What Makes Herman Martinez Harris County's Most Experienced DWI Defense Attorney?
Harris County is the most populous county in Texas and processes more DWI arrests than any other county in the state. The Harris County District Attorney's Office maintains a dedicated DWI division, and prosecutors there are experienced, aggressive, and well-resourced. Defending a DWI in Harris County requires an attorney who understands that system from the inside — not just from the defense table. That's the standard clients expect from a Harris County DWI lawyer who has actually sat on the other side of the table.
Herman Martinez is that attorney. Before founding The Martinez Law Firm, he served as Chief Prosecutor in the Harris County DA's Office. He knows how prosecutors build DWI cases, what evidence they consider strong, and — critically — where those cases are vulnerable. Every Harris County DWI client of Herman's benefits from that inside perspective every step of the way: from the ALR hearing through suppression motions and, if necessary, trial.
"I spent years building DWI cases at the Harris County DA's Office. I know how they think, what they need, and where they are weak. That knowledge is now entirely in your corner."
— Herman Martinez, Founding AttorneyHow Are Harris County DWI Cases Processed Through the Court System?
Harris County processes misdemeanor DWI charges through its 16 Criminal Courts at Law and felony DWI charges through Harris County District Courts — both located at 1201 Franklin St., Houston, TX 77002. The county also operates the DIVERT deferred prosecution program for eligible first-time defendants, and the ALR license suspension proceeding runs separately through Texas DPS within a 15-day filing deadline from arrest.
First and second-offense DWIs (Class B and Class A misdemeanors) are handled in one of Harris County's 16 Criminal Courts at Law, located in downtown Houston. Herman practices in all 16 courts and knows the individual prosecutors and judges assigned to DWI cases. That courtroom-by-courtroom familiarity is what separates an effective Harris County DWI lawyer from an attorney who is filing in this county for the first time.
Third-offense DWI, DWI with a child passenger, and intoxication assault or manslaughter are felonies prosecuted in Harris County District Courts. These courts carry significantly more severe sentencing ranges. Herman handles felony DWI cases in Harris County District Courts with the same former-prosecutor strategic advantage. Felony exposure is exactly when clients most need a Harris County DWI lawyer who has prosecuted these same charges before defending against them.
Regardless of which Harris County court handles your criminal case, you have exactly 15 days from your arrest date to request an ALR hearing with Texas DPS to contest your license suspension. Herman files this request immediately upon retention for every DWI client. Missing this window is one of the costliest mistakes a defendant can make without a Harris County DWI lawyer watching the calendar.
Harris County's DIVERT program is a deferred prosecution option for eligible first-time DWI defendants. Successful completion results in dismissal. Herman evaluates DIVERT eligibility for every first-offense client and advises whether it is the best path or whether a stronger evidentiary challenge is warranted based on the facts of the case. Making that call correctly is precisely the judgment call clients rely on a Harris County DWI lawyer to make.
What Types of Cases Does Herman Martinez Handle for Harris County Clients?
Herman Martinez defends the full range of DWI and criminal charges in Harris County courts — from first-offense misdemeanor DWI through felony intoxication assault, drug offenses, assault, federal charges, and record-clearing matters. Whatever the charge, a Harris County DWI lawyer with trial experience across all of these case types brings the same rigor to every file.
Which Law Enforcement Agencies Make DWI Arrests in Harris County?
DWI arrests in Harris County come from a wide range of agencies, each with its own procedures, equipment, and enforcement patterns. Herman understands how each agency operates and what to look for in their arrest reports:
Handles DWI arrests within the City of Houston — the largest DWI enforcement agency in Harris County.
Patrols unincorporated Harris County areas and major corridors including Beltway 8 and FM roads.
Each precinct covers specific areas of the county. Precinct 4 and Precinct 5 are particularly active in DWI enforcement.
Patrol interstate highways and state highways crossing Harris County including I-10, I-45, I-69, and I-610.
The most immediate step after a Harris County DWI arrest is requesting the ALR hearing within 15 days — see the ALR hearings page for the full process and what Herman does at that hearing. First-time defendants may qualify for the Harris County DIVERT program — see the DWI divert program page for eligibility requirements and how it compares to fighting the charge on the merits. Weighing DIVERT against a trial strategy is a decision best made with a Harris County DWI lawyer who has handled both outcomes successfully.
Harris County DWI Defense — FAQ
The Harris County DIVERT (DWI Intervention and Vertical Enforcement) program is a deferred prosecution option for first-time DWI defendants who meet specific eligibility criteria — no prior DWI convictions, no commercial driver's license, BAC below 0.15, no accident involving injury. Participants complete an intensive supervision program; upon successful completion, the charge is dismissed. Herman evaluates DIVERT eligibility for every first-offense client and weighs it against the strength of a full evidentiary challenge. Clients evaluating DIVERT eligibility are well served by a Harris County DWI lawyer who can candidly compare it against the odds of winning outright.
Herman worked at the Harris County District Attorney's Office — the same office prosecuting your case. He knows the internal charging policies, which evidence prosecutors consider strong or weak, what arguments move Harris County judges, and how the DA's office evaluates plea negotiations. That specific institutional knowledge of the Harris County system is a strategic advantage no purely defense-side attorney can replicate.
Refusing a breath or blood test results in automatic license suspension under Texas implied consent law, but it also means the prosecution has no chemical test result to present to a jury. Harris County prosecutors handle refusal cases frequently and will rely more heavily on officer observations, field sobriety test performance, and dashcam video. Herman challenges each of these elements — the validity of the stop, proper FST administration, and whether the officer's observations justify the arrest — to build the strongest possible defense even without a chemical test result. A refusal case is exactly the kind of file where a Harris County DWI lawyer's cross-examination skill matters most.
Texas imposes a Driver Responsibility Program surcharge on DWI convictions: $1,000 per year for three years for a first offense, $1,500 per year for a second offense, and $2,000 per year if your BAC was 0.16 or above. These surcharges are on top of court fines. Avoiding conviction — or achieving a lesser charge — is one of the most financially significant outcomes Herman fights for in every Harris County DWI case.
A dismissed Harris County DWI — including cases resolved through DIVERT — is eligible for expunction after the applicable waiting period. After expunction, the Harris County and Texas DPS records are destroyed and you can legally deny the arrest on most applications. Cases that result in deferred adjudication may qualify for a non-disclosure order rather than full expunction. Herman evaluates post-case record-clearing options for every client whose charge is dismissed or deferred. Planning for expunction from day one is standard practice for a Harris County DWI lawyer focused on the case's long-term outcome, not just the immediate charge.
A first-offense misdemeanor DWI in Harris County typically resolves in 6 to 12 months through negotiation or program completion; felony DWI cases and cases that proceed to trial take 18 months or more. The court's docket, the complexity of the evidence, and the defense strategy all affect timing. Herman updates every client on case status and what to expect at each stage — you will always know where your case stands.
Yes — Houston Police DWI cases are among the most common Herman handles. HPD uses Intoxilyzer 9000 breath testing equipment and has specific dash and body camera systems. Herman knows HPD's protocols, how to obtain camera footage, and what deviations from proper procedure look like in HPD DWI cases. The criminal case is prosecuted by the Harris County DA's Office regardless of whether the arrest was made by HPD, the Harris County Sheriff, or a constable. No matter which agency made the stop, the case still needs a Harris County DWI lawyer who understands that agency's specific procedures.
After a Harris County DWI arrest, you will be arraigned — typically within 24–72 hours if not bonded out sooner. At arraignment, the charge is formally read and you enter a plea (almost always not guilty at this stage). Bond is set or confirmed. Herman can attend arraignment and immediately begin working on your case — filing the ALR hearing request, requesting the offense report, and subpoenaing video evidence before it is deleted from retention systems.
Yes — seriously. A DWI conviction in Harris County results in a mandatory one-year disqualification of your commercial driver's license for a first offense, and a lifetime disqualification for a second conviction. Texas professional licensing boards for nurses, teachers, pharmacists, engineers, and others also review criminal history. Herman advises every Harris County client on the specific licensing implications of their charge and defends aggressively to protect both their freedom and their professional standing.
No case is hopeless. A BAC reading above 0.15 upgrades a first offense to a Class A misdemeanor with higher penalties — but the reading itself is challengeable. Breathalyzer results in Harris County (Intoxilyzer 9000) depend on proper instrument calibration, maintenance records, and operator certification. Blood test results depend on chain of custody, lab procedures, and sample handling. Herman subpoenas all of this documentation in every case where a chemical test result is the prosecution's primary evidence. Errors in any of these areas can suppress or undermine the reading entirely. A high BAC number does not change what a Harris County DWI lawyer needs to do — scrutinize every step between the stop and the number itself.