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The Things You Need to Know After a DWI in Houston
Need to Know After a DWI Arrest in Houston
After a DWI arrest in Houston, you might feel overwhelmed or intimidated. For many people, it is their first time dealing with the law. When the officer reads you your rights and books you into jail, it is no laughing matter. Everything that follows the arrest simply compounds the fear and pain. It’s a confusing time.
However, when you have the right knowledge of the process, it is much easier to make it through. Herman Martinez is a DWI lawyer in Houston with a great deal of experience helping to dismiss. Through the guide, we help you understand the DWI process in Houston and surrounding areas.
If you still have questions after reading or need representation, contact our offices for a free legal consultation today.
What to Know Following a DWI Arrest in Houston
After a DWI arrest in Houston, a lot can happen. It’s crucial to understand the overall processes that happen.
• The administrative process decides the future of your driving privileges.
• The criminal process determines your guilt or innocence, potentially establishing a permanent criminal record.
The Costs of DWI Arrests
When you want to fight your charge with a lawyer, there are costs. These costs have an impact on your bank account as well as your future.
What Should I Do After a DWI Arrest in Houston, TX?
Following your DWI arrest, there are a few things you should keep in mind.
• Do not speak to the police aside from providing identification such as your name or address.
• Within 15 days, request an ALR – administrative license revocation hearing.
• Contact a criminal lawyer as soon as possible
When you have a DWI lawyer on your side quickly, they can represent you at the arraignment hearing. Moreover, they can request the ALR hearing and provide representation there as well.
Your Houston Lawyer
Of all the things you should do after a DWI arrest in Houston, contacting a DWI defense attorney is crucial. You need an advocate on your side committed to your best interests. Oftentimes, a trial is your best bet to obtain your best result.
A DWI defense is about more than avoiding a conviction. It is about your future and your reputation. What you do after a DWI arrest makes a huge difference in your life. Simple mistakes are detrimental to your future, so you need the right lawyer at your side.
Contact The Martinez Law Firm today to learn more about your options for DWI defense.
Can you lose your job in Texas when you get a DWI? Avoid a DWI conviction, it’s not worth your job. In Texas, employment is at-will, which means your employer does have the right to fire you upon a DWI conviction in many cases. Legal statutes prevent your boss from firing you for a variety of reasons protected by the Equal Employment Opportunities Commission. However, these laws do not apply to criminal convictions.
Union and government workers have some additional protections from at-will termination. Unfortunately, though, a majority of Texas workers do enjoy these protections. Therefore, your employer more than likely has the right to terminate your position when you get a DWI in Texas.
A majority of employers likely won’t terminate you without a specific cause. Still, it’s important to avoid having a DWI in Texas for this reason and many others. If you face DWI charges, a lawyer can help you avoid the complex unemployment program in Texas.
What Jobs Have a Higher Chance of Termination for a DWI in Texas?
While many employers have the option to fire you for a DWI in Texas, some companies have their hands forced in drunk driving cases.
Driving or Operating Heavy Machinery
When driving is a core aspect of your job duties, your employer may have restrictions on their insurance that do not allow them to keep you employed. Jobs that require the operation of heavy machinery or where safety is an issue are likely to face a similar problem.
Moreover, truck drivers should remember that they could lose their commercial driver’s license (CDL) over a DWI in Texas. After a commercial DWI, your employer has no choice but to let you go.
Jobs Involving Children or At-Risk Adults
People who work with children, such as a therapist or teacher, may face termination of a DWI conviction. This is because drunk driving convictions create potential liability issues. Similarly, you might lose your job over a DWI when you work with vulnerable adult populations. This includes the elderly as well as special needs adults.
Sensitive Data or Financial Assets
When your job involves financial assets or sensitive information, you face termination because your conviction makes you a criminal. These assets range from securities and medical assets to insurance, real estate, and banking. However unrelated your conviction is, it puts your employment at risk.
Professional Licenses
A majority of the professional licensing boards in Texas reject applications with DWIs on their records. Similarly, a DWI in Texas can result in losing your professional license. Teachers, realtors, and nurses all require professional licenses. A DWI conviction puts your livelihood in jeopardy. Even outside of these industries, a DWI conviction puts your job at risk.
Avoid Getting Fired for a DWI in Texas
When you have a DWI on your record, the best thing to do is be upfront and honest. Eventually, every employer finds out, so staying ahead of it is of benefit to you. If you make it clear that this DWI in Texas was a one-time occurrence, they might be understanding.
Of course, your best bet is to avoid a DWI conviction altogether. Herman Martinez is a lawyer with decades of experience helping people mitigate DWI charges. Schedule a free consultation to explore your options. Our DWI defense attorneys fight to reduce or dismiss your charges, always pursuing your best interests.
Contact the legal team at The Martinez Law Firm today to schedule a free case evaluation.
Oftentimes, a controlled substance DWI comes as a surprise to many. Typically, people associate driving while intoxicated (DWI) laws with alcohol and nothing more. However, Texas law does not agree with them. Because the effects of controlled substances are at times similar to alcohol, the law views intoxication the same.
The vast majority of controlled substances may have an impact on your driving because they impair your motor functions. Even some prescription drugs could lead to a controlled substance DWI in Texas.
If you or a loved one faces charges for a DWI that involves drugs, contact an experienced DWI attorney. At The Martinez Law Firm, we have decades of experience with DWI defense cases. Contact us today for a free consultation.
Do DWI Laws in Texas Include Drugs?
A controlled substance DWI is a serious charge in the state of Texas. While many believe that only alcohol leads to DWI charges, the truth of the matter is that driving while intoxicated due to the use of drugs can also lead to a DWI.
• You have lost the normal use of your mental or physical faculties due to the use of a controlled substance of alcohol
With alcohol, law enforcement may have a much easier time detecting intoxication. Moreover, a chemical test and field sobriety test allows them to assess your physical and mental condition. When it comes to a controlled substance DWI, it is a bit more complex.
Controlled Substance DWI Testing
Oftentimes, the police default to blood or urine analysis when they suspect drugs are what caused the driver to drive intoxicated. However, neither of these processes are perfect. This is because traces of some drugs remain in your system long after their effects have worn off.
For instance, marijuana has the potential to stay in your system for two weeks, even when you do not use it regularly. This is because the metabolites and other chemical components remain in your body for days or even weeks after using the drug. The police might charge you with a controlled substance DWI because drugs you used days ago appeared in your test results.
While blood tests are more accurate in terms of drug use, this analysis still has problems. For example, human error can lead to a false positive when a lab technician makes even a slight mistake. Additionally, outdated equipment in a crime lab can lead to incorrect results.
People often ask DWI defense attorneys whether they should submit to DWI testing. Typically, attorneys respond with, “No, you should not comply.”
When you refuse a test, it makes their job more difficult because they need to rely on objective or circumstantial evidence if they do not obtain a search warrant to obtain your blood.
Charged with a DWI for Controlled Substances? Call A Lawyer
If a controlled substance led to a DWI for you or someone you know, it is crucial to contact an experienced DWI defense attorney. It would be best if you never took chances with DWI charges because they can have a severe impact on your life.
Contact The Martinez Law Firm at (713) 242-1779 today to schedule a free consultation with our trusted legal team. At your consultation, we can discuss your charges and set the path for your defense.
With Thanksgiving just around the corner, the holiday season is in full swing. While they look a little different this year, many people decide to take calculated risks to see their loved ones. Whether you plan to drive out to see your in-laws or stop by a friend’s house for Friendsgiving, be careful of Thanksgiving DWIs.
As experienced Houston DWI lawyers, we see these instances peak every year around the holiday season. Many don’t consider Thanksgiving to be a day of heavy drinking. However, law enforcement agencies often think of Thanksgiving as one of the busiest when it comes to DWI arrests.
A quick note:
If you gather with your family this holiday season, we hope you take full advantage of the free drive-through COVID testing locations around Houston. Before you put anyone at risk, a quick test can ensure you have a much safer Thanksgiving. Results take up to 72 hours but often come back as quickly as the next day.
Holiday Season and Thanksgiving DWI’s
Frequently, the holiday season comes with an increase in checkpoints across Harris County. Police stop cars to check the driver’s condition in hopes of preventing severe car accidents. Per this information from Scram Systems, over 800 people died in drunk driving accidents in the mid-2010s during the Thanksgiving holiday period.
As with most holidays, alcohol tends to be a significant part of seasonal celebrations. After all, there’s a reason people refer to Thanksgiving Eve as Blackout Wednesday. Law enforcement officials know this and often plan extra measures to keep the roads safe.
Every year people plan extensive road trips or even short trips across town to see their loved ones. Hopefully, this year sees fewer people on the road. However, it is essential not to let drunk driving squash the holiday spirit.
However, a Thanksgiving DWI arrest is not always handled unlawfully. That’s why you need an advocate on your side. Call our legal team to schedule a free case evaluation today.
Thanksgiving DWI Arrest? Call on Our DWI Defense Attorneys
Our experienced Houston DWI lawyers will help you stand up for your rights at The Martinez Law Firm. While the best way to avoid a Thanksgiving DWI is not to drink and drive, people find themselves in these situations. Remember that even though Texas is strict with DWI cases, you have options.
Our DWI defense attorneys understand how to evaluate the evidence. We can help you fight for the best possible outcome for your case, working to reduce or dismiss charges. Have a safe holiday season, and call on The Martinez Law Firm whenever you require an advocate.
You have the option to appeal a DWI in Texas per Texas Code of Criminal Procedure § 44.02. This code establishes the defendant’s right in any criminal case to appeal the court’s decision. Typically, the basis for your appeal must state that the court misapplied the law or allowed inappropriate behavior that led to a wrongful conviction.
For example, some common errors utilized in DWI appeals include the following:
• Court rulings that were made in error
• Testimonies that should have been excluded
• Improper conduct on the part of the prosecutor
When you work with an experienced Houston DWI defense lawyer, they will help you identify and demonstrate errors made in your case. In doing so, the court may grant your request for a new DWI trial.
How to Appeal a DWI in Texas
To appeal a drunk driving conviction in Texas, you have to file a motion for appeal with the court’s Clerk where your initial trial occurred. Similarly, you can file a Motion for New Trial, which is the next step in the process if the court grants your request to appeal a DWI.
Generally, the clerk forwards the motion and relevant documentation to the appeals court. Then, the court obtains the necessary information they require to consider the motion. Oftentimes, this includes a subsequent appellate brief that explains the justification for the appeal. Upon consideration, the court files its own brief and rules on your appeal.
When you work with a Houston DWI lawyer, their law firm handles this process on your behalf. Typically, the legal process is difficult to navigate, leaving people open to missteps that have their appeals thrown out. When you face a charge of driving while intoxicated, you need a defense attorney fully familiar with the process.
At The Martinez Law Firm, we have decades of experience helping people appeal DWI rulings. Contact us today for a free consultation on our legal representation and let us help you appeal to a DWI in Texas.
How Much Time Do I Have to Appeal a DWI in Texas?
To be frank, you don’t have much time when you want to appeal a DWI decision. When you miss the deadline, you lose your right to appeal. Keep this in mind.
You have 30 days to file a petition and appeal to a DWI in Texas.
Time is not on your side, and you need to act quickly. With a DWI on your record, your options are severely limited. When you have a chance to fight, it’s important to work with a Houston DWI lawyer to appeal your case.
However, missing the deadline does not mean you are out of options. When you miss the deadline, a Houston DWI defense attorney with the right experience will know how to help you find other potential options.
What If I Lose My Appeal?
In Texas, if you lose your DWI appeal, you might have another option. Depending on your initial trial location, your appeal proceeding takes place in a Texas Court of Appeal. When you want to appeal their decision, you have the option to file a motion with the Texas Court of Criminal Appeals.
Generally, people only pursue this level when they face potential felony charges, which come with severe penalties. Your DWI defense lawyer is there to act as your advocate and provide legal advice so that you can determine the best path for your defense.
What Happens If I Win the Appeal?
When you appeal a DWI and win, the court schedules a new trial for your original charges. While you are not in the clear just yet, your Houston DWI defense lawyer should have a better understanding of the evidence and what went wrong in the first case.
While this does not guarantee a victory, you often stand a better chance to gain a favorable result. Moreover, your attorney has the opportunity to negotiate before the trial. In doing so, they may be able to reduce the charges or even have them dismissed entirely.
When to Hire a Houston DWI Lawyer to Appeal a DWI
There is no requirement to have legal representation in Texas when you appeal a DWI or even go to trial. However, it is important to consider the experience of a Houston DWI defense lawyer. The appeals process for drunk driving cases is quite complicated.
Moreover, many criminal defense attorneys lack full knowledge of the process and proceedings, so handling it yourself can lead to many missteps. When you miss a deadline or commit an error while filing motions, it puts your appeal in jeopardy.
An experienced Houston DWI lawyer knows how to evaluate the evidence and facts within your case. In turn, they determine how viable your appeal is and how best to approach it.
Want to Appeal a DWI in Texas? Call Us for a Free Consultation
Our Houston criminal defense attorneys at The Martinez Law Firm offer comprehensive legal representation to people who face charges related to DWIs and drunk driving. With decades of experience in the courtroom, our Houston DWI lawyers understand how Texas’s criminal justice system works.
With our legal team, we utilize this knowledge and experience to advocate for your best interests. Let us fight for your future and help you attain the best possible outcome in your DWI case.
If you have questions about how to appeal to a DWI in Texas, contact our law firm for a free consultation. We can discuss and evaluate your case and provide legal advice on how to proceed.
Having a DWI dismissed in Texas may seem like an impossible task. However, with the right Houston DWI lawyer on your side, it is entirely possible. Still, the Lone Star State is known for having some of the strictest DWI laws across the United States. In the state of Texas, you can be charged with driving while intoxicated (DWI) when your blood alcohol concentration is .08% or higher (.04% for commercial drivers).
When you test above the legal limit, a DWI conviction can feel almost inevitable. However, it is important to know that it is possible to have DWI charges dismissed or reduced. Even when the prosecution has evidence against you, you have options. The right Houston DWI lawyer will advocate for you and guide you through the process.
How Can a DWI Charge be Dismissed?
For a talented criminal defense attorney, there is an array of options to have DWI charges dismissed or at least reduced. Oftentimes, these are options that the average person may not think to explore. For instance, when a breathalyzer is not properly maintained, any evidence it produces cannot be used against you. Similarly, when your rights are infringed upon in any way throughout the arrest process, your DWI case could potentially be dismissed.
While these are just two examples of how a DWI lawyer might defend you, it is also important to remember that the burden of proof lies with the prosecution. This means that they must prove beyond a reasonable doubt that you are guilty. If they are unable to show that the arrest process was handled properly, the court may not convict you.
This is one reason why it is crucial to work with experienced criminal defense attorneys, such as Herman Martinez. When you do, it dramatically improves your chances to have your DWI dismissed or your charges reduced.
What Happens After a DWI Dismissal?
A DWI dismissal is the best possible outcome for anyone accused of driving drunk. While it is not always possible, a Houston DWI lawyer can still work to reduce the penalties. In the State of Texas, DWI penalties can be severe.
DWI consequences include:
Fines
Driver’s License Suspension
Higher Car Insurance Costs
DWI Education Programs
Community Service
Possible Jail Time
Are DWI Courts Closed Due to the Pandemic?
No. Most locations throughout Texas have reopened courts or shifted to virtual hearings. However, a backlog of cases may cause DWI cases to be postponed for at least a 30-day period. Some Texas DMV locations may remain closed during this health emergency, which may cause delays for DWI driver’s license suspension hearings for many people.
When you want to have your DWI dismissed, it is crucial for any DWI defendant without a court date or with a postponed hearing to seek legal advice. An experienced Houston DWI lawyer will pinpoint the best defense to beat DWI charges as quickly as possible.
Working with a Houston DWI Lawyer
Have you been arrested for DWI? Whether you’ve had a breath or blood test, our defense team will examine the police report to find the best possible defense to have your case dismissed. When you work with a defense lawyer, they will examine every aspect of your arrest and help you avoid criminal charges.
When you need a DWI dismissed, a Houston criminal defense attorney is essential. An experienced DWI lawyer will fight for your rights and strive to attain the best results possible for your case. If you find yourself facing DWI charges and in need of a talented DWI defense team, please contact us today.
