation. This is a serious matter with severe penalties. It is vital for your future that you seek guidance from an experienced DWI defense attorney. 

At the Martinez Law Firm, we help you build a defense for your case. Moreover, we help you understand your options and how to protect your rights. Whether we dismiss your charges or fight to reduce them, we pursue the best possible outcome for your case. 

Schedule a free consultation today to start your fight!

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Pulled Over For a DWI? Here’s What to Do.

When pulled over for a DWI, people tend to have misconceptions about what to do. When you follow the steps below, you protect yourself and your rights. With a DWI in Texas, you have a conviction that follows you for years. Texas takes these charges seriously, and they carry severe consequences. 

Protect your rights and seek the advice of a skilled, experienced DWI lawyer. When you have an advocate on your side, you have a better chance to reduce or dismiss your charges. 

What Officers Need to Arrest You for a DWI

In order to arrest you for a DWI, a police officer only requires “probable cause.” Essentially, this means that the facts and circumstances within their knowledge are enough for a reasonable person to believe you committed a crime. 

However, probable cause does not come from their own suspicion. It must be rooted in facts and the circumstances of your case. Therefore, when pulled over for a DWI, you do not want to offer them any measure of probable cause to arrest you. 

Pulled Over a DWI: What to Do

Pull Over in a Calm Manner

As you pull over immediately (when it’s safe to do so), use your turn signal and come to a complete stop. The most important thing to remember is that when pulled over, officers record everything about the stop. 

This includes your driving moments before the stop. 

Be Polite

With the recording in mind, remember that this includes your conversation. Behave appropriately and calmly. Don’t give anyone watching the video in the future reason to believe you were unreasonable or drunk. 

Avoid combative behavior as you speak with the officer. 

Don’t Admit to Drinking

When pulled over for a DWI, you have to provide the officer with your name, registration, driver’s license, and car insurance information. However, you don’t have to answer any questions they ask you. 

For instance, “How much have you had to drink tonight?” This is a common question during a suspected drunk driving stop. Still, you do not have to answer this. 

In fact, it’s in your best interest to avoid saying anything. As they record the conversation, any admission to drinking is potential evidence against you in court. 

The biggest issue with admission is how vague the question and answer are. While the officer asks you to admit how much you drank prior to driving, they rarely ask follow-up questions. For example, they don’t consider the following information. 

• The kind of alcohol 
• Size of drinks 
• When you stopped drinking
• What you had to eat

In Texas, it is perfectly legal to have a drink and then drive. However, it is illegal to drink and then drive impaired. When your BAC hits a specific level, though, it becomes driving while intoxicated. 

If you admit to drinking, be sure to explain the details thoroughly. Tell them when you had the drink, over what period of time, and whether you had anything to eat. When you build out the circumstances, you provide more detail in the event you go to court. 

Do Not Submit to Field Sobriety Tests

When pulled over for a DWI, police have the option to ask you to step out of your vehicle. However, they cannot force you into field sobriety tests. It’s important to remember that these tests are fully voluntary. 

When a police officer asks you to leave your vehicle, it is essential to comply. Try not to balance yourself on your door or vehicle as you exit. 

Once out of the vehicle, respectfully decline to perform any field sobriety tests. If pressed, simply state that your lawyer advised you to never submit to these tests. 

The foundation of field sobriety tests is tripping people up. For people with poor balance in their everyday life, some are impossible regardless of alcohol consumption. Even for those with great balance, there’s still plenty of opportunities to fail these tests. 

Do Not Submit to Chemical Tests

When pulled over for a DWI, it’s okay to decline any breath, urine, or blood tests if you consumed alcohol earlier. There are many reasons behind this. 

1. Oftentimes, breath tests produce unreliable results. 
2. Officers arrest you for a DWI regardless of whether you take a BAC test. 

After refusing the test, the state automatically subjects you to an Administrative License Suspension (ALS). However, you have to serve this suspension anyways if convicted. This means there’s little to no incentive for these tests. 

If you decide to take a breath, urine, or blood test when pulled over for a DWI and the results are above the legal limit, it doesn’t mean you are guilty. With a lawyer on your side, there are plenty of options to build a defense. 

Take Advantage of Your Right to Remain Silent

When placed in a police vehicle, do not make any statements. Oftentimes, these cruisers have microphones and cameras. Anything you say becomes a matter of record. 

Additionally, it’s important to remember that you have the right to call an attorney at any point after you are pulled over for a DWI.

What Should I Say When Police Officers Ask Whether I’ve Been Drinking?

When you didn’t drink, honestly answer “no” when the police ask. However, if there’s even a small amount of alcohol in your system, it’s important to avoid incriminating yourself. A common answer is “I have been advised by an experienced law firm not to answer any questions.”

There are a couple of reasons to provide this answer. First, it’s true because the Martinez Law Firm has decades of experience. Second, this answer does not incriminate you in any way. It doesn’t provide the officer with anything for future testimony because it does not establish probable cause. 

Pulled Over for a DWI? Call Our Defense Team

When pulled over for a DWI, it’s important to remember that you have rights. After an arrest, it’s important to act fast because there’s often still a chance to save your driver’s license. At the Martinez Law Firm, we have decades of experience helping people after a DWI arrest. 

We understand what’s on the line, and we know how to build a strong defense. Our team works diligently to pursue the best possible outcome for your case. Oftentimes, this means dismissal or reduced charges. 

To learn more about your rights and protect your future, schedule a free consultation with our DWI team today. 

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DWI Attorney: Worth Hiring?

Is it worth hiring an attorney for a DWI? Anyone who watches crime dramas on TV knows that they have the right to represent themselves in court. When you face charges of driving while intoxicated (DWI) or any criminal offense, you have the option to act as your own legal representation. 

However, just because you have that right doesn’t mean it’s a good idea. 

A DWI in Texas carries some of the most severe consequences across the United States. From your money to your freedom, drunk driving comes with heavy consequences. Moreover, the impact echoes far into your future. 

Long after you complete your sentence, a DWI makes it difficult to find employment or even a place to live. When the stakes are this high, hiring a DWI defense attorney is your best bet for beating the charge. To discuss your case with the top DWI lawyer in Houston, schedule a free consultation with the Martinez Law Firm. 

Is It Worth Hiring a Lawyer for a DWI in Texas?

“A man who represents himself has a fool for a client” is a quote we often attribute to Abraham Lincoln. While it sounds harsh, there’s truth at the core. The criminal justice system in the United States is complex. Additionally, the laws are as difficult to navigate as the processes. 

Combined, this means that there are serious risks when you take on the system without formal training. It’s simply not wise to handle your own legal defense. After all, would you attempt your own root canal? 

If cost is your core concern, think of it this way. You might save on money in the short term. However, that amount is a pittance compared to botching your own oral surgery. Similarly, when you consider hiring an attorney, having an expert on your side is in your best interest. 

There’s no guarantee when it comes to driving while intoxicated in Texas. However, there is a defense. With the right attorney on your side, it could be the difference between carrying a conviction for the rest of your life and a dismissal. 

The Downsides of Fighting Without a DWI Defense Attorney

Building a successful DWI defense takes a lot of care and expertise. There are numerous facts to consider from your arrest that may seem insignificant at first. However, to a trained eye, it could lead to an acquittal. 

When you go into court as your own legal representation, it doesn’t earn you any special treatment. The judge holds you to the same standards they hold a licensed lawyer to. Additionally, they expect you to know how a trial functions. 

One of the biggest hurdles for self-representation is the attempt to examine witnesses and introduce evidence. Across the criminal justice system, there are rules in place that establish how to question a witness. 

Without experience, it often seems counterintuitive. The same is true of physical evidence. Oftentimes, you have to know about a specific rule tied to a piece of evidence in order to admit it. When you don’t have this knowledge, key evidence gets thrown out. 

Additionally, there are scientific issues at play in some DWI cases. As an experienced DWI attorney, Herman Martinez knows when these issues work to your advantage. Oftentimes, a DWI case boils down to how alcohol affected you. With a thorough understanding of the science, there’s the potential to show a jury you simply weren’t intoxicated. 

The Consequences of Self-Representation

If the conviction holds, you receive no leniency for your attempt to act as your own attorney. This puts you at great risk, especially in a state like Texas. Even for a first-offense DWI, you face fines up to thousands of dollars as well as jail time. Additionally, you lose your license for an extended period of time. 

What people don’t consider is that the consequences of a DWI extend long after the sentence ends. Oftentimes, prospective employers and landlords look to background checks to make their decisions. When they see a DWI conviction on your record, it costs you housing and employment opportunities. 

As a Houston criminal lawyer, Herman Martinez keeps this at the forefront of his mind whenever he represents Houstonians. This is because a DWI conviction affects more than potential situations. It also has the potential to lead to the loss of your current job. 

Moreover, you lose your ability to maintain a pilot’s license, nursing license, or medical license. When you choose to represent yourself in court, you put a lot on the line. 

How Much Does a DWI Attorney Cost?

When you need to hire a Houston criminal lawyer, the cost varies with the circumstances of your case. This is because some cases require more resources or time. However, it is typical for the cost to run in the thousands of dollars. 

Typically, DWI defense attorneys charge fees in one of two ways: flat fees or hourly rates. With an hourly rate, your attorney tracks the amount of time they spend on your case. In the end, they send you a bill based on their time spent. 

Some attorneys handle cases for a flat fee regardless of what it costs. Additionally, other attorneys offer tiered pricing where your fee ranges depending on the extent of your case. However, attorneys often offer free case evaluation sessions. These provide you with the opportunity to evaluate them and get an idea of what to expect. 

A Good Defense Attorney Is Worth Every Cent

When it comes down to money and legal bills, you have to compare the costs relevant to how a conviction impacts your future. The money you spend on an experienced, expert Houston criminal defense lawyer is an investment in your future. When you hire an attorney, they are your advocate. 

Truly, the best advice for handling a DWI case in court is to hire a certified DWI defense attorney with experience and a good record.

If you face a DWI conviction in Houston, the Martinez Law Firm is here to help you. Herman Martinez is an experienced Houston criminal lawyer with a solid track record. Moreover, he always keeps the best interest of his clients in mind as he pursues the best possible outcome for their case.  

With decades of experience in the criminal justice system and experience as a former prosecutor, he understands how both sides analyze a DWI case. To discuss your future, schedule a free consultation with our team today. 

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DWI Convictions

How a DWI Conviction Can Ruin Your Life

A DWI conviction has the potential to devastate a person’s life. Unfortunately, people often don’t realize how seriously Texas takes driving while intoxicated (DWI) cases. The punishment that comes with a conviction is quite severe. 

Below, we take a look at how a conviction impacts someone’s life after a single DWI arrest. It’s an important reminder of the severity of the consequences. Moreover, it shows how these consequences last well beyond the end of any suspensions or jail time. 

Still, it’s also important to remember that there’s still hope. When you face a DWI charge, you have an opportunity to protect your future. With an experienced Houston DWI lawyer on your side, you have an advocate working in your best interests. 

When you take the right steps after a DWI arrest, don’t give up hope. You have a chance to fight for a better future. All it takes is a call to schedule a free consultation with our Houston DWI defense attorney. 

An Unfortunate Example of a DWI Conviction in Texas

The story we want to examine is the story of a man in Brazos County. With a DWI conviction and conviction for the assault of a family member, the man now faces seven years in prison. Seven years in prison is enough to change your life forever. It destroys your reputation, finances, family relationships, career, and more. 

Moreover, it means completely starting over when you eventually get out. Ordinarily, someone doesn’t receive seven years in prison for a first-time DWI. In fact, this story is far more complex due to the assault and violence charges. All of this together accumulates into an arrest and sentence of seven years. 

However, it all starts with a single DWI charge, which snowballs over years as transgressions mount. 

Aggressive Defense Against DWI Charges

When you face a DWI conviction, it’s important to find the best way to keep that charge from ruining your life. To start, it’s essential to find an experienced Houston DWI lawyer to represent you in your case. As your advocate, they fight to minimize charges or dismiss them entirely. 

Oftentimes, the essential question in a DWI case isn’t about conviction. While beating the charge is crucial, there are often other factors at play. The larger question involves collateral consequences of the charge, such as a suspension of your driver’s license or loss of a professional license. 

With aggressive representation from a Houston DWI defense attorney, you have the potential to avoid these consequences. Our team fights to protect your rights and your future, always working to pursue the best possible outcome for your particular case. 

Work Diligently Towards a Better Future

While we don’t know the extent of the issues plaguing that Brazos County man, it’s important to understand how important rehabilitation is. When it comes to the long-term impact of a DWI conviction, rehabilitating yourself and your image is essential for mitigating the impact of the charges. 

From substance addiction to vocational issues, it’s important to work earnestly towards repairing your life. With an arrest on your record, showing a true change helps a DWI attorney fight to expunge or seal your record. This is a great step towards reclaiming your future. 

Oftentimes, people are able to weather a crisis when they keep their house in order. This includes serious DWI charges. With an advocate on your side, you gain insight and guidance on how to address the long-term impact of a DWI from a legal standpoint. 

Avoid a DWI Conviction with an Experienced Houston DWI Lawyer

Again, it’s essential to remember that anyone facing DWI charges has an opportunity to fight to protect their future. Your best chance is to work with an experienced criminal defense attorney to defend and beat the DWI charge. 

Additionally, after a conviction, diligent work towards a better future helps prove rehabilitation and gives you an opportunity to petition for expungement or a sealed record. To better your odds in both these situations, it’s crucial to partner with a Houston DWI defense attorney. 

At The Martinez Law Firm, we understand how to protect our clients’ futures. Let us show you how to fight for the best possible outcome in your case. Schedule your free consultation to see how you can preserve your future. 

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How Long a DWI Stays On Your Record in Texas

If you want to know how long a DWI stays on your record in Texas, you know how serious a conviction is. Likely, that’s why you searched for information about DWIs (driving while intoxicated) or a Houston DWI lawyer. 

The short answer for how long a DWI stays on your record is “forever.” However, it’s important to understand that certain cases qualify for expungement. Otherwise, it remains a permanent part of your criminal record. 

In Texas, there’s no “washout period” for a DWI conviction. That’s why you need an experienced Houston DWI defense attorney on your side. If you face a DWI conviction, schedule a free consultation with our criminal defense law firm today. Those arrested for a DWI need to act quickly!

What If It’s My First Offense?

Unfortunately, there’s no difference when it comes to how long a DWI stays on your record. Whether your first offense or more, the only change is to the severity of the consequences. 

With a DWI on your criminal record, you face a major impact on your life. 

• Fewer career prospects 
• Limitations on the type of job you can apply for 
• Your ability to earn income in general 
• Owning a firearm 
• Insurance premiums increase 
• Immigration status for non-citizens 

Moreover, a conviction potentially means jail time and the loss of your license. To many people, this all sounds harsh. However, Texas takes drunk driving seriously, and the consequences are severe at every level. 

When you face DWI charges, you need to work with a Houston DWI lawyer who strives for the best possible outcome in your case. From reduced charges to dismissal and expungement, a good attorney knows how to work every angle of your case.

Accessing Conviction Data in Texas

In Texas, anyone has the option to search, attain information on, and study your records. Under the Texas Public Information Act, it’s a public right. 

In the state of Texas, it is likely your DWI stays on your record indefinitely. Generally, only non-conviction data gets erased from anyone’s record. This means dismissal or winning your case. 

When you apply for certain jobs, you have to list your DWI conviction on the application. Oftentimes, this means rejection for many people.

Expungement: What Is It?

Expungement refers to the erasure of your data from your criminal record. It is also known as expunction. 

Under Chapter 55 of the Texas Code, this erasure is possible but often quite difficult. Expunging a DWI record requires an application to the governor and a petition. Additionally, there are specific conditions to meet for eligibility. 

In Texas, a first or second DWI defense is a Class A or Class B misdemeanor. 

Per expunction laws, this means it is no longer a viable option until around a year after the conviction. 

However, a good attorney knows how to build a case with a stronger chance of having a judge overrule this requirement. For many cases, a DWI stays on your record until a judge dismisses the charges against you. 

Deferred Adjudication When a DWI Stays on Your Record

When there’s concern a DWI stays on your record, deferred adjudication is another possibility. Essentially, this is similar to a plea bargain made with a prosecutor. When you meet a set of requirements over a specific period of time, they dismiss your case. 

Typically, this is only possible for first-time DWI offenses a judge feels deserve a type of probation. Effectively, they dismiss your case when you plea guilty or no contest. 

However, failing to meet the terms of this agreement or receiving another charge in a specific period of time, you automatically receive a conviction. 

Wondering Whether a DWI Stays On Your Record? Call for a Free Consultation

When a DWI stays on your record in Texas, you face severe short-term and lifelong consequences. Your best option is to work with an experienced Houston DWI lawyer. 

Luckily, you remain innocent until proven guilty. With an advocate on your side, you have a better chance at dismissal or reduced charges. 

With decades of experience, our DWI defense attorneys know how to defend you against DWI charges. At your free consultation, we assess your case, examine the evidence, and search out a way to pursue the best possible option. 

While a DWI looks bad, you have a chance to find a strong defense against the prosecution. When the evidence is insufficient, flawed, or inconsistent, we fight to have your case thrown out. 

It’s important to remember that you still have hope! Contact us today to schedule a free case evaluation with Houston DWI lawyer Herman Martinez.