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Charged with DWI?
Protect Your License
Before Time Runs Out.

Breath Tests & Blood Tests Attorneys

Helping People In Austin & Surrounding Areas

When you are stopped for a DWI, the arresting officer will usually administer a breath or blood test to determine your intoxication level. The results of these tests will be used to build the prosecution’s case against you. If you were arrested for a DWI and submitted to a breath or blood test, you should immediately speak with our attorneys to discuss your legal options.

Breath Tests

In Texas, police officers use an outdated machine called the Intoxilyzer 5000 to administer a breath test on a DWI suspect. Although most other states have upgraded to using more accurate equipment, Texas remains behind the curve and continues to use this problematic machine.

In order to get a DWI conviction the State must prove beyond a reasonable doubt that you were intoxicated at the time you were driving. If your breath test results are .08 or above, you’ll need an attorney to show the jury how unreliable the machine actually is.

Don’t think that all hope is gone because you blew above .08. The breath test is just one piece of evidence and the burden to prove that you were intoxicated can be difficult to meet. Our lawyers will review your case to determine if there was reasonable suspicion or probable cause for your traffic stop. We will also challenge the breath test procedures used by the arresting officer.

Blood Tests

Although you have the constitutional right to refuse a blood test, doing so can result in your license being suspended. Your refusal can also be used as evidence against you in court. If you are arrested during one of Texas’ “no refusal weekends,” you can still refuse a blood test. Furthermore, police will need a warrant from a judge to draw your blood after you refuse.

The following factors can affect the validity of a blood test:

  • Did the police have a lawful warrant?
  • Was your blood drawn in a sanitary environment?
  • Was there a proper chain of custody regarding the blood?

A DWI conviction can be devastating to your personal and professional life. If you have been arrested for DWI, do not wait to contact an attorney.

Speak with Our Lawyers Today

When it comes to DWI arrests, you need an attorney who understands the process and who can educate the jury on the problems with the State’s evidence. At Smith & Vinson Law Firm, we take your DWI charges seriously and we will fight to protect your constitutional rights. Our team of lawyers have years of experience helping people secure the justice that they deserve. Let us fight for you today.

Contact our Austin team of DWI breath and blood tests attorneys to set up a free consultation.

Our Clients Are Our Biggest Endorsers
Hear What They Have to Say

  • Honest and Responsible

    “Mr. Smith provided me advice in DWI case. He listened to me and I felt that he cared about my case. At the end, I know he gave me the right advise.”

    Iván

  • Highly Recommend

    “Jarrod has all the qualities you need in a good lawyer: he's smart, diligent, thorough and fair. He will keep you informed about your case. I wouldn't hesitate to hire him if I got in trouble and needed a lawyer.”

    Kenneth

  • Fantastic Attorney = Fantastic Results

    “I hired Brad Vinson to handle a legal matter and I could not have made a better decision! Brad was attentive, listened to the facts of the case, and strategized a plan that would lead to the best result possible. Brad was communicative, available, and ultimately delivered on what he stated he would do. During this process, there were no unexpected hiccups because Brad understands the law, and understands how to defend his clients. There is no doubt that I would recommend Brad and the whole team at Smith & Vinson to represent any individual that needs legal representation. The whole team is fantastic, and delivers fantastic results.”

    Justin

  • Professional and effective attorney

    “Brad was extremely professional throughout the entire process. He was direct and prompt in responding to my inquiries and I felt at ease knowing he was taking care of my case. I will definitely use Brad and his firm in the future and highly recommend them if you need an excellent defense attorney! Thanks Brad!”

    Andi

  • Dedicates due diligence and passion to every element of each issue.

    “Brad is such a joy to work with. I have consulted with Brad on many criminal issues in the past. He dedicates due diligence and passion to every element of each issue. He likes to see that defendants are treated fairly and does everything in his power to arrive at the best possible resolution. Anyone that has Brad on their side can take comfort in knowing that all avenues to good solution will be exhausted.”

    PJ

  • Top Attorney Avvo Rating 10.0
  • Texas Criminal Defense Lawyers Association
  • Avvo 10.0 Rating
  • Texas Bar College
  • DUI Defense Lawyers Association
  • National College for DUI Defense
  • Avvo 5 Star Reviews
  • Avvo Clients' Choice Award

Why Hire Us?

  • We are accessible to you. Our attorneys can be reached 24/7.
  • Bold and fearless defense are what we are known for.
  • Turn to us for straightforward legal advice when you need it.
  • We offer free consultations to every single client served.