Houston DWI lawyer 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. 

DWI convictions explained by houstons own criminal defense attorney Herman Martinez

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. 

How long will a dwi stay on my record in texas? houston dwi lawyer herman martinez

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. 

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. 

DWI-and-insurance-rates-Houston-dwi-lawyer-herman-martinez-explains

When it comes to an arrest for DWI and insurance rates, you may wonder how a conviction impacts your premiums. In the state of Texas, someone who causes a car accident must pay for the damages to the other person’s property. Additionally, you need to prove you have the ability to pay for these damages in order to lawfully operate a motor vehicle. 

For many people, this comes in the form of car insurance and liability insurance. Your liability insurance covers damages such as repairs to the other vehicle, medical expenses, and potentially even lost wages. On its own, car insurance can be quite expensive. Unfortunately, a conviction for driving while intoxicated (DWI) causes those costs to rise significantly. 

Any Houston DWI lawyer will tell you that increased insurance premiums are only one example of how a DWI impacts your life. Still, it’s important to remember that an arrest is not a conviction. You have an opportunity to defend yourself. 

With the right DWI defense attorney, Houston drivers have a chance to have the charges dropped or reduced. In certain cases, an experienced attorney can win an acquittal at your trial. If you need a Houston DWI lawyer, Herman Martinez’s results speak for themselves. Schedule a free consultation today to see how our team will fight for you. 

Minimum Requirements for Car Insurance in Texas

In Texas, drivers must comply with the financial responsibility law mentioned above. To do so, you must purchase a minimum amount of liability coverage. So ing as you provide this minimum, you are in compliance. 

In Texas, the minimum limit is $30,000 for every person injured – up to $60,000 per accident. Moreover, your policy must provide at least $25,000 for property damage. Oftentimes, we refer to this coverage as 30/60/25. 

Additionally, you have the option to purchase more than this minimum. For some, it’s a good idea to invest in robust coverage. This is because newer vehicles cost more than $25,000. Moreover, in a major car accident, medical costs rise well above $30,000 per person. While your liability insurance covers costs to a point, the damages beyond the limit are on you. 

On another note, it’s important to remember that this policy covers liability alone. This means it does not cover your injuries or damage to your vehicle. After a car accident, comprehensive coverage removes a great deal of pressure. 

Average Costs of Insurance Rates in Houston, TX

On average, Houston drivers face higher liability insurance costs than many others in the State of Texas. According to one study, Houston drivers pay an average of $930 each year to cover liability insurance. Across Texas, the average for other drivers is about $677 per year. 

In a general sense, this study shows that insurance rates are higher in urban areas. Annual premiums in larger cities are $200-300 more expensive annually. In part, this is due to the commuter culture in cities like Houston. 

Oftentimes, people spend more than an hour commuting one-way to work each day. With a population spread across the Greater Houston Area, it’s not difficult to see why costs are higher. 

DWI and Insurance Rates

You might already know that a DWI conviction carries consequences like fines and jail time. However, did you know that after a conviction of DWI, insurance rates rise significantly? 

According to a study, insurance premiums go up significantly following a DWI conviction across the Unites States. The increase varies by state but ranges from 28% to 371%. On average, insurance rates in Texas increase by 59%. 

However, in certain cases, your provider might drop your coverage completely. For many providers, a single DWI conviction is enough to cancel or non-renew your policy. This leaves you in a lurch as you struggle to find new coverage. 

This makes things worse because a canceled policy similarly leads to an increase in premiums. Additionally, a DWI in Texas stays on your record forever unless you work proactively to remove it. Unlike other states, Texas does not have a “washout period” that takes a DWI off your records. 

That means DWI and insurance rates have an extensive impact on your life. Luckily, a Houston DWI lawyer with decades of experience knows how to remove a DWI from your record and request expunction. Still, the best way to keep your driving record clear is to avoid the conviction altogether. 

In Houston, DWIs are defensible. At The Martinez Law Firm, we have the expertise and experience necessary to fight for an acquittal. Schedule a free case evaluation today to see how our DWI defense team can help. 

DWI and Insurance Rates Are Avoidable

While increased liability insurance costs vary across Texas and by an array of other factors, the end result is always a higher premium. Like most people, that 59% increase in your liability premium probably breaks your budget. Luckily, a DWI arrest does not mean your premiums go up. 

You have options when your hire a Houston DWI lawyer like Herman Martinez. It’s possible to win your case and avoid conviction and consequences. However, you need someone with the right experience who knows how to pursue the best possible outcome. 

If you face DWI charges in Houston, our DWI defense team is ready to help. Herman Martinez has decades of experience working in Houston and Harris County. We approach every case in a unique way because no case is the same. 

Let us show you your best path to avoid a future of DWI and insurance rates. Schedule your free consultation today. 

how to reinstate my drivers license in texas after a dwi? - herman martinez - criminal defense attorney explains

“How do I reinstate my driver’s license after a DWI?”, people often wonder. After you serve the suspension, there’s a specific series of steps to follow in order to reinstate your Texas driver’s license. This process includes the payment of fees, filling out paperwork, and getting a new license. 

Texas takes drunk driving quite seriously. Oftentimes, convictions result in administrative and criminal suspensions. Unfortunately, you have to wait until both suspension periods are over before you can get a new license. 

If you have questions about reinstating your driver’s license after a DWI, contact our Houston DWI lawyers for a free consultation today. 

Reinstating a Driver’s License After a DWI: The Requirements 

Before you’re able to get a new license, there are several tasks you must complete. 

In Texas, you can simply pay your fees online in addition to submitting your paperwork via email. Alternatively, you have the option to submit a check along with your paperwork through the mail. However, it’s important to keep in mind that either way, this process can take up to three weeks. This means you may have to wait 21 days or so before you can pursue a new Texas driver’s license. 

Once all these steps are complete, you are eligible once more for a driver’s license. At this point, you can fill out the necessary paperwork and take it to your local DPS office to reinstate your driver’s license after a DWI.

Get an Occupational License After a DWI 

For many people, not being able to drive is the most daunting consequence of a Texas DWI. Houston is a driving city, and many people need cars to commute to work and school or to get groceries and feed their families. Luckily, there is one way to help some people get access to a temporary license during suspension. 

Some people who receive DWI suspensions are eligible for an occupational license. Also known as an essential needs license, this temporary license is a restricted permit that allows you to drive a non-commercial vehicle for certain activities. 

With an occupational license, you can continue to work, attend school, and care for your family during your DWI suspension period. This applies to both administrative and criminal suspensions. 

If you’re interested in pursuing an occupational license, contact us today to schedule a free consultation with our Houston DWI lawyers. At your consultation, we can provide more information on what happens if you drive during a suspension as well as information on Texas laws pertaining to temporary licenses. 

Avoid a DWI Suspension with a Houston DWI Lawyer 

If you face DWI charges in Texas, the DWI defense team at The Martinez Law Firm is available to help you fight the allegations against you. There is a tight deadline to appeal administrative license suspensions and build a solid defense strategy. However, we have the knowledge and expertise required to help you pursue the best possible outcome of your case. 

You only have 15 days following your arrest to appeal an administrative DWI suspension. That’s why it is essential to act quickly. Call on our team as soon as possible and let us fight for you. As your advocates, we fight to protect your rights and help you avoid driver’s license suspension. 

We work to: 

Our Houston DWI lawyers know how police and prosecutors handle DWI cases. More importantly, we know how to build a strong defense for your case. At your free consultation, we can review your case and get started on your defense today. 

Want to Reinstate Your Driver’s License After a DWI? Schedule a Consultation Now

Whether you face DWI charges or need to reinstate your driver’s license after a DWI, the criminal defense attorneys at The Martinez Law Firm are here to help. We understand how important driving is in a place like Houston, and we strive to help you keep or regain your license. Let us be your advocates in administrative and criminal trials.

Contact us today to schedule a free consultation with our Houston DWI lawyers. 

aggrivated dwi - martinez law firm - criminal defense attorney - houston

In Texas, an enhanced DWI charge takes harsh consequences and makes them harder on you. When charged with a DWI in Texas, you already face the potential of steep fines, community service, increased insurance requirements, and even jail time. When other factors impact your case, the court has the option to increase those penalties quite drastically. 

Whenever present, aggravating factors give the court reason to enhance your sentence if they convict you. There are a few common aggravating factors that impact Texas DWI cases, and we’ll cover them here. 

If you face DWI charges, you need a Houston DWI lawyer who understands the court systems. As your advocates in and out of court, we work to reduce or dismiss your charges, always fighting for your best interests. Contact us today for a free consultation!

Enhanced DWI: Common Factors That Enhance Charges 

Prior DWI Convictions 

With a prior DWI conviction on your record, the minimum jail sentence associated with your charge increases. Texas law takes driving while intoxicated (DWI) cases very seriously. The public policy behind this increase assumes that with a prior charge on your record, you didn’t learn from your last conviction. 

However, when you have the right Houston DWI lawyer on your side, you have an advocate to keep your charges down from enhanced DWI. When possible, we work to keep prior convictions out of consideration. 

Open Container of Alcohol in the Vehicle 

If an open container of alcohol was found in the vehicle you were operating while intoxicated, you face a potential mandatory six-day jail sentence. Separate from a DWI, driving with an open container of alcohol is its own crime. Unless you are underage, this typically results in a fine. 

Underage Drinking

Per Texas law, there are two types of charges associated with intoxication: driving under the influence (DUI) of drugs and driving while intoxicated (DWI). DWI applies to drivers aged 21 or older who are driving drunk. 

DUI charges apply to underage drivers who drive under the influence. This is because an underage driver does not need to be legally intoxicated in order to face charges. Moreover, they may face additional charges pertaining to underage drinking. 

Elevated BAC 

In Texas, a high BAC can elevate your charge to an aggravated DWI. When your blood alcohol content (BAC) level was .15 or higher, the court might charge you with a Class A Misdemeanor. As your advocate, a Houston DWI lawyer will fight to protect your rights in the courtroom. 

Our DWI defense team will analyze every aspect of your case to ensure the arresting officer followed proper procedure. When we find any flaws or discrepancies in the process, we use these to your advantage.

Minor in the Vehicle 

When you have a minor under the age of 15 in the vehicle while drunk driving, you face a felony DWI. As you can imagine, the consequences for these aggravated DWI charges are quite dire. When you face a felony DWI, it is essential that you hire an experienced Houston DWI lawyer with a proven track record for success. 

Causing Accidents and Injuries 

When drunk driving results in an accident that leads to a severe injury, the penalties you potentially face grow much harsher. 

Enhanced DWI? Call on the Houston DWI Lawyers at Martinez Law Firm

When it comes to enhanced DWI charges in Texas, the State provides courts with many opportunities to enhance the penalties of your case. Your sentence may hinge on a broad spectrum of circumstances and facts within your case. That’s why it is crucial that you have an experienced Houston DWI lawyer on your side to protect your rights and your future.  

Have you been arrested for a DWI in Houston? Our criminal defense attorneys are here to help you. When you schedule a free consultation, we advise you on the best course of action. Our defense team guides you throughout the process so that you fully understand the details of your case.

Schedule your free consultation today to see how Martinez Law Firm can protect you!

How Does a DWI Affect Car Insurance in Texas? - criminal defense attorney herman martinez of houston

How Does a DWI Affect Car Insurance in Texas?


As Houston DWI lawyers, our clients often wonder how a DWI affects car insurance rates. It’s important to understand that a DWI conviction guarantees your car insurance premiums will never be as low as they were before your conviction. This is because insurance centers around risk management.
If you are found guilty of driving while intoxicated (DWI), insurance companies label you as “high risk.” Additionally, they can restrict certain coverage as well. A DWI conviction comes with numerous long-term consequences. Worse than increased rates, though, is the potential that an insurance company may cancel your policy once a DWI is on your record.
After conviction, a DWI appears on both your driving record and your criminal record. This tells insurers that you put their policyholders at risk of having to settle a substantial personal injury claim or even a wrongful death suit. Should they decide to cancel the policy of a drunk driver, they view it as a way to protect themselves and their other customers.
That’s why you need an experienced Houston DWI defense attorney to fight for your best interests. When you schedule a free consultation with our legal team, we review your case and help guide you through the process. However, it’s essential that you act fast.

What’s an SR-22?


Today, most states require insurance companies to provide the Division of Motor Vehicles that someone secures vehicle insurance after a conviction. Typically, the procedure is for the company to forward an SR-22 Proof of Insurance Certificate before the DMV revokes a suspension of your driving privileges.
From then on, if the policy lapses or is canceled by any means, the state is notified, and you will be legally unable to drive until you once again secure an insurance policy. However, it is important to understand the SR-22 itself is not an insurance product. This certificate simply indicates financial responsibility, and the actual requirements differ from state to state.

Lower Your Premiums with Proactive Work


A convicted drunk driver can take certain actions in order to lessen the financial burden of their insurance premiums. After a DWI conviction, it’s vital to maintain a clean driving record. This includes any minor infractions, such as speeding. However, it is crucial that you do not drink and drive again because it only exacerbates your legal and insurance issues.
One thing you can do is enroll in a safe-driving course and forward the information to your insurance company after you complete the class. Another way to combat these costs is to work towards improving your credit score by paying bills on time and working to lower your debt. These actions can have a positive impact on your premiums.

Work with a DWI Lawyer to Save Your Car Insurance


A DWI conviction is not the end of the world, but it drastically alters your life. Outside of higher auto insurance premiums, you face fines and potential jail time. With a DWI on your record, it can also make finding work or a place to live far more difficult. Positive steps help, but the most positive thing you can do after a DWI arrest is to call on a Houston DWI lawyer.
With the right DWI defense team on your side, you have advocates to pursue your best interests. At The Martinez Law Firm, we have decades of experience helping individuals reduce or even dismiss DWI charges. Results vary from case to case, but our team understands the process inside and out. Call now to schedule a free consultation. Let us show you how to fight for your future.

Will my DWI Case Cause Me to Get an Ignition Interlock Device?

An ignition interlock device (IID) may be an unfortunate consequence of a driving while intoxicated (DWI) charge. DWIs are unique charges because sentencing incorporates many different conditions. Installing an IID is just one possibility. For those who are repeat DWI offenders, it is most likely that a judge will order the installation of the device.

What Is an Ignition Interlock Device?

An ignition interlock device is quite similar to a breathalyzer. However, the key difference it is in your car. When installed, this device requires that you submit a breath sample before you can start the car. The purpose of the device is to deter DWI offenders from drinking alcohol. Whenever the device any alcohol, it locks down the engine.

These devices are a hassle for daily life, not to mention both embarrassing and expensive. When sentenced to install the device, you are expected to pay for the installation as well as the monthly rental costs. That’s why it is so vital for you to have an experienced Houston DWI lawyer on your side. With the right representation, you lawyer is an advocate who can fight to reduce your charges and help you avoid costly punishments like the IID.

Texas Law and IIDs

As we’ve mentioned before, Texas takes drunk driving very seriously. The DWI laws concerning the ignition interlock device are located under the Transportation Code and Penal Code. Oftentimes, first-time offenders do not face an IID penalty. Some judges consider a first-time DWI as an uncharacteristic lapse in judgment and allow some leeway. However, it is vital that you have a Houston DWI lawyer on your side to fight for the best potential outcome.

For repeat offenders, Texas Penal Code § 49.04(h) states that a second or subsequent DWI within 5 years of your first offense requires the installation of an IID. Moreover, it requires the installation of an IID on every operable vehicle that you own. This means you face mounting costs that you have to bear for months to come.

Aggravated DWI cases may lead to the installation of an ignition interlock device as well. Circumstances such as child passengers or a BAC of .15 turn a DWI into an aggravated DWI. When you are charged with an aggravated DWI, judges are more likely to impose IID requirements.

Vehicles You Might Be Able to Drive Without an IID

Your Houston DWI Lawyer and Ignition Interlock Devices

When you or someone you know is charged with drunk driving, it is vital that you seek out experienced legal counsel. In Texas, a DWI is serious charge with severe consequences that range from fines to incarceration. Moreover, you could wind up with an ignition interlock device that restricts your ability to move freely through Harris County.

Call on the expert team at The Martinez Law Firm to speak with an experienced Houston DWI lawyer. At our criminal defense firm, we understand the ins and outs of Texas DWI cases. Our criminal defense attorneys know how to evaluate cases and map out defense plans that work. Contact us today to schedule a free consultation and learn more about your options.

At The Martinez Law Firm, we represent clients throughout Houston and Harris County to ensure they have the advocacy that DWI charges require. Reach out today and let us show you how can protect your future.

Houston DWI case

I Don’t Know Where to Go for My DWI Case

If you face a Houston DWI case, it often comes with intense pressure. Because a conviction can cost thousands of dollars and the loss of your license, the stakes are incredibly high. However, this is likely only the beginning of your stress. If this is your first arrest, the entire process may seem overwhelming, daunting.

With dozens of courts in and around Houston, it’s hard to know where you’re supposed to be. You likely have a lot of questions, and our DWI defense team has the answers. While this post provides a general overview of what you might expect, it’s important that you schedule a free consultation with our team. You need to know your options, and we can offer key insight into the process.

The Court System in the Houston Area

How your Houston DWI case processes depends on the county in which you were arrested. As the 4th-largest city in the United States, Houston’s population spreads across multiple counties with people often commuting or traveling through and between them. Each county has its own set of courts, and the ways in which they process can vary drastically. The three largest counties in the area are Harris, Montgomery, and Fort Bend.

By far, Harris County is the largest, with over 4 million residents – more than the other nearby counties combined. Fort Bend is the second largest with over 500,000 residents, and Montgomery is third, with over 455,000.

Courts Hearing Houston DWI Cases in Harris County

With millions of residents, it’s no surprise that the court system in Harris County is quite vast. Which court hears your case depends in part on whether you are charged with a felony DWI or a misdemeanor.

Criminal Courts

When you are charged with a misdemeanor DWI, your case is often assigned to a Harris County Criminal Court of Law. These courts have exclusive jurisdiction over Class B misdemeanors. Additionally, they cover Class A misdemeanors with fines that do not exceed $4,000. Harris County has 16 criminal courts, and they are housed in the Harris County Criminal Justice Center downtown.

S.O.B.E.R. DWI Courts

Among the Harris County Criminal Courts at Law, 5 are designated as S.O.B.E.R. DWI Courts. An acronym for Saving Ourselves By Education and Recovery, this is a DWI program exclusive to the county. It operates as a rehabilitation program for offenders with a high-risk DWI. Through this program, you might substitute incarceration with a treatment program. Not every defendant qualifies, and this program is voluntary.

It is crucial to understand that even when eligible, this program is not for everyone. It requires strict adherence to the rules and the terms set forth by the court. Otherwise, you risk jail time. While these courts appeal to many individuals, it is not always in your best interest to participate in the program. Before you enter any type of plea in a Houston DWI case, it is essential that you consult an experienced Houston DWI lawyer like those at The Martinez Law Firm.

District Courts in Harris County

When you are charged with a felony DWI, or any felony involving alcohol, your case is sent to the Harris County District Courts. These courts hold exclusive jurisdiction over felonies that carry a prison sentence longer than 180 days. There are 22 of these courts in Harris County.

Work with an Experienced Houston DWI Lawyer

Are you facing a Houston DWI case? Figuring out how to move forward when arrested for a DWI is a difficult undertaking. However, you do not need to face these charges alone. At The Martinez Law Firm, our DWI defense attorney knows how to guide clients through the Houston criminal justice system and has decades of experience doing so. When you need a DWI lawyer, our credentials are unmatched.

You need someone well-versed in criminal defense cases throughout the Greater Houston Area. Contact our law firm today to schedule a free consultation and case evaluation. Let us help you understand and explore your options.

driving drunk indicators police look for in Houston

Texas DWI: What Police Look For 

A Texas DWI is a serious matter, and it requires experienced legal representation. With decades of experience as a Houston DWI lawyer, Herman Martinez knows the ins and outs of law enforcement and court procedures in regard to drunk driving in Harris County. Let us go in-depth about driving drunk indicators that officers look for.

From speeding to missing taillights, police look for any legal reason to pull someone over to examine them for signs of impairment. Below, we want to provide you with a list of signs police officers look for as they decide whether someone might be intoxicated – before and after they pull them over. 

What Driving Drunk Indicators Do the Police Look for When They Search for Drunk Drivers? 

Per research from the National Highway Traffic and Safety Administration (NHTSA), the police have a long list of signs to pull from to determine when a person is likely driving while intoxicated.

Here’s a list of some common indicators for drunk driving:

Curiously, the NHTSA does not list speeding as a sign of drunk driving. Oftentimes, a prosecutor can argue that speeding depicts “risk-taking” behavior related to impaired judgment. However, many officers admit that in reality, a majority of sober people speed at night due to more favorable traffic conditions. 

Texas DWI: What Officers Look for After Pulling You Over 

When it comes to Texas DWI cases, it’s important to remember that law enforcement officers do not always have medical training. Moreover, you are not legally required to submit to a field sobriety test. These notoriously inaccurate tests only help the arrest officer build their case against you. 

Here are some traditional signs of intoxication that many officers are taught to look for:

Facing a Texas DWI? Hire a Houston DWI Lawyer

In Texas, DWI consequences are severe. When you face a DWI conviction, the impact can spread throughout your life. That’s why you need an advocate on your side who understands your situation and how the system works. 

At The Martinez Law Firm, our DWI defense team provides legal representation that acts in your best interests. When you face DWI charges in Harris County, contact the criminal defense attorneys at our firm for a free consultation. We specialize in the complex field of Texas DWIs. At your consultation, your attorney will review your case and guide you through the best strategy available.