Madrid, Martinez & Associates

Houston DWI Attorney

Herman Martinez

Recognition:

Associations:

• Harris County Criminal Lawyers Association
  
• National College for DUI Defense
  
• Fifth Circuit Bar Association
  
• Harris County Bar Association
  
• Harris County Criminal Lawyers Association
  
• Hispanic Bar Association of Houston
  
• Mexican-American Bar Association of Houston

Commentary:

• Mr. Martinez currently provides legal commentary for a local radio station and has appeared on local television stations.

Education:

• South Texas College of Law – Juris Doctor 1996
• Florida State University – Bachelor of Arts

Legal Experience:

• Partner at Madrid Martinez & Associates – 1999-present
• Court Chief Prosecutor at Harris County District's Office – 1997-1999
• Briefing Attorney at 334th District Court (Harris County) – 1996-1997
• Legal Intern at United States Court of Appeals for the Fifth Circuit in 1995

Testimonials:

“I wanted to take a moment to express my appreciation regarding your handling of my DWI case. I didn't know you from Adam and called you only because a friend recommended you. I cannot fathom what you did above and beyond the call of duty to facilitate this conclusion of my case. Thanks again for all you did.”

“I really wanted to thank you again from the bottom of my heart for your savvy advice and wanted to let you know that I have taken the whole thing to heart. Your kindness and attitude will be remembered.”

“Thank you so much, Herman, for your help in getting the bail amount down - that exceeded my expectations. I'm very happy to have you and Mario representing me, even more so after seeing and hearing some of these other (seemingly less professional) lawyers around the courts.”

October, 2008

Please Call: 800-732-5105

Madrid, Martinez & Associates is a Houston law firm of experienced criminal trial attorneys specializing in defending individuals from charges involving driving while intoxicated (DWI). Our single most important goal is to ensure that our clients receive justice and due process in every case that we handle.

We are dedicated to providing experienced and knowledgeable defense that is tailor-made to each client's unique DWI case. If you have been charged with any type of drunk driving offense in Houston, you need to make sure that you speak with a competent attorney who can help you build a solid defense. We will work with you to fight your charges in an efficient and effective manner that is targeted to achieving success in your case.

We handle all types of DWI cases, including the following

• DWI
• Multiple DWI
• Felony DWI
• ALR Hearings
• Underage DWI
• Occupational Driver’s License
• Field Sobriety Tests
• Breath & Blood Tests
• Driver’s License Surcharges
• CDL DWI
• Driving Under the Influence of Drugs

No matter what your criminal charges in Houston are, we will work tirelessly to help you with your case. We have access to resources that can benefit your case, such as expert witnesses and other defense support systems that can help solidify your DWI defense.

We can help you if you have been charged with a crime. We defend clients in all Texas State Courts. We understand that you might be confused and afraid after you find that you will be charged with a serious DWI offense. Our Houston DWI defense attorneys are intimately familiar with the criminal justice system, the Judges and prosecutors. We have an excellent working relationship with the courst and we will fight vigorously on your behalf.

At our firm, we have years of Prosecution and Defense Trial Experience. This uniquely qualifies us to determine whether proper police procedures were followed or if your Constitutional rights were violated in your DWI case. We understand from prior experience the importance of immediate investigative work, researching specific case law pertaining to your case, contacting the district attorney prosecuting your case and communication with the agency that filed the case. These critical aspects of the case handled with extreme care and attention to detail allow us a greater opportunity for a positive outcome with your case. An experienced law firm can and does make a difference. A criminal charge is a very serious matter and as a result a very stressful time. Therefore we guide our clients through each stage of the Criminal Justice process. Our attorneys bring professionalism and a vast array of knowledge and experience to every matter. It is paramount to our approach in every case that “an arrest does not mean you are guilty.” We ensure that all of your rights are protected, that you receive justice and due process. Above all, we fight for YOUR rights!

Please Call: 800-732-5105

Houston DWI Attorney

Please Call: 800-732-5105

Driving Under the Influence of Drugs

Please Call: 800-732-5105

Houston Underage DWI Attorney

Please Call: 800-732-5105

Felony DWI Lawyer in Houston

Depending upon the circumstances of your drunk driving arrest, you could be facing felony charges. Some DWI circumstances are considered more criminally offensive than others, and the penalties are enhanced accordingly. Instead of spending days in a jail, you could be facing years in a state prison. The consequences could ruin your life as you know it. If you are charged with a felony offense related to DWI, it is in your best interests to contact an attorney immediately who is skilled in DWI defense and criminal law in Texas.

The Houston felony DWI lawyers at Madrid, Martinez & Associates have been successfully defending clients from all types of DWI charges since 1999. If you are looking for experienced, aggressive and skilled lawyers who will be able to build you an effective defense that is targeted at getting you the best possible outcome, you need to speak with one of our attorneys immediately. The sooner we meet with you, the sooner we can begin researching your case to provide you with an exceptional defense.

Felony DWI Charges in Texas

If you receive your third (or more) DWI in a specified number of years, you could be facing a felony charge. This is usually charged as a 3^rd degree felony which has a maximum incarceration period of 10 years in a state prison. You could also be fined up to $10,000. Another example of a felony DWI case would be if an injury or death occurs as a direct result of driver intoxication. For an injury DWI you could face a 3^rd degree felony charge. For a DWI death case, you could face a 2^nd degree felony charge.

Additionally, if you are driving while intoxicated with a child passenger (under the age of 15), you could be charged with a felony and you could spend up to 2 years in jail and be subject to up to $10,000 in fines.

These charges and consequences are very serious. With the help of a skilled DWI lawyer, you can greatly benefit your case and give yourself the best chance at a positive outcome in your case.

Please Call: 800-732-5105

Please Call: 800-732-5105

Driver’s License Surcharges for DWI

When a driver is convicted with DWI, he or she faces three years of driver’s license surcharges related to the drunk driving conviction. Many people are not aware that the state subjects individuals to these steep fines. If you have been charged with DWI, you need to know that you face jail time, probation and other punishments – and you also face three years of financial punishment for this crime. The surcharges added to your Texas driver’s license are of the following schedule:

• DWI – $1,000 annual fee
• Second DWI – $1,500 annual fee (in addition to the surcharge for the previous conviction if you are still paying)
• Any subsequent DWI – $2,000 annual fee (in addition to any surcharges for previous convictions that you are still paying)
• Any DWI in which your BAC was .16% or more - $2,000 annual fee

If you have been charged with drunk driving in Texas, it would benefit your case to speak with an experienced lawyer. With competent representation, you can fight your charges and maximize your chances of having your case dismissed.

Many people make the mistake of ignoring their DWI charge and thinking that it’s “no big deal.” If you are forced to spend time in jail, pay fines and lose your license – that is a pretty big deal that could change your life drastically. At Madrid, Martinez & Associates, our attorneys have devoted their practice to DWI defense in Texas. We can help you no matter what your case entails. We know how difficult it can be to face criminal charges. We are here to assist you.

Houston DWI Defense Attorney

When you are looking for a DWI lawyer, you will want to know that your attorney has experience and is very familiar with DWI law in Texas. Our lawyers have been successfully handling DWI cases since 1999. Don’t risk having to pay thousands of dollars in fines. We can help you!

Please Call: 800-732-5105

Please Call: 800-732-5105

Houston Underage DWI Attorney

DWI Charges for a Minor in Houston

Texas has an extremely strict zero-tolerance policy when it comes to drunk driving under the age of 21. The charge you will face is slightly different – driving under the influence , or DUI, is the charge applied to individuals who have been caught driving with any detectable blood alcohol concentration (BAC). It doesn’t matter if your BAC was .01% – if you are under the age of 21 and you had measurable alcohol in your body as stated by a breath or blood test, you will most likely face DUI charges.

If you or your child is facing a DUI charge in Texas, it is in your best interests to contact a Houston Underage DWI lawyer as soon as possible. While you or your child will not face jail time, there are other harsh penalties that a DUI conviction will result in, such as fines and license suspension. Also, this record of DUI conviction will remain with you and if you are charged with subsequent DWIs, your punishment will be enhanced.

Houston Underage DWI Lawyer

If your child has been charged with driving under the influence , you need to do everything you can to protect your child’s future and his or her record. A misdemeanor DUI conviction combined with a suspended license can hinder your child’s ability to move on with his or her life. Not to mention the fact that your child’s insurance rates could skyrocket, resulting in even more financial punishment for the crime.

If you need help with a DUI charge in Texas, please speak with one of our experience DUI/DWI attorneys at Madrid, Martinez & Associates. Since 1999, our lawyers have been successfully defending individuals from all types of DUI and DWI charges. We understand that young people make mistakes – but they should be given every opportunity for a positive outcome in their case. We will do everything we can to protect your child’s future.

Please Call: 800-732-5105

Please Call: 800-732-5105

Frequently Asked Questions

Why do I need an attorney if I have been charged with DWI in Texas?

If you are convicted, you could face very serious punishments that could severely affect your life. Jail time, fines, probation, license suspension, community service and other penalties are handed out frequently in response to Houston DWI charges. Even if you believe you are innocent, you can still face conviction. That is why it is so important to speak with a DWI lawyer as soon as possible after you have been arrested and/or charged with drunk driving . At Madrid, Martinez & Associates, we can defend you.

What is BAC?

Blood alcohol concentration, or BAC, is the level of alcohol concentration present in your blood as represented by a breath, blood or urine test. These tests can determine whether you will be charged with DWI in Texas.

What is the “legal limit” in Texas?

You can be arrested for DWI if your BAC is more than .08%. However, you can also be charged and arrested if your driving is impaired and your BAC is less than .08%.

What is an ALR hearing?

ALR stands for Administrative License Revocation. An ALR hearing will determine whether your license is suspended after you have been arrested/charged with DWI. The arresting officer will issue you a Notice of Suspension and he or she will take your driver’s license. You must then schedule a hearing within 15 days of receiving the Notice of Suspension otherwise your license will be automatically suspended for a period of time. With the help of an experience Houston DWI lawyer, you could have your license returned to you at the ALR hearing.

What surcharges can I expect if I have been convicted of DWI?

The state of Texas applies expensive yearly surcharges on the licenses of individuals who have been convicted of DWI. Depending upon your circumstances, you could face anywhere from $1,000 to $2,000 in surcharges for just the DWI conviction(s). You will have to pay these surcharges for three years after the date of conviction.

Is the breath test always accurate?

No. In fact, there have been many cases that were successfully defended from DWI charges because the Intoxilyzer test was proved to have been administered inaccurately. Depending upon the circumstances of your case, this could be a defense. However, it is important to speak with an attorney no matter what you blew on the breath test machine. You can still be charged with DWI even if the test was administered inaccurately or if you blew less than. 08%.

Can I refuse to take a breath or blood test?

Yes. However, if you do, you will receive an increased license suspension (180 days) than if you had taken the test and it showed that you were driving with a BAC over the legal limit (90 days). If you have a prior record of refusing to take a breath or blood test, the suspension could be increased.

Please Call: 800-732-5105

Please Call: 800-732-5105

Multiple DWI Charges in Houston

When you have prior DWI convictions on your record, you could face enhanced penalties that are much more severe than if you had no prior record. A second, third or fourth DWI could result in very serious punishments that would change your life forever. If you are forced to spend years in jail, you will almost certainly lose your job and it will be impossible to continue your life as you are accustomed to living. If you were unable to pay your mortgage or rent because you lost your job and you are in jail, what will happen to your family? These are serious questions that you must examine if you are faced with a second, third or fourth DWI in Texas.

At Madrid, Martinez & Associates, our lawyers are competent, experienced and skilled in all areas of Texas DWI law. We understand that there is so much at stake when you are facing a serious drunk driving charge. That is why we will do everything we can to build a solid defense on your behalf. Your DWI defense lawyer should be very familiar with DWI process in order to get you the best possible outcome. Our Houston DWI lawyers have years of experience successfully handling cases in which the defendant has multiple DWIs on his or her record.

Multiple DWI Penalties in Houston, Texas

Second DWI:

• Up to 1 year in jail
• Up to $4,000 in fines
• License suspension for up to 2 years
• Community service
• Probation

Third DWI:

• Up to 10 years in a state prison
• Up to $10,000 in fines
• License suspension for up to 2 years
• Community service
• Probation
• Felony on your record

As you can see, the penalties get much harsher if you have a prior record. It is imperative to speak with a DWI attorney if you want to get the best possible chance of a successful case. Don’t leave your rights to chance. Speak with an attorney as soon you can.

Please Call: 800-732-5105

Houston TX DWI Lawyer