DWI Attorney value on your side

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

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

What a DWI Lawyer can Offer

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

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

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

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

Your Body & Alcohol. Martinez Law DWI Attorney of Houston explains

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

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

Where does the alcohol go?

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

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

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

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



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

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

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

Heroin Possession Penalties in Texas

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

You will face the following possession penalties:

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

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

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


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

Adrian Peterson

Martinez Breaks Down Adrian Peterson Case

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

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

Read the full story by clicking here.

The Martinez Law Firm is proud to announce that our very own Herman Martinez has been selected as one of the winners of the
2014 Avvo Clients’ Choice Award. To be eligible for this award, an attorney must meet certain requirements that demonstrate that they are indeed client-preferred. Ultimately, the Clients’ Choice Award comes down to the reviews that an attorney has garnered on the popular legal website. To be eligible to receive this award,
the lawyer must have a minimum of 5 reviews with at least 4 stars; these reviews must have been posted within the last 12 months, with at least one coming from the same calendar year.

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

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

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

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

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

We understand the serious ramifications this type of an arrest can have
on an individual’s lifestyle, career, family and future, which is
why we are committed to providing clients with the personalized attention
their case deserves.
We work one-on-one with our clients so they are constantly kept abreast on how their case is progressing and
what actions we are taking in their defense. If you are arrested for drug
possession, you can trust that we will be unrelenting in our pursuit of
justice and we will stop at nothing to help you achieve a positive outcome
to your case.

If you have been arrested for
drug possession you could be facing very serious charges and penalties. Drug possession
can be charged as either a misdemeanor or felony offense, depending on
the type of drugs and amount of drugs found in your possession. It does
not matter whether the drugs were yours or not, if the police found them
in your possession, you are at risk. In cases where a significant amount
of drugs are found or the police believe the drugs are being given away
or sold, you could be facing much harsher charges and penalties.
Our lawyers are here to help you defend your rights and we will work hard
to get you a reduction in charges
, a dismissal of charges or, if your case goes to court, an acquittal at trial.

Call our firm today to schedule a free consultation.

Being pulled over for a suspected
DWI can be a very humbling experience. If an officer suspects you have been
driving while intoxicated it is highly likely you may find yourself being
placed under arrest before you even realize what is going on. Knowing
your rights and understanding what you should do in this type of situation
will make a big difference in what happens next.

Our founding lawyer has more than 15 years of criminal law experience and has been named by H Texas Magazine as a “Top DWI Lawyer” for 2011. With an in-depth knowledge of DWI defense, we are more
than qualified to provide legal representation in all different types
of DWI cases from
first-time DWI arrests to
Felony DWI and more. To find out what we can do for you, give our law firm a call
today. In the meantime, here are some common DWI questions and the answers
you will want to know.

Can I refuse to take a field sobriety test?

You are under no legal obligation to submit to
field sobriety testing. These types of tests are extremely suggestive and are only used by officers
to confirm their suspicions of DWI and warrant an arrest.

Can I refuse to take a breathalyzer test?

Any individual who has been issued a driver’s license in our state
has already given his or her implied consent to submit to a breath, blood,
urine or other chemical test in the event of a suspected DWI. Refusing
to take a breathalyzer test will generally lead to an arrest and the mandatory
suspension of your driving privileges for at least 6 months.

Is there anything I can do to avoid being arrested for DWI?

Other than not consuming alcohol prior to getting behind the wheel of a
motor vehicle, there is usually little than can be done to avoid an arrest
after being pulled over for an alleged DWI. The officer already had his
or her suspicions as to your state of intoxication and field sobriety tests,
breathalyzer tests and questioning is how those suspicions will be confirmed.

Do I have to answer the officer’s questions?

If you are pulled over on suspicion of DWI, you do not have to answer any
questions that could incriminate you or be used against you in a court
of law. Be respectful. Provide the officer with the basic identification
information he or she requires and then politely inform the officer that
you would be happy to answer more questions once your lawyer is present.
Some officers will try to convince you this is an admission of guilt,
but it is not. You are simply asserting your legal rights.

Will a failed test guarantee a conviction?

Neither a failed breathalyzer test nor a failed chemical test will guarantee
a conviction. Even if your blood alcohol concentration (BAC) level is
above the legal limit, we will challenge the results and validity of your
tests. An improperly trained officer, an incorrectly calibrated testing
unit, and numerous other factors can all impact the results of your test.

Will I lose my driver’s license if I am arrested for a suspected DWI?

If you have been arrested for DWI, you have 15 days to request an
Administrative License Revocation (ALR) hearing where you will be given the opportunity to challenge your
license suspension. Having a skilled criminal defense lawyer by your side
will greatly improve your chances of retaining your license or being granted
restricted driving privileges.

If it is my first-time being arrested for DWI, will I have to go to jail?

Individuals who are arrested for a first-time DWI in our state could be
facing up to 180 days in jail, in addition to a number of other penalties.
In cases where an individual has a BAC level of 0.15 or above, that penalty
may be increased to a year in jail.

The most important thing you can do upon being arrested for a suspected
DWI here in Houston or throughout any of the surrounding cities, is to
exercise your legal rights. You have the right to remain silent and you have the right to have a
lawyer present during all questioning. Do not help build the prosecution’s
case against you by waiving your rights.
Call The Martinez Law Firm and schedule to meet with a Houston criminal defense lawyer immediately.
We will advise you of your legal rights and help you prepare a compelling
strategy for your defense. It is not too late. The time to call is now!

In the event that you were arrested in Texas, but never convicted, it may be possible to have your criminal record expunged. This would remove all record of you ever being arrested. While there are certain specifications and requirements to have your record cleared, it is a viable possibility that many may not realize it is an option they have.

Many people may think that their record is automatically cleared after their case has been dismissed or they have completed deferred adjudication probation, but this is not the case. Your criminal history will still show up on background checks and online searches, which could be extremely harmful to your future if you are trying to apply for a job, a loan, or a place to live.

Will your case be eligible for expunction?

As long as you were arrested but never convicted in the state of Texas, you may be able to have your records expunged. This means that you would be able to legally deny the arrest, even on employment applications or other important documents.

You may be a candidate for expunction if one of the following is true of your case:

  • Your case was dismissed
  • You were found “not guilty” during trial
  • A person was arrested under your name without permission
  • The case was no-billed by a grand jury
  • You were ultimately convicted, but pardoned at a later date

Speak with Attorney Martinez today!

As a 10.0 Superb Rated lawyer on Avvo, declared a Client’s Choice DUI lawyer for 2012 and a Top Contributor for 2013, Attorney Herman Martinez is more than qualified. He is recognized as one of the top criminal lawyers in Houston, Texas.

A former prosecutor with a history of successful
case results, call our Houston criminal defense lawyer at The Martinez Law Firm for a FREE initial case consultation!
Don’t let a past mistake ruin your future; get your record cleared today!

Si udsted hido ha la corte criminal localizada en Houston, Harris County, Texas udsted saber que las filas son larga pare entra. Como un abogado que voy todos los dia ha la corte yo tengo priveljios que me dejan entra sin hacer una fila. Si udsted desea entra mas rapido en la corte seria mejor que no alga fila enfrente de la corte. Todos de mi clientes saber que seria mejor parquia en garage localizado en 1401 Congress. De ahi uno puede ir ha basement donde esta un tunnel que lo llevar hasta la corte criminal. Haciendo esto uno puede llega mas tarde ha la corte sin problemas. Esto es una las muchas menares que yo ayudo mis clientes diferente que otros abogados criminal. Yo tengo mas que 17 anos de experiencia que los casos de asalto, DWI, robo, sexual y muchos mas. Por favor llamame para una consulta gratis.

Road rage isn’t normally regarded as a serious crime. Yet reports show that there are times the road rage can lead to arrest and serious charges. Recently, a Harris County attorney was arrested when she got angry with another driver on Tomball parkway. She followed the driver into a parking garage and then pulled out a handgun. The victim was terrified and believed that the woman was going to shoot him. The man says that he is a husband and the father of three boys. He immediately thought of his family when staring down the barrel of the gun in terror.

The man says that he and his wife had just had lunch at Panera Bread and were on their way home when he merged onto the 249. He says that he was completely unaware that he had cut another car off. The man says that he changed lanes and then heard a loud screeching and realized that there had been a car behind him in the lane. He was worried that the vehicle was going to hit his, but he didn’t. The individual pulled into a nearby bank parking lot and got out to walk up to the bank to do a transaction.

At this point, the other driver also pulled into the parking garage and pulled a pistol. The victim asked the woman with the gun to drop her weapon, but she refused. While he called 9-1-1, the woman stood with the gun pointed screaming obscenities at the man who had cut her off. The bank surveillance video caught the entire exchange, and the woman was arrested on the spot. When asked about the accident, the defendant says that she was fearful, and reacted out of that fear. She has been charged with aggravated assault with a deadly weapon. If you have been charged with a crime stemming from road rage, don’t hesitate to call a Houston criminal defense attorney the firm today!

A drunk driver on a Houston freeway overpass has been arrested after he slammed into a 12-year-old autistic boy on the freeway, killing him instantly. The mentally challenged boy somehow slipped away from his parents while biking. The father of the young boy says that they were on a bike ride when they were separated around 5:30 p.m. The family immediately reported that their son was missing and called the police. Before they were able to locate their son, the family got a call about his passing.

The child was hit by the drunk driver when he wandered onto the northbound lanes of the S. Post Oak at Main. The individual was hit by a black pickup truck and died on the scene. The police believe that the driver of the truck had an illegal BAC. He was arrested at the scene of the accident. The driver was charged with a DWI, but reports show that he may not be considered at fault in the death because the boy was walking in a moving lane of traffic.

If you have been arrested for a DWI and for hitting a pedestrian or biker, but believe that the accident was not your fault and that the pedestrian or biker was in the wrong in the situation, then you may be able to avoid penalties that are affiliated with DWI manslaughter or other violent DWI crimes, You will want to hire an attorney at The Martinez Law Firm to represent you in your case if you are arrested for a situation of this nature. Don’t hesitate to hire an attorney at the firm today to learn more. With the right
Houston criminal defense lawyer there to represent you, you have a greater chance of avoiding serious penalties. Hire the firm today!

Two men have been arrested after they killed a man attending a birthday party at a home in northwest Houston. The individuals, arrested earlier this month, have now been charged with murder. The 20-year-old and 18-year-old suspects are being held without bond after the January 4th killing of a 24-year-old man. The police believe that the victim was shot and two others were wounded at about 1:00 a.m. during the birthday party. There were several dozen people at the party when the gunfire broke out.

Investigators believe that the shooters were in a vehicle when they fired, and were parked conspicuously in a parking lot near the residence. The police are still trying to determine why the two young men believed it was necessary to shoot the party-goers. Online Houston City Jail records do not list the two suspects who were arrested.

If you have been arrested in connection with a murder, it is essential that you have a hardworking and responsible Houston criminal defense attorney on your side. Murder charges can be extremely serious, meriting even a lifetime in jail. Whenever you are charged with a crime like this one, you need to hire an attorney to assist you. You will want to be well-represented when you head to the court house. Whether you need an alibi, want to prove a defense, or want to create a satisfactory plea bargain, a Martinez Law Firm attorney can help you.

Attorney Martinez is a former chief prosecutor that is fully capable of tackling your case. He understands how the others side thinks, so he can create a defense that is most effective. Don’t hesitate to call this reliable and hardworking attorney to assist you in your situation right away. Whether you are dealing with a small misdemeanor case or a serious murder, The Martinez Law Firm is here to help!

The Texas Department of Transportation is installing new signs on the Highway 290 today to lower the speed limit on stretches of the highway. The speed limit changes stretch through Hayes County. The speed limit will only drop by 5 mph, going from 65 mph to only 60 mph in the stretch between Nutty Brown Road and Rob Shelton Boulevard. Small changes in the speed limit like this one can lead to a rise in speeding tickets and traffic violations.

Doubtless, after signs are installed the Houston police and the highway patrols will be staking out and waiting for individuals to pass by so that they can catch these drivers and issue them a speeding ticket for driving at the previously mandated pace. If you have been charged with speeding and have been issued a speeding ticket in a place with a recent change, then you may want to contest your ticket. In some cases, you may need to hire an attorney to help you with this.

Most often, it is wise to contest a ticket if you have been issued other citations in the past and are at risk to losing your license as a result. At The Martinez Law Firm, an attorney may be able to assist you in challenging the prosecution and proving that the speeding infraction should not go on your record. Don’t hesitate to contact an attorney at the firm right away if you would like to learn more about how you can challenge your speeding citations or avoid penalties. Whether you are dealing with a traffic infraction or a serious felony, a Martinez Law FirmHouston criminal defense lawyer may be able to work to your advantage. Hire the firm today to learn more!

Salvia Divinorum is a plant that is also called Diviner’s Safe and Seer’s Safe. It is a plant which can induce dissociative effects and can cause visions or other hallucinatory experiences. The plant grows in Oaxaca, Mexico or in other sandy and moist locations. It can be over one meter high.

In most countries, this plant is legal for recreational use. This is partially because it is not very common and it is not typically used as a hallucinogenic. In some cases, it can induce a visionary state of consciousness and some religious groups use the plant during spiritual healing sessions. Most of the plants local names infer that the plant is an incarnation of the Virgin Mary.

Salvia Divinorum is not illegal according to the federal law, but some states have banned the substance on their own level. The Salvia divinorum is currently illegal in Texas and is considered a violation in penalty group 3. The Texas laws say that all parts of this plant, including the seeds, and the extracts, are illegal.

The only time that the plant is legal is if it is unharvested and growing in its natural state. This protects some homeowners in Texas who may have the plant growing in their backyard but never planted it and don’t intend to use it for hallucinogenic purposes. If you have been accused of using this drug for recreational purposes, then you are going to want a Houston criminal defense attorney on your side to represent you in your case.

With the right Houston criminal defense attorney there to assist you, you may be able to get the case result that you need and avoid conviction. Because this drug is not heavily prosecuted, you may be able to strike a plea bargain or avoid prosecution. Hire the firm today to learn more!