When you want to contest DWI charges, your best bet is to find a Houston DWI lawyer. With an experienced attorney, you have an advocate on your side. Your legal team guides you through the process and offers insight into your case. Schedule a free consultation with a DWI defense team today. 

A driving while intoxicated (DWI) charge is generally a misdemeanor for the first offense in Texas. However, these consequences are more severe than other misdemeanor charges. In many cases, a conviction comes with jail time, fines, administrative fees, and a suspension of your driver’s license. 

Contesting DWI Charges

In order to avoid the harsh penalties of these charges, this short guide offers advice to contest DWI charges. It requires an adequate defense and extensive knowledge of DWI laws and processes. That’s why a DWI lawyer is a great option to avoid these charges. 

Whether you represent yourself or work with an attorney, it’s good to have an understanding of your situation. Below, we offer some helpful hints to build a defense against DWI charges. 

Record the Details

Take note of as many details as possible. Write down everything you remember about being pulled over for the alleged DWI. Here are a few examples to consider. 

• Statements you made 
• What the officer said 
• The tests they requested 
• How the officer conducted the tests 
• Your performance in the tests 
• Additional details you remember 

When you work with an attorney, they have access to the report and investigation. However, at your free consultation, these details help them understand your case. Moreover, it offers a chance to explore the details and identify weak points. All this helps your attorney establish a defense. 

Research Field Sobriety Tests

It’s important to understand the validity of these field sobriety tests. Oftentimes, the tests police officers utilize in DWI charges are inaccurate. This offers an opportunity to contest DWI charges in court. 

With broad experience in field sobriety tests, a DWI attorney like Herman Martinez is a great asset to your case. The experience and expertise of the right lawyer offer a great deal of insight into the validity of these tests. 

Did Extenuating Circumstances Influence the Sobriety Test?

From injuries to medical conditions, an array of circumstances influence the outcome of field sobriety tests. Not everyone has perfect coordination. As such, anyone has the potential to fail certain tests even when completely sober. 

Improper Administration of Tests

When an officer does not conduct a field sobriety test properly, it’s not always valid evidence. With the right DWI defense attorney, you have someone to examine the circumstances of any test you submit to. If there’s improper administration, the court may exclude it as evidence. 

Non-Standardized Field Sobriety Tests

Some of the most well-known sobriety tests are invalid as evidence. This ranges from reciting the alphabet to touching your finger to your nose. 

Accuracy of BAC Tests

More specifically, breath tests do not always provide accurate information. In certain cases, BAC breath tests offer up inaccurate results with a wide margin of error. This margin of error leaves you room to contest DWI charges. 

Additionally, improper administration also has the potential to apply to these tests. 

Lack of Probably Cause

Why did the officer pull you over? Unless your negligence results in a drunk driving accident, the law requires the officer have probable cause to pull you over. 

Work with a DWI Lawyer to Contest DWI Charges

When you want to contest DWI charges, this guide is only a start. With this initial overview, you have an idea of what it takes to challenge these charges. However, a DWI lawyer is an essential aspect of protecting your rights and your future. 

When you work with an attorney, they review the specifics of your arrest. In doing so, they establish a foundation for your defense and build from there. Your legal team works for the best possible outcome in your case. From negotiations to lesser charges to dismissal, they find the best path forward. 

To learn more about contesting DWI charges, schedule a free consultation with a Houston DWI lawyer.

When you need to know what to do after a DWI arrest in Houston, there’s a good chance you just spent the night in jail. Typically, people want to get out and push that drunk driving charge out of their minds. Don’t make that mistake!

Following an arrest for driving while intoxicated (DWI), it’s essential that you take immediate action. When you do, you take action to protect your liberties and stay on the road legally. After DWI charges, people often don’t realize they have to deal with multiple cases. 

The case on your mind is your drunk driving charges, where the state claims you drove while intoxicated. However, the Department of Public Safety (DPS) also files charges against you to suspend your license. 

There are certain steps to take as soon as possible in order to keep your license viable. With a Houston DWI lawyer on your side, you have someone to guide you through the process. 

Step One: Find a Good Attorney

As you read this on our website, we hope you find a good attorney here at The Martinez Law Firm. Generally, though, you want to look online and read reviews. Additionally, recommendations from friends and family are always a great place to start. 

Above all else, it’s essential to meet and speak with the attorney. Because an attorney is your advocate, your future is in their hands. It’s important for you to feel comfortable and confident in your choice.

A DWI defense attorney protects you, your freedom, your license, and your future. That’s why it’s so important to meet with them.  

What to Look for in a DWI Defense Attorney

When you speak with your potential attorney, you get a better idea of their experience with DWIs. After a DWI arrest, you want someone who knows the ins and outs of DWI laws in Texas. Your attorney needs to know how to handle themselves and share information with you. 

Why is this so important? That same individual shares information with the judge and negotiates with the prosecutors on your behalf. When you don’t feel comfortable with them, it’s possible the judge and prosecutors share that opinion. 

Next, know what questions to ask. 

• Do they understand the ALR process? 
• How do they handle license suspension hearings?
• What are the consequences of your ALR hearing? 

If the attorney cannot answer these simple questions, they are not the lawyer for you. 

Additionally, ask them about BAC tests and field sobriety tests to make sure they understand the procedures and processes. Moreover, you want to get an idea of their experience with DWI cases. 

Do they know what the NHTSA manual is? They should because that is the playbook officers follow in DWI investigations. 

Lastly, ask the attorney about the possible outcomes of a DWI case. After a DWI arrest, there are several different potential outcomes. 

Ideally, the court dismisses your case. However, there are other alternatives such as plea bargains and trials. No matter the details of your case, your attorney should seek the best possible outcome. 

When they hear the details of your arrest, they should be able to provide a few options and recommendations. 

Related Reading: Key Questions to Ask a DWI Lawyer

Step Two: Save Your License

An ALR or Administrative License Revocation is the hearing with the DPS. As such, your first step after a DWI arrest is to gather all the paperwork you receive. Next, talk to a criminal defense attorney. With an advocate on your side, you have someone to guide you through the process. 

Moreover, you have someone to protect your rights. 

With a criminal defense attorney, you have someone to explain the ALR process. Why is it so important to act quickly, though? 

You have 15 days to request an ALR hearing from the date of your arrest. That’s right – 15 days. 

This is entirely separated from your court setting for the DWI charges, which might be in two weeks or a month. It’s essential to realize that you have to act quickly to attain this hearing. 

Step Three: Bond Conditions

Next, you have to find out whether you have any bond conditions. The court imposes these conditions on people in specific circumstances. For example, after a DWI arrest, the court might require you to install an Ignition Interlock Device in your vehicle. 

Your attorney examines your case to see whether there is a way to remove conditions like these. That’s another reason to act quickly and seek out an attorney. 

Other examples of bond conditions include random drug testing and reporting to court in various ways. Once you and your lawyer secure your license, it’s time to gather evidence and build your DWI defense. 

Related Reading: Houston DWI Lawyer: Worth Hiring?

Step Four: Defense

In the weeks after a DWI arrest, the decisions you make impact the rest of your life. In addition to short-term impact, it stays on your record. That’s why it’s important to hire an attorney you trust to build your defense. 

Unlike other misdemeanors, DWIs carry certain severe consequences that other charges don’t. For instance, other cases simple do not come with an automatic license suspension if you don’t comply with certain steps. 

Moreover, they don’t carry long-term effects on your potential to work, live, and drive. When you have a good attorney after a DWI arrest, you have someone to investigate your case and defend your future. 

Hopefully, you now have the tools to find the best Houston DWI lawyer for your case. 

A DWI traffic stop is no laughing matter. Truly, no one enjoys being pulled over. Those flashing lights in the rearview mirror are enough to send someone into a panic. After a couple of drinks, this is especially true. 

Texas takes driving while intoxicated (DWI) charges seriously. That means your future hinges on what’s about to happen. For law enforcement officers, pulling people over is a standard activity. However, this might be your first time seeing those flashing lights meant specifically for you. 

In certain cases, the officer uses this as leverage against you to throw you off and get you to act against your best interests. Moreover, when they suspect drunk driving, they try to have you admit to it. 

Regardless of the circumstances, though, you have rights. No matter how much pressure an officer applies in a DWI traffic stop, it’s essential to remember this. When you stay calm and understand your rights, you have a better chance of navigating these interactions smoothly. 

When Houston Police Department violates these rights, the Martinez Law Firm is here for you. 

Lawful and Unlawful Stops

First, it’s crucial to understand when police have the right to pull you over. Under the law, officers have no right to stop someone and detain them on a whim. In order to initiate any traffic stop, the law requires the officer to have reasonable suspicion that you violated a law or statute. 

Additionally, when they want to search your vehicle without a warrant or arrest you for a DWI, they have to have probable cause. 

Reasonable Suspicion

“Reasonable suspicion” is a legal standard that police officers must meet to conduct a DWI traffic stop or pull over a suspected drunk driver. Moreover, it is essential for this suspicion to be rooted in facts, not simply their gut feeling. 

When an officer has reasonable suspicion that you committed a traffic violation or are driving drunk, they can legally pull you over and detain you for an investigation. 

Still, reasonable suspicion is a lower standard relative to probable cause. As such, it’s not enough for an arrest. 

Probable Cause

“Probable cause” refers to a much higher legal standard. This is suspicion with a foundation of facts. Moreover, there are enough facts for a reasonable person to believe it as true. If an officer wants to arrest you for a DWI, it requires probable cause that you were driving while intoxicated. 

When you work with our skilled DWI lawyer, we review the facts of your arrest to determine whether you experienced an unlawful stop. When the traffic stop is illegal, we work to collect evidence to exclude from your trial. 

Depending on the details of your case, this includes physical evidence as well as chemical test results. 

Your Right to Remain Silent – With Exceptions

Anyone who watches police shows on television is probably familiar with the phrase, “You have the right to remain silent.” Under the 5th Amendment, you have protection from self-incrimination. 

This amendment prevents officers from forcing you to incriminate yourself through the threat of arrest. At a DWI traffic stop, you have no obligation to answer many questions from law enforcement. 

However, there are exceptions to this. For example, the most common exception is “failure to identify,” where an officer requests your name, driver’s license, and registration. Under Texas law, failure to provide this information is a criminal offense. 

Failure to Identify

In some instances, an officer charges people with Failure to Identify when they refuse to provide certain information. Alternatively, they might provide false information. Under the Texas Penal Code, there are two ways officers charge people with this. 

• When an officer arrests you, it is illegal to refuse to provide certain information: name, residence, date of birth, etc. 
• Under arrest or detainment or as a witness to a crime, it is illegal to provide false information about yourself. 

Under Texas law, failure to identify is a misdemeanor. The maximum penalty for this is a year in jail and fines up to $4,000. Moreover, providing false information results in far worse penalties. 

Miranda Rights

You have protection under the 5th Amendment at all times. However, only certain situations require law enforcement to inform you of your rights. When an officer places you into custody, the law requires that they read your Miranda Rights. 

However, at a DWI traffic stop or any other time they pull you over, there’s no requirement to read you these rights. Still, once they arrest you, they have no right to question you without reading off this warning. 

When you face a DWI arrest in Houston, it is wise to decline to speak with officers until you have a chance to consult a lawyer. 

The Right to Refuse Field Sobriety Tests and Chemical Tests

At a DWI traffic stop or investigation, the police may ask you to perform a field sobriety test or to submit a breath, blood, or urine sample to test your alcohol levels. However, this is a request and nothing more. 

Without a warrant, the officer has no option to force you to submit to any chemical test. Unfortunately, refusing this test has its own consequences. 

Refusing a Test

When someone refuses to submit to testing, it makes sense at the time. However, it’s important to understand the consequences. This refusal results in an automatic suspension of your driver’s license for 180 days. 

Moreover, if you have a previous DWI conviction or refusal, it extends to two years. Additionally, it’s essential to remember that the prosecution tends to point to refusal as evidence of guilt. 

Warrants

When a police officer pulls you over and has a warrant to take a blood sample, it no longer requires your permission. In Texas, there is a “mandatory blood draw statute,” which requires officers to acquire chemical samples in certain cases. 

Typically, this is limited to accidents that involve severe injuries or death to another individual. Additionally, this statute applies to people with previous felony DWI conviction or a conviction for intoxication assault or manslaughter. 

Vehicle Searches at DWI Traffic Stops

Under the 5th Amendment, you also have protection from unreasonable search and seizure from the government. When an officer lacks the probable cause to believe there is evidence in your vehicle, they require a warrant to search it. 

It’s important to remember, though, that officers have the option to seize evidence in plain view through your windows. When officers seize evidence during a DWI traffic stop, our lawyers guide you through whether or not they violated your rights. 

Unlawful DWI Traffic Stop? Contact Our Firm Today

When you face charges for driving while intoxicated, you need an experienced defense attorney to act as your advocate. Herman Martinez has extensive experience as a criminal lawyer in Houston. At our firm, we know what it takes to pursue the best possible outcome in your case. 

Our legal team is ready to help you build a solid defense for your case and protect your future. Whether your DWI traffic stop was lawful or unlawful, we fight for your best interests. 

To discuss the merits of your case, schedule a free consultation with our Houston lawyers today. 

With the right DWI lawyer, you have an advocate to help you protect your future. At Martinez Law Firm, we strive to provide our clients with the best possible outcome in every case. Call now to schedule a free consultation. 

How to Choose the Right Lawyer in Houston 

When you face DWI charges in Texas, it is a traumatizing experience. With harsh financial penalties and the prospect of jailtime, you face significant changes to your life. However, the right DWI attorney offers essential representation at a critical moment in your life. 

When you want to choose the right attorney to represent you, it’s important to take a few things into consideration. Below, we discuss a few tips to help you choose a DWI attorney in Texas with the experience, knowledge, and skills to protect your future.

Assess Your Choices

Don’t let the stress and pressure of the situation force you into a bad decision. While it is essential to act quickly after a DWI arrest, it is a very important decision for you to make. 

When you receive a “Notice of Suspension” from the Administrative License Recovation (ALR) Program, you have 15 days to save your driver’s license. That doesn’t sound like much, but it provides you with a bit of time to reach out to attorneys and compare their advice. 

As you speak with different Houston DWI lawyers, focus on the legal advice and strategy they offer for your specific case. Additionally, it’s important to take your time, check reviews of the attorneys, and see who you trust with your case. 

At the Martinez Law Firm, we offer free consultations to potential clients so that they have an opportunity to see what we do as advocates. When you want to find the right DWI lawyer for you, call our team to schedule a meeting. Let us show you how we can pursue the best possible outcome for your case. 

Should You Believe the Hype?

Oftentimes, lawyers claim to be specialists. However, they don’t always have the experience necessary to provide the representation you need. Too often, law firms make bold promises as they advertise. Unfortunately, they don’t always have the skills to offer you an effective legal defense. 

In fact, there are many attorneys who seek to make a living simply by processing cases through the system. Often, this is at the expense of their clients and not in their best interests. 

Generally speaking, a specialist focuses on the quality of your defense rather than the number of clients they represent. Typically, these specialists have their own processes for dealing with cases. With experience comes an understanding of a variety of cases and how to pursue them. 

Evaluating a Specialist

When you work with the right DWI lawyer in Houston, they tend to conduct an independent investigation of your case. As your advocate, your attorney should have the capacity to explain what steps they go through to build your defense. 

Never be afraid to ask questions at your free consultation. If a DWI attorney suggests a strategy without an investigation or a thorough understanding of your case, they might be more interested in their profit rather than your best interests. 

Ideally, the right DWI lawyer has experience building DWI defense cases on a regular basis. In Texas, DWI laws are complex, and the penalties are harsh. As the laws evolve on a continual basis, it’s essential for a strong DWI defense attorney to understand these changes. 

Even a seemingly straightforward case has the potential to overwhelm an inexperienced attorney. As such, it’s essential that you have the best representation possible. 

When you meet at your consultation, ask them for the specifics of how they handle cases and their overall success rate in recent defenses. Additionally, be sure to ask whether they are Board Certified by the Texas Board of Legal Specialization. 

Ask the Right Questions

When you face DWI charges, your life and liberty are at stake. Never be shy about asking difficult questions when you meet with a lawyer. Here are a few questions to ask to help you choose the right DWI lawyer for your case. 

What’s your experience with DWI law in Texas?

When it comes to DWI cases in Houston, experience is essential. There are many talented attorneys across Texas, but they don’t all have regular exposure to DWI cases. To find the right DWI lawyer for you, they should deal with DWI law in Texas on a consistent basis.

Do you conduct independent investigations?

As we said earlier, this question helps you understand whether someone is a DWI specialist. If they don’t talk about their processes and procedures for investigations, they might not be the right DWI lawyer for you. 

What are the potential difficulties of my case?

At your consultation, transparency is essential on both sides. Be clear and upfront about the details of your case and bring documents related to your case with you. Oftentimes, DWI cases come down to minor details that impact the integrity of the case. 

After an examination, the right DWI attorney should be able to identify potential challenges in your case. 

Who handles my case? 

Oftentimes, a law firm is busy. In some cases, this means that the attorney you speak to initially might not be the person who handles your case. If this is clear at your consultation, ask who will represent you in court.

It’s important to understand the experience and expertise of the person building your defense. Additionally, you want to make sure they treat you as a person, not a case number. 

Have you or your firm ever experienced disciplinary measures?

This questions seems a bit forward and maybe harsh. However, it’s important to understand the reputation of your attorney as you seek out the right DWI lawyer. Remember, your own reputation is on the line. 

It’s in your best interest to ensure you ask the right questions. Moreover, knowing gives you the peace of mind you need to move forward. 

What are the costs of a case like mine?

The nature of your case dictates the level of time and skill an attorney requires to build an effective defense. That helps to determine your legal fees. 

At your consultation, gain a clear understanding of your case from their legal perspective. Ask how the law firm charges their fees and whether they offer payment plans. 

It’s important to establish clear expectations about fees before you hire a lawyer to represent you. 

Looking for the Right DWI Lawyer? Schedule a FREE Consultation

Choosing the right DWI lawyer is not an easy process. However, we hope these tips help you understand the important information to gather before you make a decision. 

If you want to schedule a free consultation with our legal team, contact us today. We are happy to meet with you to discuss your charges, answer your questions, and help you build  a strong defense. 

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!

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!

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. 

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. 

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. 

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.