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Houston DWI Attorney

DWI Lawyer in Houston, Texas

Driving while intoxicated, or DWI, can be a very serious charge in Texas. Houston, Harris County law enforcement agencies are very strict on suspected drunk drivers because they want to eliminate the possible danger of an intoxicated driver on the road. If you are pulled over by a police officer or other law enforcement officer and you are found by breath or blood test to have a blood alcohol concentration (BAC) of .08% or over, you will be charged with DWI. However, you need to also be aware of the fact that if any officer suspects that you are intoxicated while driving, you can be pulled over and arrested for DWI if you have any amount of blood alcohol concentration at all. Additionally, a police officer may arrest you even if you do not provide a breath or blood test if they think you are intoxicated. In Texas a person is intoxicated if they have lost the normal use of either their mental or physical faculties. Typically, a police officer conducts field sobriety tests before determining if a person is intoxicated. 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. The DWI lawyers at the Martinez Law Firm are certified to do these tests just like police officers.

Facing a DWI charge can be very upsetting. With the help of a Houston DWI attorney at our law firm, you can start working toward a solid defense. Because we are an intimate law firm, we can give you and your case the attention that you need. Without the assistance of a lawyer, you reduce your chances of a positive outcome in your case.

Herman Martinez is one of the few lawyers in Houston, Texas who is certified by the National Highway Traffic Safety Administration (NHTSA) to administer the field sobriety tests like the police officer that makes the DWI arrest. NHTSA sponsored the battery of tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for a drunk driving arrest. If the these tests are not done properly they may not used in your DWI trial. By hiring an DWI attorney that is certified to administer these tests and a former Chief Prosecutor you are truly getting invaluable legal experience in this area of the law.

Charged with DWI in Texas?

If you are a first-time offender, you could face the following penalties if convicted of DWI:

  • 72 hours to 180 days in jail
  • Up to $2,000 in fines
  • Suspended driver’s license for 90 days to 1 year
  • Minimum 24 hours community service
  • Class B misdemeanor on your record
  • As of September 1, 2011, if you provide a blood/breath sample over a .15, it is a Class A misdemeanor on your record
  • DWI education class
  • Probation
  • Surcharges from $1,000 to $1,500 a year for 3 years

This doesn’t include the economic and social impact on your life if you have to spend time in jail away from your job, home and family. The penalties could be much more severe if you have already been convicted of DWI within a specific time period and are facing multiple DWI.

If you have been charged with DWI in Houston, no matter if it was for a felony DWI (3rd OffenderI, or an underage DWI, you need a dynamic Houston criminal defense attorney who has experience successfully defending individuals in similar situations. Our legal team has invaluable DWI experience, such as previous experience as the Chief Prosecutor with the Harris County District Attorney’s Office. With this type of practical knowledge of DWI charges and sentencing, including knowledge about the DIVERT program, you can expect a serious and informed defense.

Please note that 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 DWI conviction, and clearing their record after successfully the completing the program. The lawyers at The Martinez Law Firm have the knowledge to properly help you completely understand the pros and cons with the DIVERT program.

If you been arrested in Houston, Harris County, Texas for DWI it is very likely that a Breath Alcohol Testing Van "BAT Van" was used. Recently, these BAT vans have been called into question by courts. It is extremely important to hire someone that is familar with the issues presented with these type of cases.

If you are looking for a DWI defense lawyer in the Houston area, contact the Martinez Law Firm today. We also serve clients throughout Harris County, Fort Bend County, and Galveston County, Texas.

Click here to visit our website entirely dedicated to Houston DWI defense.


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Address: 2800 Post Oak Boulevard, Suite 6030, Houston, Texas 77056