Austin DWI Attorney
Representation for Drunk Driving Charges in Texas
Have you been accused of drunk driving? If so, you do not have to face these charges alone! Our Austin DWI attorneys at Smith & Vinson Law Firm are here to protect your rights, your freedom, and your driver’s license. Representing clients across Austin, we have a unique understanding of both sides of DWI proceedings, as one of our partners is a former prosecutor. We use this knowledge to benefit our clients as we fight to protect their interests.
DWI defense counsel is the primary focus of our practice. A conviction for driving while intoxicated can have many consequences, some of which are not immediately apparent. If you want the best opportunity at avoiding a DWI conviction and these serious penalties, you need to put a strong attorney on your side.
Contact our Austin DWI lawyers from Smith & Vinson Law Firm today for a FREE consultation!
Probable Cause & DWI Arrest in Texas
Probable cause may be defined as a situation where a law enforcement officer has reasonable grounds to make an arrest or conduct a search. This must be established for a police officer to lawfully pull over a driver and make an arrest for DWI. Probable cause for an initial police stop, for example, may be a driver who has violated a traffic law by running a red light, swerving in and out of his/her lane, etc. Challenging probable cause is one way to defend a driver against a DWI arrest or charge.
Will My License Be Suspended?
A DWI arrest will initiate license suspension proceedings by the Texas Department of Public Safety (DPS), but you have 15 days to request a hearing to challenge the suspension of your license. This hearing is separate from your criminal DWI case, and we recommend involving an attorney to handle your hearing as well as your criminal charges. License suspension is a possibility, but we can help you avoid this.
Requesting Administrative Hearing in TX
Please note that you have only 15 days from the date of your arrest to request an administrative hearing regarding your driver’s license. Your license will be automatically suspended if you do not request this hearing!
DWI Conviction Lasts Forever
A conviction for DWI can have life-long consequences. Texas has some of the toughest DWI laws in the nation. For example, you will never be able to seal your record. A DWI conviction will make it much more difficult to get into college, the military or find a decent paying job. Further, a conviction for DWI could, and likely will, include many fines, fees, probation conditions, jail time, increased insurance costs and driver’s license suspensions.
DWI Punishments in Texas
In Texas, a first offense DWI is usually a class B misdemeanor. This is punishable with a fine up to $2000 and/or up to 180 days in the county jail. There is no deferred adjudication in Texas for DWI. Also, if you accept any form of probation, this is a criminal conviction.
A second offense DWI is usually a class A misdemeanor. This is punishable with a fine up to $4000 and/or up to a year in the county jail.
A third offense DWI can be charged as a third-degree felony. This would be punishable by up to a $10,000 fine and/or 2 to 10 years in prison.
Exercise Your Constitutional Rights
It is important for you to know your rights. Unfortunately, many people are not fully informed on what their rights are when pulled over for DWI. You can and should:
- Refuse ALL tests.
- Refuse the standardized field sobriety tests (SFST’s).
- Refuse the breath test.
- Refuse to give blood.
- Force the police to get a warrant and draw your blood.
- Be polite to the officer but refuse to answer their questions.
When refusing the officer’s questions, we advise our clients to say, “Officer, I have done nothing wrong and I would like to refuse all tests.”
Contact our Austin DWI attorneys at (512) 359-3743 for the powerful DWI defense counsel you need.