Attorney Profile

Herman
Martinez

Former Chief Prosecutor. Now Fighting for You.

Herman Martinez brings a perspective no purely defense-side attorney can replicate. He prosecuted serious DWI and criminal cases at the Harris County DA's Office — and now uses that knowledge to defend clients across Houston and Harris County. As a Houston DWI attorney, his background as a former prosecutor and judge gives him a rare, three-sided view of exactly how these cases are built, argued, and decided.

Dual Board Certified — DUI Law (DDLA) & Criminal Law (TBLS)
Former Chief Prosecutor — Harris County District Attorney's Office
NHTSA-Certified in Standardized Field Sobriety Testing
Bilingual — Full representation in English & Spanish
Herman Martinez — Houston DWI Defense Attorney
Herman Martinez
DWI & Criminal Defense · Houston, TX
30+ Years
Experience
10.0 Avvo
Rating
2 Board
Certifications
Credentials & Recognition

Nationally & State Recognized

DUI Defense Lawyers Association — Board Certified in DUI Law

Board Certified

DUI Defense Lawyers Association

Texas Board of Legal Specialization — Board Certified Criminal Law

Board Certified

Texas Board of Legal Specialization

10.0 Superb ★★★★★

Avvo Rating 10.0

Superb — Highest Rating

NHTSA FST Certified

NHTSA Certified

Field Sobriety Test Administration

How Has Herman Martinez Worked Both Sides of the Courtroom?

Herman Martinez founded The Martinez Law Firm in 2011 after building one of the most well-rounded legal careers in Harris County. His path to becoming a DWI and criminal defense attorney was not a straight line — it was a deliberate journey through prosecution, the judiciary, and private practice that gives him a strategic depth his opponents simply cannot match.

Before defending clients, Herman spent years building the cases against them — as Chief Prosecutor at the Harris County District Attorney's Office from 1997 to 1999. He knows exactly how prosecutors evaluate evidence, what they consider a strong case, and — critically — where cases can be attacked. That inside knowledge is the foundation of every defense strategy he builds today.

"Most defense attorneys have to guess what the prosecution is thinking. I spent years doing that job. I don't guess."

— Herman Martinez, Founding Attorney

Herman later served as an Associate Judge for the City of Houston in 2011, adding a judicial perspective to his already unique background. He understands how judges evaluate motions, what arguments land, and what the courtroom looks like from the bench — not just the defense table.


What Do Herman Martinez's Board Certifications Mean for Your Case?

Board certification is not automatic, and it is not the same thing as simply being licensed to practice law. The Texas Board of Legal Specialization requires attorneys seeking certification in Criminal Law to have practiced for at least five years, to have handled a minimum number of trials and contested hearings, to be favorably evaluated by judges and peer attorneys who have seen their courtroom work firsthand, and to pass a full-day written exam covering criminal procedure, evidence, and trial practice. The DUI Defense Lawyers Association applies a parallel standard for its DUI Law certification, built specifically around the science and procedure unique to breath, blood, and field sobriety testing rather than criminal law generally.

Herman Martinez holds dual board certifications — one in Criminal Law (TBLS) and one in DUI Law (DDLA). Fewer than 1% of Texas attorneys hold even a single board certification, and the exam and experience requirements are designed to weed out the vast majority of applicants. Dual certification across two related but distinct practice areas — general criminal defense and the specialized science of DWI defense — is genuinely rare, and it means Herman has been independently vetted twice, by two different certifying bodies, on the exact two areas of law that determine the outcome of a Houston DWI case.

Board Certified DUI Law — DUI Defense Lawyers Association Board Certified Criminal Law — Texas Board of Legal Specialization
Dual Board Certified
DWI & Criminal Defense
Houston, Texas

What Is Herman Martinez's NHTSA Certification and How Does It Help Your Defense?

Herman Martinez is certified by the National Highway Traffic Safety Administration (NHTSA) in the Standardized Field Sobriety Testing protocols — the same certification that law enforcement officers receive when learning to administer roadside sobriety tests.

This matters because field sobriety tests are highly technical. Officers receive specific training on how to instruct drivers, how to score the tests, and what constitutes a valid administration. When those protocols are not followed exactly, the results lose evidentiary value — and the charge becomes vulnerable.

Because Herman has the same NHTSA training as the officer who arrested you, he can identify every deviation from proper procedure — angle of incline on the walk-and-turn, exact position of the officer during the one-leg stand, instruction language for the HGN test — and translate those violations into legal arguments that can suppress evidence or undermine the prosecution's case entirely.

Learn more about how we challenge field sobriety test evidence or breath and blood test challenges.


Education

Herman Martinez earned his Juris Doctor from South Texas College of Law (Class of 1996), where he served as President of the Hispanic Law Students organization and was inducted into the Order of Lytae honor society. His Bachelor of Arts degree is from Florida State University (Class of 1990).

Juris Doctor
South Texas College of Law
Class of 1996
Order of Lytae honor society. Former President, South Texas Hispanic Law Students.
Bachelor of Arts
Florida State University
Class of 1990
Bachelor of Arts degree. Foundation for a career built on rigorous analytical thinking.

What Bar Memberships and Professional Associations Does Herman Martinez Hold?

Herman is an active member of the organizations that shape DWI and criminal defense law in Texas and nationally. These memberships keep him current on evolving case law, testing technology, and defense strategies.

Harris County Criminal Lawyers Association
Texas Criminal Defense Lawyers Association (TCDLA)
National College for DUI Defense (NCDD)
Harris County Bar Association
Hispanic Bar Association of Houston
Fifth Circuit Bar Association

What Awards and Recognition Has Herman Martinez Received?

Herman Martinez has been named Top Lawyer and Top DWI Lawyer by Houston Texas Magazine in 2008, 2009, 2010, and 2011, and received Avvo's Top DUI Contributor and Clients' Choice DUI Lawyer designations in 2012 and 2013. His Avvo rating is 10.0 Superb — the highest rating category the platform awards. He is also a Super Lawyers honoree, is Peer Rated through Martindale-Hubbell — a designation based on confidential evaluations submitted by other attorneys and judges who have worked opposite him or observed his practice — and has continued to be recognized as a Top Attorney by H Texas Magazine. In 2026, ThreeBestRated named The Martinez Law Firm a Best Business, an independent ranking based on reputation, history, and customer experience rather than paid placement.

2011
Top DWI Lawyer
Houston Texas Magazine
2009
Top Criminal Defense Lawyer
Houston Texas Magazine
2010
Top Lawyer
Houston Texas Magazine
2008
Top Lawyer
Houston Texas Magazine
2013
Top DUI Contributor & Top DUI Lawyer
Avvo
2012
Clients' Choice DUI Lawyer
Avvo
Ongoing
Super Lawyers Honoree
Super Lawyers
Ongoing
Top Attorney
H Texas Magazine
Ongoing
Peer Rated
Martindale-Hubbell
2026
Best Business
ThreeBestRated

How Has Herman Martinez Served Houston's Legal Community Beyond the Courtroom?

Herman Martinez provides legal commentary for local radio stations and has appeared on local Houston television. His ability to explain complex legal situations clearly — in both English and Spanish — makes him a sought-after voice on criminal and DWI matters in the community.

As former President of the South Texas Hispanic Law Students organization, Herman's commitment to the Houston community extends beyond the courtroom. He serves clients across Houston, Harris County, and surrounding areas including Pasadena, Pearland, Sugar Land, and Missouri City.


Why Do Clients Choose Herman Martinez for DWI and Criminal Defense in Houston?

Clients who hire Herman Martinez retain an attorney who handles every case personally — from the first consultation through final resolution — with no hand-off to junior associates or case managers. His former role as Associate Judge means he also understands how judges evaluate arguments and what moves courts at every stage of a proceeding.

That judicial perspective, combined with his prosecutor experience, makes him uniquely effective in pretrial negotiations and motions practice. It's a rare combination for a Houston DWI attorney to hold all three vantage points — prosecutor, judge, and defense counsel — and clients consistently cite it as the reason they called him first.

Unique Advantage

Herman spent years helping build DWI cases at the Harris County DA's Office. Now he uses that same knowledge to find weaknesses the prosecution doesn't want you to know about. Learn why a former prosecutor matters for your defense.

For a detailed breakdown of the DWI defense strategies Herman employs — including ALR hearings, breath and blood test challenges, and field sobriety test defenses — see the DWI defense overview. For criminal defense cases outside DWI, see the criminal defense overview. For actual outcomes Herman has achieved for clients, see the case results page.

Free Case Evaluation Call (713) 242-1779 View Case Results
Career History

30+ years Building and Defending Cases

1995
Fifth Circuit
Legal Intern
United States Court of Appeals for the Fifth Circuit — foundational federal legal training.
1996
Harris County
Briefing Attorney — 334th District Court
Prepared legal briefs and assisted the District Court bench directly after graduating law school.
1997–1999
Harris County DA's Office
Chief Prosecutor
Oversaw prosecution of serious DWI and criminal cases across Harris County. This is the experience that now powers every defense strategy Herman builds.
1999–2011
Madrid, Martinez & Associates
Partner
12 years building a reputation as one of Houston's most effective DWI and criminal defense attorneys.
2011
City of Houston
Associate Judge
Served as Associate Judge for the City of Houston — adding a judicial perspective that sharpens every argument he makes in court today.
2011–Present
The Martinez Law Firm
Founding Attorney
Founded to provide Houston clients with direct, personal DWI and criminal defense representation — powered by a career built across prosecution, the judiciary, and private practice.
Client Reviews

What Houston Clients Say About Herman

"
"Herman truly exceeded my expectations. His understanding of how the prosecution thinks made all the difference. I would not have known those angles were even possible."
"
"Best DWI Lawyer in Houston. He knew things about the prosecution's case that I didn't know were even challengeable. Former prosecutor — it shows."
"
"Herman treats you like a person, not a case number. He returned every call and never let me feel alone through the entire process."

Attorney profile last reviewed August 2026 by The Martinez Law Firm.

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