DWI Attorney Serving Harris County
Have you been arrested for driving while intoxicated in Houston or anywhere in Harris County?
A DWI charge can affect your license, job, record, and family. This page explains what happens after an arrest, what the 15-day rule means, and how a DWI attorney in Houston can help you make informed decisions.
If you need case-specific guidance, call (713) 242-1779 for a free phone consultation with our DWI defense team. Se habla español.
What happens after a DWI arrest in Houston?
Most people feel shocked and confused after a DWI arrest. Understanding the process helps you plan your next steps.
After a typical arrest in Houston or Harris County:
- You are taken to jail and booked.
- Your fingerprints and photograph are taken.
- You receive paperwork with a case number and court date.
- You receive a notice about a possible driver’s license suspension.
- You are released on bond or a personal recognizance bond.
From this point, you face two tracks:
- A criminal case in a Harris County court
- A driver’s license case through the Administrative License Revocation (ALR) process
Both tracks are important. A DWI lawyer reviews your paperwork, your timeline, and your goals so you do not miss key deadlines.
The 15-day rule and ALR hearings in Texas
After a DWI arrest in Texas, you have a very short window to protect your driver’s license.
- You have 15 days from the date of your arrest to request an ALR hearing.
- If you do not request the hearing in time, your driver’s license can be suspended automatically.
An ALR hearing is not a criminal trial. It is an administrative hearing where a judge reviews:
- Whether the officer had reasonable suspicion to stop you
- Whether there was probable cause to arrest you
- Whether you refused or failed a breath or blood test
At The Martinez Law Firm, we:
- File the request for your ALR hearing within the deadline
- Gather and review the police reports and video, when available
- Question whether procedures were followed correctly
- Use testimony and documents from the ALR process to help the criminal case
Many people give up on the license issue because it feels technical. A Harris County DWI attorney guides you through this process so you have a real chance to keep driving legally.
Texas DWI penalties and what they mean for you
The penalties for DWI in Texas depend on your record and the facts of the case. In general, you may face:
First-offense DWI
- Up to 180 days in jail
- Up to $2,000 in fines
- Up to 1 year of driver’s license suspension
Second-offense DWI
- Up to 1 year in jail
- Up to $4,000 in fines
- Up to 2 years of driver’s license suspension
Third-offense DWI
- Up to 10 years in prison
- Up to $10,000 in fines
- Up to 2 years of driver’s license suspension
On top of this, you may have:
- Annual surcharges or fees to keep your license valid
- Mandatory ignition interlock devices
- Alcohol or drug education programs
- Community service and strict probation terms
A DWI lawyer explains how these penalties apply to your specific case and looks for ways to reduce or avoid them.
Types of DWI cases our firm handles
The Martinez Law Firm represents clients in many types of alcohol- and drug-related driving cases in Houston and Harris County, including:
- Commercial driver’s license (CDL) DWI
- Felony DWI and repeat DWI
- Underage DWI
- DWI involving drugs or combined use of drugs and alcohol
- Cases based on field sobriety tests
- Cases involving unlawful traffic stops
- Breath and blood test cases
- ALR hearings and license suspension issues
- Occupational driver’s licenses
- Driving with a suspended license related to DWI
If your case involves an accident, injuries, a high BAC, or prior convictions, our team can review the added risks and help you decide on a strategy.
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How a Harris County DWI attorney builds a defense
No two DWI cases are the same, but many share common issues. A focused DWI defense lawyer in Houston looks closely at:
- The traffic stop
- Was there a valid reason to pull you over?
- Did the officer extend the stop in a way that raises legal questions?
- The investigation and field sobriety tests
- Were instructions clear and correct?
- Did the officer score the tests properly?
- Were there medical or environmental factors that affected your performance?
- Breath and blood testing
- Was the machine maintained and calibrated correctly?
- Were the samples collected, stored, and handled according to required procedures?
- Were lab personnel properly trained and certified?
At The Martinez Law Firm, we combine this technical review with practical experience in local courts. Our goal is to identify weaknesses in the case, negotiate from a strong position, and prepare for trial when it is in your best interest.
Herman Martinez’s experience and credentials
Attorney Herman Martinez has more than 25 years of experience in criminal and DWI defense in Houston. Before opening his own firm, he served as a Chief Prosecutor in the Harris County District Attorney’s Office.
This background matters because he:
- Understands how prosecutors evaluate DWI cases
- Knows what evidence they rely on most
- Recognizes when a case is weak, overcharged, or open to negotiation
His work has led to recognition in Houston-area publications and high ratings from past clients, but the focus remains simple: clear advice and strong advocacy for each person he represents.
Certified in field sobriety testing
Field sobriety tests are a key part of many DWI cases. They measure balance, coordination, and the ability to follow directions under pressure. The standard tests include:
- Horizontal Gaze Nystagmus (HGN)
- Walk and Turn
- One Leg Stand
Herman Martinez is one of the few DWI attorneys in Houston certified by the National Highway Traffic Safety Administration (NHTSA) to administer standardized field sobriety tests. This is the same training many officers receive.
Because of this certification, our firm can:
- Spot mistakes in how tests were given or scored
- Explain those errors to judges and juries in clear terms
- Use test issues to support motions and negotiations
When field sobriety tests are used against you, this knowledge helps level the playing field.
Pretrial options and programs for DWI cases
Some DWI cases in Harris County may qualify for pretrial programs or other options that can:
- Avoid a formal conviction
- Reduce or remove certain financial penalties
- Support better long-term outcomes for your record
These options are not available in every case and often come with strict rules. A DWI attorney reviews:
- Your criminal history
- The details of the current charge
- The evidence the state has collected
Our firm explains the pros and cons of each option, including diversion programs and deferred adjudication when available, so you can decide whether they fit your goals.
First-Time DWI Charges
Many people charged with a first DWI have never been through the criminal system before. They often worry about:
- Losing their license
- Going to jail
- Keeping their job or professional license
- Long-term damage to their record
Our goal with first-time DWI clients is to:
- Protect immediate needs, like driving and employment
- Look for ways to reduce or dismiss charges when the facts allow
- Limit long-term impact wherever possible
We explain each step in plain language so you always know what is happening in your case.
Felony DWI and serious DWI cases
Some DWI charges are filed as felonies, such as:
- Third or subsequent DWI
- Certain cases involving injury or death
- DWI with a child passenger
Felony DWI carries higher penalties and long-term consequences. A conviction can mean years in prison, large fines, and a permanent felony record that affects work, housing, and civil rights.
If you face a felony DWI in Harris County, you need a lawyer who has handled significant criminal cases in local courts. Our firm reviews every part of the case and works to reduce the charge, limit penalties, or seek dismissal where the facts support it.
Understanding Texas DWI laws
Texas DWI laws are complex, and myths spread quickly. It helps to know the basics, including:
- How Texas defines “intoxicated”
- The difference between DWI and related offenses
- How prior convictions affect current charges
- How enhancements apply when there is a child passenger, high BAC, or accident
During your consultation, our DWI attorney explains which statutes apply to your situation and how they affect possible outcomes. Clear information helps you make better choices.
Do you need a DWI lawyer for your case?
Some people think about handling a DWI case on their own or waiting to see what happens. This can lead to missed deadlines, harsh plea offers, and long-term consequences that could have been reduced.
A DWI lawyer in Houston can:
- Track deadlines and court dates so you do not miss them
- Request and review evidence you may not know exists
- Explain the full range of options, including trial, negotiation, and pretrial programs
- Help you weigh the risks and benefits of each choice
You still make the final decisions. The role of the lawyer is to give you clear information, defend your rights, and fight for the best outcome possible based on the facts.
Ready to talk about your DWI case?
At The Martinez Law Firm, we focus on helping drivers across Houston and Harris County understand their options and protect their futures after a DWI arrest.
- Led by a former Chief Prosecutor
- Backed by more than 25 years of criminal and DWI defense experience
- Serving English- and Spanish-speaking clients across the Greater Houston Area
If you have questions about a recent arrest, the 15-day rule, ALR hearings, or possible penalties, we are ready to listen.
Call (713) 242-1779 now to speak with our team, or request your free consultation online.