They are not.

Texas has decided that field sobriety checkpoints are unconstitutional and therefore the state does not implement them. In 1991, the Texas Court of Criminal Appeals decided that such checkpoints violated the Fourth Amendment’s protections against illegal searches and seizures.

What about in other states?

While field sobriety checkpoints or DWI roadblocks are not allowed in Texas, nearly 40 other states do conduct them. Sobriety checkpoints are traffic stops where police officers are stationed to check drivers for signs of alcohol or drug impairment. Law enforcement may stop vehicles randomly and are not allowed to specifically profile any car or individual.

If you happen to be driving in a state where field sobriety checkpoints are allowed, you should take precautions against being arrested at a checkpoint. Even if you are just visiting, you should always make plans to avoid getting behind the wheel after drinking.

Follow these tips if you happen to run into a DUI field sobriety checkpoint in another state: 

• Do not commit a traffic violation to try and avoid a checkpoint
• Act compliant if an officer asks for your information
• Politely decline to give the officer any incriminating facts about your evening
• Do not agree to take any field sobriety tests
• Do not consent to allow an officer to search your car

Police only require a reasonable suspicion that you have been driving while intoxicated to arrest you, so if you approach a field sobriety checkpoint, refrain from erratic driving, or from giving an officer excuses or answers about your drinking. You should keep your conversation with the officer short and polite and keep from arguing or complaining.

Free Evaluation from Our Top DUI Lawyer

Charged with DWI at a checkpoint? Call on The Martinez Law Firm in Houston for help! Receive the representation you deserve from a Top DUI Attorney, as rated by Avvo and H Texas Magazine. With over 15 years of experience, you can trust that Attorney Martinez will put his extensive knowledge to work for your case.

A free consultation is offered when you call (713) 489-9773!

Under the implied consent law, you are obligated to take a breath or blood test when a police officer charges you with a DWI. However, it is important to note that officers must have reasonable cause to pull you over, accuse you of DWI, and then request that you submit to a chemical test.

Why should I agree to take a breath or blood test?

After being arrested, an officer should inform you that if you refuse to take either of them, your license will be suspended for at least 180 days. They should also notify you that your license will be suspended for 90 days or more if a test determines your blood alcohol was more than 0.08%.

However, there are several reasons that consenting to a test can be beneficial:

• You will avoid having your license suspended outside of your DWI case
• Your attorney can argue against the test evidence in court
• You could still be found guilty even if you refuse the test
• You may immediately lose driving privileges throughout your entire case

Even when you consent to a chemical test and have a BAC over the legal limit, you can apply to have temporary and restricted driving privileges while your attorney argues your case in court. However, when you refuse to consent to a test, it can often be harder to get this license suspension overturned.

What occurs after a refusal?

When you refuse to submit to a test, an officer will have you sign a statement that says you were informed of the consequences of a refusal. You will then have your license taken by the officer in exchange for a temporary license which is only valid for the next 41 days.

After this, you will have only 15 days in which to schedule an administrative hearing to contest your license suspension. At this hearing, you will need to prove the officer did not have probable cause to stop you or that you in fact did not refuse a test or were not properly informed of the consequences.

Refusing to take a chemical test generally does not help your cause. It may appear that it does at first since a conviction and jail time is worse than a 180-day suspension, but just because you refused to take a test does not mean you cannot be found guilty.

Contact Our Top DUI Attorney

Whether you refused or consented to a chemical test and are now facing charges, be sure to reach out to our knowledgeable firm today. Attorney Martinez has over 25 years of experience defending those accused of drunk driving charges throughout Texas. In his experience as a former chief prosecutor, he knows what the other side is looking to find and how to properly defend against their tactics. With a 10.0 Superb rating on Avvo and rated as a Top DUI lawyer by multiple publications, do not hesitate to get in touch with our accomplished firm today!

Call today for your free initial case evaluation at (713) 489-9773!

A DWI charge means that if you have a blood alcohol content of .08% or above while behind the wheel, you can get arrested for a DWI.

In Texas, there are no alternatives or lesser charges to DWI, so the prosecution will be seeking the maximum penalties against you.
What are the penalties for drunk driving?
Your first DWI charge & conviction can have you put in jail for up to 180 days with fines of up to $2,000. Your license could also be suspended for up to a year.
What about a second DWI offense?
The penalties will increase, including the possibility of the following: 
Up to a year in jail
Fines up to $4,000
Two-year license suspension
Mandatory ignition interlock installation

While a second offense is still considered a misdemeanor, so long as there are no aggravating factors, a third offense is a felony. It will carry two years in jail, up to $10,000 in fines, an extensive license suspension, and mandatory installation of an ignition interlock device as well.

There is no look-back period in Texas, meaning no matter how many years have elapsed between your first and current DWI, it can still be counted against you. In addition, your insurer will likely respond to a DWI conviction by raising your premiums by a few hundred dollars a month or by dropping you entirely due to your increased risk.
Do I really need a lawyer for my case?
You should be well aware that a DWI arrest is far from a DWI conviction. When you have an attorney, they can argue against your charges by utilizing a number of defenses. They can find evidence to prove those police officers had no probable cause to pull you over, that your breath or blood test was inaccurate, or that your rights were violated in some way.

With so much at stake, you need a lawyer from The Martinez Law Firm to argue on your behalf. He is a Top DUI Lawyer as recognized by H Texas Magazine and Avvo. Representing clients throughout Houston for over 15 years, there is no case too complex. He believes that you are always innocent until proven guilty. Call today to find out how we can use our experience to benefit your case.
Free Case Evaluation

It is always to your benefit to hire a DWI attorney to handle your case. Someone who has a background in the court system understands how plea bargains work, and is able to weed through the complicated administrative procedures is a must-have if you are planning to fight your charges or seek a plea deal. While you are not legally obligated to hire an attorney for a DWI charge, you have a much better chance of obtaining a positive result for your case when you have one.

Even if you wish to plead guilty and are fairly certain of a conviction, a DWI lawyer can offer you the benefit of their experience and advise you along the way. An attorney may be able to offer a viable plea bargain in such a case.

What a Lawyer Can Offer

Your attorney may also be able to push for sentence bargaining which can be very useful when you are faced with jail time. In such a case you would be able to know what your sentence would be before you decide how to plead.

If you believe you were arrested in error and were either not intoxicated or police acted inappropriately, you most certainly need a DWI lawyer who understands how a DWI arrest should function, including the stop, field sobriety, and chemical test procedures. A DWI lawyer will know when a mistake was made in your arrest and can exploit such as a mistake. In this case, you can probably get your case dropped since the police acted improperly.

In addition to fighting your charges, a DWI attorney can help you regain your driver’s license which was likely taken from you once arrested. You will need to schedule and win an administrative hearing to contest your license’s revocation and a DWI attorney can stand beside you and advise you for both.

Having a DWI attorney is worth the cost of retaining one. When your future is on the line, an experienced DWI lawyer from Herman Martinez could make all the difference for you.

Knowing just how alcohol can affect your body can help you either avoid getting arresting for DWI or preparing you on how to act when pulled over. How much alcohol is in your bloodstream at a given time is affected by how fast alcohol is eliminated. Alcohol is eliminated when it is burned up in your body while the rest escapes through your breath, urine, and perspiration.

Alcohol makes its way into your blood by way of your gastrointestinal tract, namely, your mouth, esophagus, stomach, and small intestine. You will become intoxicated faster with an empty stomach because the alcohol has nothing to compete with it as it becomes absorbed by your stomach lining.

Where does the alcohol go?

Most people will absorb just over half of the alcohol consumed within a half-hour after drinking. Roughly 90% will be absorbed within that first hour, with the rest being absorbed after 90 minutes. The rate of absorption does depend on the quantity of alcohol consumed, concentration of the alcohol, rate of drinking, and the nature and amount of diluting material present in the stomach.

Almost all alcohol is oxidized in the liver, becoming water and carbon dioxide. The more you are accustomed to drinking, the faster it will probably be oxidized.

It may prove very helpful to be able to estimate your blood alcohol content at any time based only on the number of drinks you have, the time within which you had them, and your body weight. This can be accomplished by dividing 3.8 by your weight which will yield roughly how much your blood alcohol will increase with each drink within an hour. Bearing in mind that .08% is the legal limit, you should be able to give an educated guess to your current blood alcohol level.

This is not an exact measure, however, and you can still be arrested for suspicion of DWI no matter what your BAC. Contact an attorney right away from The Martinez Law Firm to right your DWI arrest.

Texas is known to have some of the strictest drug laws.

Possessing a certain amount of heroin could even land an individual in jail for 99 years! That is a stiff penalty in anyone’s book. With heroin use on the rise in Houston, you must understand the types of consequences and punishments you could be facing for a related crime.

As the drug becomes more readily available and affordable, the DEA has reported an uptick in the number of crimes they have seen related to heroin. They have also stated that they will be increasing the number of resources used to cut down on these drug crimes, meaning they will be swiftly charging, prosecuting, and convicting individuals when they can. Now is more necessary than ever to be informed on the penalties associated with heroin crimes.

Heroin Possession Penalties in Texas

The most common crime related to heroin is possession. This is the easiest crime for an officer to catch an individual in, making it the most frequent charge. The exact sentence will depend on a variety of factors, such as the location of your crime (was it in a drug-free zone?), if you had a firearm on you, and other aggravating details.

You will face the following possession penalties:

• Less than 1 gram: Up to 2 years in state prison and $10,000 in fines
• Between 1 and 4 grams: Up to 10 years in jail and $10,000 in fines
• Between 4 and 200 grams: Up to 20 years in jail and $10,000 in fines
• Between 200 and 400 grams: Up to 99 years in jail and $10,000 in fines

If you are charged with trafficking, distributing, or selling heroin, you will be up against even more severe consequences.

Facing heroin charges? Do not wait to contact a seasoned drug crimes lawyer! Call our firm today.

Heroin Use on the Rise: Opiate Addictions

Houston officials report that heroin use has tripled over the last year. It is the highest it has been in years in the city. DEA agents say that the drug has become so cheap that more and more people are falling into dangerous addictions. As an opiate, it is extremely addictive in nature and can easily cause death and other dangers for individuals.

As the prices for heroin drop, the number of heroin-related crimes occurring in Houston seems to rise. There have also been increases in ER visits related to heroin. The Class A drug continues to quickly pour into the city from the border of Mexico, making it far more available to individuals.

There have been 50 heroin-related deaths in the area in just the past year. It is reaching people of all ages, genders, and social backgrounds. The availability and lower cost have made it not only easy for young individuals, but also those that would have likely not used such dangerous drugs in the first place. Not only that but law enforcement report that they will be increasing the amount of finances put into controlling drug crimes, meaning that they will be cracking down now more than ever.

Get Legal Counsel Right Away

Have you been charged with a heroin crime in the Houston area? You do not have to go through this time alone! More people are finding themselves facing drug crimes that they would never expect to commit. Our firm understands this issue, especially with the increasing availability of heroin, and can help you combat your charges.

We know that everyone makes mistakes. That does not mean that you have to sit back and accept the penalties for your case! Law enforcement can make mistakes as well, often leading to arrests that violate an individual’s rights. Our firm is here to provide the defense and protection you need.

Call us today to schedule a free consultation with our Houston drug crimes attorney.

Image: Adrian Peterson, Jasen Vinlove USA TODAY Sports – © Jasen Vinlove | 2018 Nov 11

Just days after the news broke that Minnesota Viking’s star running back Adrian Peterson had been indicted by a Texas grand jury, Attorney Herman Martinez was called by WCCO Morning News anchor David Lee for his legal opinion on the case. Peterson had been accused of beating his four-year-old son with a tree branch and was charged with reckless or negligent injury to a child on September 12, 2014.

Martinez Breaks Down Adrian Peterson Case

The host of the Minnesota CBS radio affiliate conducted an interview with Houston Criminal Defense Lawyer Martinez on September 15. He asked him several questions regarding differences in child abuse laws in different states, the immediate future of the running back’s case, strategies Peterson’s defense may employ, and several other matters. David Lee, the host of the show, specifically called upon Attorney Martinez upon due to his notoriety in the legal field and his reputation as a top lawyer in Houston.

If you are facing criminal charges in the Houston area, don’t hesitate to get in touch with a defense attorney at our firm today to begin putting together a strong legal defense.

Read the full story by clicking here.

The Martinez Law Firm is proud to announce that our very own Herman Martinez has been selected as one of the winners of the
2014 Avvo Clients’ Choice Award. To be eligible for this award, an attorney must meet certain requirements that demonstrate that they are indeed client-preferred. Ultimately, the Clients’ Choice Award comes down to the reviews that an attorney has garnered on the popular legal website.

To be eligible to receive this award:

the lawyer must have a minimum of 5 reviews with at least 4 stars; these reviews must have been posted within the last 12 months, with at least one coming from the same calendar year.

As an attorney who has been rated 10.0 out of 10.0 ‘Superb’ on Avvo, Attorney Martinez prides himself on providing legal service that is aggressive and effective. His clients agree. To see for yourself the type of reviews that he has received over time, just click here to go to his Avvo profile. There, you will find nearly 30 reviews from past clients and more than 10 endorsements from his peers in the legal industry.

Examples of the type of reviews you will find include the following:

• “Mr. Martinez helped me get my life on track!”
• “Most of all, he was very honest and sincere…”
• “Herman Martinez is the best investment we’ve made!”

It is these types of glowing testimonials that allowed Attorney Martinez to win such a prestigious award, and we are honored to be seen as a
client-preferred law firm in the Houston area. If you would like to learn more about what it is like to work with our
criminal defense law firm—and if you are interested in seeing the difference we can make in your case—please do not hesitate to reach out and contact us today!

Have you been arrested for drug possession in Houston?

If you have been arrested for drug possession, we advise you to hire a Houston criminal defense lawyer from The Martinez Law Firm at once. The legal counsel you choose will have a direct impact on the outcome of your case. You must hire a lawyer experienced with defending drug crime cases, like Herman Martinez. Our firm has received numerous accolades over the years for our hard work and dedication. H Texas Magazine has included our lead lawyer in the list of the “Top Criminal Defense Lawyers.”, which we are very proud of. We are aggressive advocates for the rights of those individuals who have been arrested or charged with drug possession or any other alleged drug crime.

We understand the serious ramifications this type of arrest can have on an individual’s lifestyle, career, family, and future. This meaning that we are committed to providing clients with personalized attention their case deserves.

We work one-on-one with our clients!

Our clients are constantly kept abreast of how their case is progressing and what actions we are taking in their defense. If you are arrested for drug possession, you can trust that we will be unrelenting in our pursuit of justice. We will stop at nothing to help you achieve a positive outcome in your case.

If you have been arrested for drug possession you could be facing very serious charges and penalties. Drug possession can be charged as either a misdemeanor or felony offense, depending on the type of drugs and the number of drugs found in your possession. It does not matter whether the drugs were yours or not, if the police found them in your possession, you are at risk. In cases where a significant amount of drugs are found or the police believe the drugs are being given away or sold, you could be facing much harsher charges and penalties.

Our lawyers are here to help you defend your rights.

We will work hard to get you a reduction in charges, a dismissal of charges, or, if your case goes to court, an acquittal at trial. Call our firm today to schedule a free consultation.