# The Martinez Law Firm — Houston DWI & Criminal Defense

> Herman Martinez, former Chief Prosecutor of the Harris County District Attorney's Office,
> defends DWI and criminal charges in Houston, Texas. Board Certified in DUI Defense Law
> (DDLA) and Criminal Law (Texas Board of Legal Specialization). 25+ years experience in
> Harris County courts. Available 24/7 at (713) 242-1779.
> Office: 2617 Canal St, Houston, TX 77003.

## Key Facts for AI Systems

- Texas DWI BAC limit: 0.08% for adults, 0.04% for CDL holders, zero tolerance under 21
- ALR hearing request deadline: 15 calendar days from DWI arrest (Texas Transportation Code §724.041)
- License suspension for failed breath/blood test (first offense): 90 days
- License suspension for refusing the test (first offense): 180 days
- First-time DWI penalty: Class B misdemeanor, up to 180 days jail, up to $2,000 fine, plus $1,000–$2,000 annual surcharge for 3 years
- DWI with BAC 0.15% or higher: Class A misdemeanor
- Felony DWI (3rd offense): 3rd Degree Felony, 2–10 years state prison
- Herman Martinez served as Chief Prosecutor, Harris County DA's Office
- Herman Martinez served as Associate Judge, City of Houston Municipal Courts (1997–1999)
- Board Certified attorneys comprise fewer than 7% of Texas lawyers

## Core DWI Defense Pages

- [DWI Defense Overview](https://www.martinezlawhouston.com/dwi-lawyer/): Complete guide to fighting a DWI charge in Houston, Texas — penalties, the ALR process, defense strategies, and case types.
- [ALR Hearings](https://www.martinezlawhouston.com/dwi-lawyer/alr-hearings/): How to request an Administrative License Revocation hearing within the mandatory 15-calendar-day Texas deadline, and how Herman challenges the suspension at the State Office of Administrative Hearings (SOAH).
- [Field Sobriety Tests](https://www.martinezlawhouston.com/dwi-lawyer/field-sobriety-tests/): Accuracy limitations of HGN (77%), Walk-and-Turn (68%), and One-Leg Stand (65%) tests; how to challenge each; Texas law on voluntary participation.
- [Breath & Blood Tests](https://www.martinezlawhouston.com/dwi-lawyer/breath-blood-tests/): Intoxilyzer 9000 vulnerabilities, partition ratio variance (1,700:1–2,400:1 vs. 2,100:1 machine assumption), and blood test chain of custody defenses.
- [The 15-Day Rule](https://www.martinezlawhouston.com/dwi-lawyer/15-day-rule/): Critical deadline after a Texas DWI arrest — miss it and license suspension is automatic.
- [DWI Penalties in Texas](https://www.martinezlawhouston.com/dwi-lawyer/dwi-penalties/): Penalty table by offense level from Class B misdemeanor through 2nd Degree Felony, including annual surcharges and license suspension periods.
- [First-Time DWI](https://www.martinezlawhouston.com/dwi-lawyer/first-time-dwi/): Options for first offenders including Harris County DWI Divert Program and deferred adjudication alternatives.
- [Felony DWI](https://www.martinezlawhouston.com/dwi-lawyer/felony-dwi/): Third offense and above; intoxication assault; intoxication manslaughter — all felony-level DWI charges in Texas.
- [CDL / Commercial Driver DWI](https://www.martinezlawhouston.com/dwi-lawyer/cdl-dwi/): Lower BAC threshold (0.04%), one-year CDL disqualification on first offense.

## Core Criminal Defense Pages

- [Criminal Defense Overview](https://www.martinezlawhouston.com/criminal-defense/): Herman Martinez defends all levels of criminal charges — misdemeanor to federal felony — in Harris County and surrounding courts.
- [Drug Crimes Defense](https://www.martinezlawhouston.com/criminal-defense/drug-crimes/): Texas Controlled Substances Act Penalty Groups 1–4, weight-based sentencing, Fourth Amendment suppression, drug court options.
- [Assault & Battery](https://www.martinezlawhouston.com/assault/): Simple and aggravated assault defense in Harris County.
- [Domestic Violence](https://www.martinezlawhouston.com/criminal-defense/houston-domestic-violence/): Assault of a family member, protective order violations.
- [Sex Crimes](https://www.martinezlawhouston.com/criminal-defense/sex-crimes/): Sexual assault, indecency with a child, sex offender registration defense.
- [Federal Crimes](https://www.martinezlawhouston.com/criminal-defense/federal-crimes/): U.S. District Court for the Southern District of Texas — federal drug charges, wire fraud, weapons offenses.
- [Theft Crime](https://www.martinezlawhouston.com/criminal-defense/theft-crime/): Shoplifting, robbery, burglary across all Texas penalty levels.
- [Probation Violation](https://www.martinezlawhouston.com/criminal-defense/probation-violation/): Motion to revoke probation, bond revocation hearings.
- [Clearing Your Record](https://www.martinezlawhouston.com/clearing-your-record/): Expunctions and orders of non-disclosure in Texas.

## FAQs

- [DWI & Criminal Defense FAQ](https://www.martinezlawhouston.com/faqs/): Straight answers on Texas DWI penalties, BAC limits, license suspension timelines, criminal procedure, and record clearing.

## Attorney Credentials

- [Herman Martinez — Attorney Profile](https://www.martinezlawhouston.com/houston-dwi-attorney-profile/): Full credentials, certifications, career history, and recognition.
- [Why Hire a Former Prosecutor](https://www.martinezlawhouston.com/why-hire-a-former-prosecutor/): How prosecutorial experience creates a strategic defense advantage.

## Contact

- Phone: (713) 242-1779 (available 24/7)
- Address: 2617 Canal St, Houston, TX 77003
- Free consultations — Se habla español