YOUR 15 DAY DEADLINE IS APPROACHING FAST! Call our Houston DWI lawyers today!
Even if your court is not making you appear right now, you still need to hire a Houston DWI defense lawyer immediately. Otherwise, your driver’s license could be suspended!
Don’t wait! Call us today if you have been arrested for a DWI.
The Houston DWI lawyers at the Martinez Law Firm understand how difficult and stressful this situation is. As such, we encourage you to download our free DWI eBook for tips and more information regarding how you should choose a Houston DWI attorney.
A Houston DWI lawyer protects your rights and your license!
If you’ve been caught operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher, then you’ve committed a DWI crime under Texas laws. The steps you take now have a direct impact on your right to drive, your freedom, and your future.
It is essential to understand the circumstances of your case. Moreover, when you know the evidence they plan to use against you, you make better choices. With proper representation, you stand a fighting chance.
At The Martinez Law Firm, it is our mission to make sure our clients have the resources and representation necessary to seek the best possible outcome for their cases. With former prosecuting experience, we know when the state seeks the harshest possible penalties for DWI offenders.
However, we also know how to defend you against them. It’s this kind of knowledge and incisive representation that has earned our firm “Top Houston DWI Lawyer” recognition in H Magazine five years in a row.
The Martinez Law Firm has invaluable experience and practical knowledge about DWI charges and sentencing, including knowledge about the Pretrial DWI Program. Please note that the Pretrial DWI Program, formally known as the DIVERT Program is unique to drunk driving cases in Harris County, Texas.
This program allows a person to avoid a conviction, avoid paying the surcharges that are associated with a conviction, and clear their record after they successfully complete the program.
Unfortunately, not every DWI case qualifies for this program. At the Martinez Law Firm, our Houston DWI lawyer has the knowledge to help you completely understand the pros and cons of this program.
With our extensive experience, track record of success, and in-depth knowledge of the laws surrounding your case, our Houston DWI defense attorney team is fully equipped and qualified to secure a favorable outcome on your behalf. Make the smart choice – retain our representation.
What Are The Penalties For DWI In Texas?
Texas penalties often vary depending on the severity of the circumstances, but all call for competent legal representation. Often there are also annual fees to keep your license valid after DWI convictions and, depending on the details of your case, the costs of interlock mechanisms, restitution, alcohol treatment programs.
Along with the basic types of DWI defined by the state, there are a number of variations of the crime that yield serious consequences. Our firm can represent clients for all types of cases and issues regarding DWI.
When you need a Houston DWI lawyer, trust the team at The Martinez Law Firm.
Field sobriety tests assess a person’s motor skills and “divided attention” abilities to determine if they are intoxicated. Herman Martinez is one of the few DWI lawyers in Houston, Texas who is certified by the National Highway Traffic Safety Administration (NHTSA) to administer field sobriety tests like the police officers that make DWI arrests.
The Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand are the typical tests that are used when someone is being investigated for DWI. If these tests are not done properly, you can use them as a defense in your trial. By hiring a Houston DWI lawyer that is certified to administer these tests and who was also a former Chief Prosecutor, you are truly getting invaluable legal experience in this area of the law.
When you have been charged with driving while intoxicated in Texas, you are subject to what is known as the “15 Day Rule.” Per state law, you have precisely 15 days from your arrest to request an ALR hearing.
In this instance, ALR refers to Administrative License Revocation.
Should you fail to request a hearing with these 15 days, your driver’s license will automatically be suspended.
An ALR hearing is extremely technical and can be difficult to navigate. That’s why you need to contact a DUI and DWI lawyer immediately after your arrest. With over 20 years of experience, our Houston DWI lawyer helps clients prepare for ALR hearings to protect and maintain their driving privileges.
As mentioned above, ALR refers to Administrative License Revocation. An ALR hearing determines whether you keep your license after a charge of driving while intoxicated. However, ALR hearings are not conducted as general criminal proceedings.
Instead, an administrative law judge (ALJ) presides over these hearings. Additionally, these judges are not necessarily trained in the laws surrounding your arrest. You’ll notice that they also have no jury.
That’s part of why it is so crucial to have a Houston DWI lawyer at your side.
Oftentimes, this leads to these hearings being one-sided and difficult for the individual to win on their own. The stronger your defense, the more likely you are to receive a good recommendation or have your charges reduced or dismissed.
Having a skilled Houston criminal defense attorney at your side gives you an advocate who knows how to work with the ALJ. Our experienced Houston DWI lawyer is entirely familiar with the ALR hearing procedures.
We fight to help you maintain as much of your independence as possible while navigating your charge.
Even for first-time offenders charged with a DWI, the courts take these charges very seriously. You may receive a stiff penalty that has a lasting impact on your life regardless of your record.
A dedicated Houston DWI lawyer helps you resolve this situation in your favor, fighting for the best possible outcome.
Whether that means having the charges dropped or reduced or they are able to secure a full acquittal, an experienced DWI lawyer can be a great advocate.
Herman Martinez has decades of experience as a criminal defense lawyer as well as the Chief Prosecutor of the Harris County District Attorney’s Office. With this experience, he fights to help you avoid conviction.
Our team of DWI defense attorneys works tirelessly to achieve the best results imaginable for our clients.
Particular DWI situations result in a felony charge. Whether you have multiple charges of operating under the influence or were involved in a DWI that caused injury or death, you may be facing such charges. Being convicted of a felony might result in paying fines and spending time in jail or prison.
How much time you face in a Texas penitentiary depends upon the circumstances of your case, of course. However, as a convicted felon, you also face an impact on your social life. You won’t have access to certain jobs and may have difficulty attaining any job.
Moreover, you may find that you are unable to secure a loan or even a place of residence. You may be on probation for years to come.
If you face conviction for a potential felony, you need the help of a knowledgeable criminal defense attorney with specialization as a Houston DWI lawyer.
Have you recently been arrested for driving while intoxicated in the Greater Houston Area? If so, you may find it beneficial to become familiar with the Texas Penal Code regarding drunk driving and DWI laws.
When you have questions about the penal code, Houston DWI defense attorney Herman Martinez can provide valuable insight into the drunk driving statutes of Texas.
As you familiarize yourself with these statutes, it is important to remember that you have the right to legal representation. Often, people find that an experienced Houston DWI lawyer is their greatest advocate.
Our firm utilizes the law to your advantage and defends you against the many penalties that follow a conviction. If you are facing these charges, call on our firm today to speak with a Houston DWI defense attorney.
At The Martinez Law Firm, we dedicate ourselves to providing each client with the highest level of service and legal representation possible. Our Houston DWI lawyer challenges charges for drivers throughout the Houston area, using our resources and experience to seek the best outcome in every case.
Led by a former prosecutor, we have the ability to build even more effective defense strategies based on an understanding of how the “other side” thinks and works.
Due to the serious and complex nature of your DWI case, we strongly advise you against navigating through the complexities of the legal system alone.
Our Houston DWI lawyer builds effective and personalized defense strategies. Moreover, we offer guidance down the path that best suits your needs. Entrust your case to our firm today.
When you face DWI charges in Texas, it’s a serious matter. Often, the state levies harsh penalties when they convict someone of drunk driving. To ensure you have legal representation from an experienced Houston DWI lawyer, contact The Martinez Law Firm.
We want to help answer your questions and build a defense that protects your future. Moreover, we always pursue the best possible outcome of your case. Below, we look at some of the most common questions around Texas DWI cases.
If you have any additional questions, call our firm today to schedule a free consultation.
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.
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.
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.
There are a few circumstances that can help you understand your eligibility for expunction. To start the process, contact a Houston DWI lawyer today.
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.
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.
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.
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.
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.
There are several problems with this test in the eyes of any Houston DWI attorney.
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.
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.
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.
For any Houston DWI lawyer, there are several flaws to consider with the one-leg stand test.
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.
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.
Officers test each eye for indicators. If they observe four or more clues, they consider you intoxicated.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
