Houston DWI Lawyer Serving Harris County

DUI stands for Driving Under the Influence. Typically, this offense applies more to drivers under the age of 21. A DUI applies when a minor has “any detectable amount of alcohol” in their system as they operate a vehicle. 

On the other hand, DWI stands for Driving While Intoxicated. This applies to any driver who has a blood alcohol level above 0.08% or is intoxicated from other substances. This includes drivers under age 21.

If you face DWI charges in Harris County, it is essential to partner with a Houston DWI lawyer to protect your rights.

Depending on the facts and final outcome of your case, there’s the potential to have your arrest record sealed or erased. The process of erasing your record is expungement. When you work with our Houston DWI defense attorney, we are happy to help explore the possibility of expungement. 

This allows you to have a clean slate. As such, it is essential to secure an experienced DWI defense lawyer to handle your case correctly.

No, not necessarily. After an arrest, the state does not automatically suspend your license. However, Texas operates under implied consent, which requires drivers to submit to a blood or breath test. Refusal to submit to testing has the potential to result in a suspension of your license. 

This type of suspension is an administrative license suspension. When one of the following applies, the state has the option to suspend your license. 

• You agree to a test and your BAC results are 0.08 or higher. 
• Law enforcement requests a BAC test, and you refuse.

Your Houston DWI lawyer will explain this process and help you understand your situation. Typically, after an arrest, you have 15 days to save your license. 

With a DWI expunction, you have a mechanism to remove information from your record. In Texas, a DWI conviction stays on your record forever. However, it’s possible to remove certain DWI arrests when there’s no formal conviction. 

Your best bet to attain an expunction is to work with an experienced, trusted Houston DWI lawyer.

How an Expunction Benefits You

When a judge dismisses your case, it doesn’t erase it from your record. For some professional careers, the stakes are high when there’s such a blemish on your record. If you drive professionally or you want to drive for a company, it’s best to expunge your record. 

The same is true for pilots. With a DWI on your record, you have the potential to lose your license or be denied one. While you might not have any pending charges, a criminal case can haunt you for the rest of your life. 

As it lingers around your record, it has the potential to impact things you might never expect. 

• Find a new job 
• Helping out at your child’s school if they require background checks 
• Applying for or renewing a professional license
• In a second DWI arrest, the prosecution might use a prior case against you. 
• Applying for housing

How to Know Whether Your Case Is Eligible

There are a few circumstances that can help you understand your eligibility for expunction. To start the process, contact a Houston DWI lawyer today. 

1. Officers arrested you but never charged you with a crime. 
2. You faced charges, but the case was dismissed. 
3. They charged you with a specific qualifying misdemeanor juvenile offense – if a “child” is convicted of only one charge or a violation of a penal ordinance or a single charge of Electronic transmission of visual material. 
4. You are a minor and were convicted of a single charge of a crime explained in Ch. 106, including possession of alcohol by a minor, driving a vehicle with any detectable amount of alcohol, or purchase of alcohol by a minor. 
5. Failure to attend a public school 
6. There is an arrest, charge, or conviction on your record because another person stole your identity and acted illegally under your identity. 
7. The court convicted you but later acquitted you in the court of appeals.  
8. A judge convicted you of a crime later pardoned by the Governor of Texas or the President of the United States. 

However, it’s important to understand that eligibility does not mean you qualify for an expunction. In certain cases, the court does not grant expunction. Moreover, there’s a statute of limitations to follow, which varies depending on the specific nature of your case. 

Curious about your legal options? Schedule a free consultation with our Houston DWI defense attorney. 

How the Expungement Process Works

With any complex legal matter, it is crucial to work with a Houston DWI lawyer. Your attorney ensures that your case is eligible for an expunction. Furthermore, they handle it efficiently and effectively. 

The only thing worse than not trying to expunge your record is denial because you filed ineffectively. No one wants to think they’re in the clear only to realize later that people can view their record. 

Oftentimes, the courts are a daunting and overwhelming place. To many, it’s hard to file a petition for expunction. As your Houston DWI attorney, we understand this process from start to finish. 

Moreover, we know how to structure and draft an effective petition. We understand which documents to file for you and how to frame the right information in the best possible way. 

To avoid errors, we check and recheck each document to ensure they are accurate, thorough, and truthful. If you meet all the requirements, we hopefully receive an Order of expunction. 

When this happens, the signed Order goes to the necessary agencies, requiring them to destroy any and all records detailed in the petition. 

While it sounds simple enough, it’s important to understand what it takes to be effective. As your Houston DWI lawyer, Herman Martinez is your advocate to protect your future. Schedule a case evaluation today to learn more about your options.

Standard Field Sobriety Testing is a series of tests developed by the National Highway Traffic Safety Administration. Administered by law enforcement, the purpose of these tests is to help determine whether an individual committed a DWI. 

As a Houston DWI Lawyer, Herman Martinez is quite familiar with these tests. When an officer asks you to perform these tests, it is important to remember that you have rights. 

Typically, SFST consists of three tests administered in a standardized manner. The goal is to attain indicators of impairment and provide probable cause for the arrest. The three tests include the following. 

• Walk and turn test 
• One leg stand 
• Horixontal Gaze Nystagmus (HGN)

If an officer requests that you perform these tests, call our Houston DWI defense attorney for a consultation. Often, these tests don’t consider the full picture, leaving a wide margin of error.

Houston DWI lawyer Herman Martinez has certification with field sobriety tests to help you with your case. To schedule a consultation, call our firm today.

Walk and Turn 

There are 15 separate instructions within the Walk-and-Turn test. Here is how the test plays out. 

Place your feet on the line in a heel-to-toe manner with your left foot in front of your right with your arms at your side. 

As the officer gives you these instructions, they should also demonstrate the position. Never begin the test before they instruct you to. When they instruct you to start, take nine steps heel-to-toe on the line. On your ninth step, take a series of small steps to turn around. 

Then, return to your previous position in the same manner. Moreover, count each step you take out loud, and look at your feet as you walk. 

Do not raise your arms or stop once you begin the test. Say that you understand the parameters. 

There are eight possible indicators in this test, and the officer only needs two for probable cause. With a Houston DWI lawyer on your side, you have an advocate to fight for your future. 

1. Starts too soon – you start the test before the officer finishes providing instructions. 
2. Can’t balance during the instructions – you cannot maintain your own balance while the officer explains. 
3. Stops while walking – you stop during any point of the test. 
4. Missing heel-to-toe steps – you miss the heel-toe connection by half an inch. 
5. Raising arms – you raise your arms more than six inches from your body to balance. 
6. Wrong turn – you fail to turn to the left or don’t use a series of small steps. 
7. Miscounting steps – you take an incorrect number of steps. 
8. Stepping off the line – you step off of the designated or imaginary straight line. 

An officer may repeat the instructions if you request them to. However, they will not allow you to practice. Because it only requires two clues to fail this test, you need a Houston DWI lawyer who understands the flaws.

WAT Flaws

There are several problems with this test in the eyes of any Houston DWI attorney. 

• There’s no room to practice. 
• Weight impacts the results. 
• Prior injuries also impact the results. 
• It falls to you to disclose any injuries because officers do not ask. 
• Officers must determine whether indicators result from nervousness, language barriers, inexperience, etc. 
• You receive no credit for what you do correctly. 
• Often, officers administer this test on the side of a busy roadway. 

The bottom line is that it is quite easy to fail this test. That’s why it is crucial to have an advocate on your side. 

One-Leg Stand Test

There are about 13 different instructions in the one-leg stand test. Again, do not begin this test until the officer instructs you to do so. First, you stand straight and place your feet together, holding your arms at your side. 

When the officer instructs you to do so, raise one leg about six inches off the ground. Keep your raised foot parallel to the ground. Then, look at your elevated foot and begin to count. 

One thousand one – one thousand two – one thousand three – until the officer instructs you to stop. 

The officer should use a timer and require you to perform the test for about 30 seconds. There are four indicators within this test. However, it only takes two minor errors for probable cause. 

• Swaying – you start to sway as you balance
• Raising arms – you raise your arms more than six inches to maintain balance 
• Hopping – you hop to maintain balance. 
• Dropping your foot – you put your foot down.

The officer only offers instructions once unless you ask them to repeat them. As you can probably tell, this test sounds easier than it is. Your Houston criminal lawyer will tell you that it often leaves out crucial factors. Balance is not universal, and our bodies aren’t all built the same.

One-Leg Stand Test Flaws

For any Houston DWI lawyer, there are several flaws to consider with the one-leg stand test. 

• There’s no opportunity to practice. 
• Your weight has the potential to impact results. 
• Prior injuries impact the results. 
• Officers do not ask about prior injuries to the back, legs, or neck. 
• The officer has to determine whether indicators result from inexperience, nervousness, or language barriers. 
• There’s no credit for what you do correctly. 
• Often, officers administer the test next to a busy street. 
• Swaying is a subjective indicator that varies from person to person. 

As you can see, there’s a wide margin for error in judgment. When this is the basis of your arrest, our Houston criminal defense lawyer is ready to fight for your future. 

Horizontal Gaze Nystagmus Test

This test relies on a horizontal gaze nystagmus as an indicator of inebriation. An HGN is an involuntary motion in which the eye jerks to the side as your gaze drifts. Typically, this occurs when you rotate your eyes at high angles. 

However, with alcohol impairment, this often occurs at lower angles and in an exaggerated movement. Moreover, a drunk driver tends to have greater difficulty tracking moving objects. 

When an officer administers this test, they look for three indicators of intoxication. 

1. Rough pursuit – the eye does not follow a moving object smoothly. 
2. Distinct jerking at maximum deviation – there is distinct and noticeable jerking when the eye is as far to the side as possible. 
3. Nystagmus occurs prior to 45 degrees – the jerking begins within 45 degrees of center. 

Officers test each eye for indicators. If they observe four or more clues, they consider you intoxicated. 

HGN Flaws

As a Houston DWI lawyer, Herman Martinez recognizes the flaws in field sobriety tests. The HGN has a range of flaws that include the following. 

1. The test does not measure your mental faculties. 
2. It does not measure your physical faculties. 
3. People have natural nystagmus at times. 
4. The indicators are millimeter ticks in the eye, and the police do not know what is natural for you. 
5. Too many factors prompt false nystagmus, such as facing the headlights of oncoming traffic. 
6. The clues have specific time requirements for proper administration. If an officer violates this, it compromises the entire test. 
7. There’s no camera close enough to your eye for a jury to observe the evidence for themselves. 
8. Head injuries impact the results. 

For a Harris County DWI lawyer, this test has far too many flaws for an officer to gain probable cause in a realistic manner. When you face charges and believe you performed well in a field sobriety test, it is crucial to partner with a Houston DWI lawyer you can trust. 

Call the Martinez Law Firm today for a free case evaluation. 

Since HB3582 went into effect in September 2019, it’s possible to receive deferred adjudication for a DWI conviction. Also known as probation, this is something to speak with a Houston DWI lawyer about when you face DWI charges. 

Our legal team always fights for the best possible outcome in your case. In certain situations, it’s possible to negotiate a plea deal that results in probation instead of a jail sentence. 

Deferred Adjudication in Texas

In Texas, the Code of Criminal Procedure refers to probation as “community service.” It states that those who receive community service have the potential to defer criminal proceedings on their case without a judgment. Additionally, this allows them to suspend any jail sentence they face so long as they fulfill the terms of their probation. 

A judge has the option to grant probation if they deem that it is “in the best interest of society” and feel it is an appropriate sentence for your case. When you partner with our Houston DWI lawyer, you gain an advocate who pursues your best interests. If you face a potential prison sentence, probation is a great alternative. 

Factors That a Judge Considers

At your consultation with our Houston DWI defense attorney, we examine the details of your case. As we analyze the information, we advise you on the best route for your defense. When probation is a possibility, we look for certain factors that reduce the severity of your DWI charges. 

• Whether the case involves any aggravating factors, such as traffic violations or evading arrest 
• If this is your first offense for an alcohol-related crime 
• Whether you were on the clock (for commercial drivers with a CDL)
• Your BAC levels do not exceed 0.15
• Whether a minor was in the vehicle with you at the time of the offense

Even when these factors don’t apply to your case, it does not necessarily mean you are eligible for probation. Conversely, it’s possible for someone facing a 3rd DWI offense to submit a request for probation. As such, it’s important to try and preserve your freedom. 

Schedule a free consultation with our legal team today to learn more about your rights. 

Potential Terms of Probation

When your Houston DWI lawyer negotiates probation, it acts as a contract between you and the judge. As such, there are terms in place for you to fulfill. Here are a few potential terms the judge might include with deferred adjudication. 

• Avoid alcohol 
• Commit no other criminal offenses 
• Continue and maintain employment or school obligations, or find employment
• Pay the necessary fees (court, supervision, administrative, etc)
• Attend a program or course, such as a DWI education program or M.A.D.D. impact course
• Submit to random testing for alcohol 
• Install an interlock device into your vehicle 
• Report to your probation officer at a specific frequency

Additionally, when you receive probation, part of what your Houston DWI lawyer negotiates is the length of the period. Often, this reflects the severity of your charges as well as other factors. 

For instance, a first-time DWI offense may result in 6 months to 2 years of probation. However, our criminal defense team works to negotiate shorter probationary periods. To learn more about the factors that impact your potential probation, schedule a free case evaluation with our team. 

Probation Violations & Penalties

As mentioned above, when our Houston DWI lawyer negotiates probation with a judge, it acts as a contract. That means you agree to fulfill the terms of the agreement. When you fail to do so, you face harsh penalties. 

• Time in jail or prison 
• Additional fines and fees 
• Extension of your probationary period
• Revocation of probation

When someone accuses you of violating the terms of your probation, it is crucial that your contact your Houston DWI lawyer right away. Our team analyzes the accusations and allegations against you to build a defense to preserve your probation and protect your future. 

For instance, if your probation required an interlock device in your vehicle, it requires you to provide a sample before driving. However, mouthwash has the potential to leave traces of alcohol in your mouth. In rare cases, this might trigger an alert that you violated your probation. 

With a Houston DWI defense attorney on your side, you have someone to argue that it is a false positive and help you avoid harsh penalties. To schedule a FREE case evaluation with our Houston DWI lawyer, call our firm today.

When you choose a “local” DWI attorney, it’s important to understand what that means. Typically, a Harris County DWI defense attorney works mainly in the county. That means that they often go before specific judges and work opposite particular prosecutors. 

Generally, local lawyers like Herman Martinez have far more insight into the “ins and outs” of county courts. A good lawyer knows how to attain the best possible outcome in any county. However, some judges have particular quirks, preferences, and other aspects that guide their decisions. 

When you meet with a Houston DWI lawyer, it’s a good idea to talk to them about their experience in Harris County courts. Moreover, it’s a good idea to gauge your comfort level with the attorney because you need to be able to trust them. 

Your DWI attorney is your advocate. They fight to protect your future and look out for your best interests. 

Relationships

Working locally offers criminal defense attorneys a great advantage. When you describe your specific situation, your Houston DWI lawyer starts to see how the pieces fit together. Additionally, they bring their insights of the individuals involved in a case. 

With a local attorney, you have someone familiar with Harris County judges, court clerks, prosecutors, and more. You also have someone with a great deal of experience in local criminal procedures. 

This knowledge and these personal relationships offer you an intangible yet real advantage in your case. 

Experience

When you work with a Houston DWI lawyer, they need to know the people involved. Moreover, they need experience handling DWI cases in front of different judges. For instance, one judge might find a specific argument more persuasive than another. 

Alternatively, a judge might prefer a certain style of argument. These are preferences you only learn about through experience. 

Every case has strong points and weak points. With a good attorney on your side, you have someone who knows how to play to the strengths of your case. Further, you have someone who knows how to present your case in the best light. 

Knowing the Local Rules

Each court has specific rules of practice. Often, they vary quite widely. These rules are extensive, and some judges adhere to them more than others. Without a Houston DWI lawyer, you might find that you offend a judge without proper preparation. 

These rules range from how you get your hearing on the calendar to knowing who needs to appear. Generally, there are too many courts for one attorney to know them all. However, a local DWI attorney has a stronger understanding of the Harris County courts than a visiting lawyer. 

Reputation

Reputation matters in every area of the law. Your Houston DWI lawyer spends a lot of time in court. As such, they know which attorneys and firms have a strong reputation with other attorneys, court staff, and judges. 

Generally speaking, local DWI attorneys take special care to maintain a good reputation in their home courts. Moreover, they know how to prepare a strategic and thorough defense to protect your future. Visiting attorneys rarely have this incentive because they might never see these people again. 

Convenience

The convenience of a Houston DWI defense attorney is another major benefit over an outside firm. When your attorney’s office is hundreds of miles away, they probably won’t meet with you as often as you like. Additionally, local representation means you can move from the office to the courts in a matter of minutes. 

All of this helps you to feel more comfortable with your Houston DWI lawyer. Moreover, you have the advantage of being on their home turf. Often, this makes the process far less stressful. 

If you face DWI charges in Harris County, it is crucial to work with a local criminal lawyer. When you have the right representation, you have an advocate on your side. At The Martinez Law Firm, we always fight for the best possible outcome in your case. 

From dismissal to reduced charges, we work with you to protect your rights and your future. Call to schedule a free consultation today.