What happens after a DWI arrest in Houston?

After a DWI arrest in Houston you will be booked and given a court date. You have exactly 15 calendar days to request an ALR hearing to challenge your license suspension under Texas Transportation Code §724.041. Missing this deadline results in automatic suspension.

Can a Houston DWI be dismissed?

Yes. A DWI in Houston can be dismissed if there are issues with the traffic stop, probable cause, breath or blood testing errors, or improper police procedures. Herman Martinez has secured numerous dismissals through detailed evidence review and suppression motions.

Why hire a former prosecutor for a DWI case?

A former prosecutor understands exactly how the state builds its case. Herman Martinez served as Chief Prosecutor for Harris County and uses that insider knowledge to anticipate the prosecution's strategy, identify weaknesses, and negotiate better outcomes.

What are the penalties for a first-offense DWI in Texas?

A first DWI in Texas (Texas Penal Code §49.04) is a Class B misdemeanor: up to 180 days in jail, fines up to $2,000, license suspension of 90 days to 1 year, and annual surcharges of $1,000–$2,000 for 3 years.

Will I lose my driver's license after a DWI in Houston?

If you fail or refuse a breath or blood test, your license can be suspended automatically - 90 days for a failed test or 180 days for a refusal on a first offense - unless you request an ALR hearing within 15 calendar days of your arrest.

Can breath or blood test results be challenged?

Yes. Breath tests can be challenged for Intoxilyzer 9000 calibration errors and partition ratio variance. Blood tests can be challenged for chain of custody failures and lab handling errors. Herman Martinez routinely reviews all testing records to expose flaws.

How long does a DWI case take in Harris County?

Most DWI misdemeanor cases in Harris County resolve in 3–6 months. Felony DWI cases requiring grand jury indictment can take 6 months to 2+ years. Proactive defense - filing motions early, pursuing the ALR hearing - helps move your case forward.

Does The Martinez Law Firm handle cases in Spanish?

Yes. Se habla español. Herman Martinez serves both English and Spanish-speaking clients facing DWI or criminal charges across Houston and Harris County.

How long do I have to request an ALR hearing in Texas?

You have exactly 15 calendar days from the date of your DWI arrest to request an ALR hearing under Texas Transportation Code §724.041. Missing this deadline results in automatic license suspension with no opportunity to contest it.

What is the difference between DWI and DUI in Texas?

In Texas, DWI (Driving While Intoxicated) applies to adults 21 and older with a BAC of 0.08% or higher, or who are impaired by alcohol or drugs regardless of BAC level. DUI (Driving Under the Influence) is a separate, lesser charge reserved for minors under 21 with any detectable amount of alcohol. DWI carries heavier penalties.

How much does a Houston DWI attorney cost?

DWI attorney fees in Houston vary based on the specifics of your case, including prior offenses and whether the case goes to trial. The Martinez Law Firm offers a free initial consultation so you can discuss your case and receive a clear, honest fee estimate with no obligation.

I already have a lawyer - can I still get a second opinion on my DWI case?

Yes. Herman Martinez regularly reviews cases already in progress, including plea offers that have already been made, and will tell you honestly whether a stronger defense is available as a former Harris County Chief Prosecutor.

Blog – Page 3 – The Martinez Law Firm

Herman Martinez

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