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

Austin DWI Lawyers

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 DWI lawyer in Austin 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.”

Representing Drivers Facing DWI Charges in Austin, TX

Smith & Vinson Law Firm fights for the rights of drivers across the Austin area who have been arrested for driving while intoxicated. Remember, the police may only need probable cause to arrest you for DWI, but the prosecutor will need to prove your guilt beyond a reasonable doubt in order to secure a conviction. Our Austin DWI lawyers can build a strong defense against even the most seemingly “open-and-shut” case, challenging evidence and the arresting officer’s testimony to protect your interests.

We may be able to weaken the prosecuting attorney’s case by:

  • Questioning the administration and grading of field sobriety tests.
  • Challenging the reliability of a breath test or blood test.
  • Challenging the validity of the initial police stop.
  • Uncovering a violation of your constitutional rights.

Well-Versed in DWI Law

If you have been arrested for DWI, you need a defense team that understands the science of breath and blood testing. You need a defense team that understands the Standardized Field Sobriety Tests. If you don’t have a lawyer familiar with the specifics of DWI law, then you are at a serious disadvantage.

Austin DWI attorneys Jarrod Smith ​​​​​​and Brad Vinson are certified in SFST’s. We have been through extensive training including the same course the arresting officer went through. We write articles on DWI law. We tour the Austin and DPS crime labs to better understand the problems of DWI blood testing.

Contact our Austin DWI attorneys at (512) 359-3743 for the powerful DWI defense counsel you need.

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

  • 5 Stars in making me feel like a top priority!

    “Jarrod Smith of Smith and Vinson Law Firm provided me with the best service I could have possibly asked for. Having no background in law and finding myself in a situation that left me feeling extremely vulnerable, I felt quickly at ease in their care. They were very reasonable with my situation and helped work around my needs in providing me the most support and information on how to best handle my case. I'd recommend this firm to anyone seeking help with a traffic violation of any kind. I feel that if it weren't for them I would have been heavily misguided and probably would not have made it through the system with the best possible outcome for me. 5 Stars for their service, generosity, and in making me feel like a top priority!”

    Andrew

  • Exceptionally versed in the intricacies of Texas criminal law

    “Having never been exposed to the criminal system, hiring an attorney was daunting task. Attorney Brad Vinson was informative, professional yet sympathetic with his approach to my case. Mr. Vinson was open to opinion and ensured that all legal avenues were considered and addressed before presenting a course of action. Ultiamtely, Mr. Vinson was able to negotiate a reasonable settlement dispite many hoops and hurdles presented by the prosecuting county. I would highly recommend Smith and Vinson for representation in a criminal matter.”

    Michael

  • The absolute A-Team for DWI Defense. Period!

    “The absolute A-Team for DWI Defense. Period! When life-changing events occur, look no further. With brilliance and driven motivation, Brad and his team with see your case through with honesty and integrity.. trust me, I have first-hand knowledge. From day one I was treated with dignity and respect. We agreed to take my case to trial. NOT GUILTY!!!! If you’re on the ropes about considering to hire Smith & Vinson Law Firm please don’t hesitate to reach out to me personally! I’m their biggest fan!!!"”

    John

  • 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

  • Second to NONE

    “I would love to add my thanks and heart felt appreciation for the help that your law firm provided me. Before I met you guys my situation looked very bleak and quite honestly your dedication to my case really carried over this past year and the reward was not only one felony dismissal but two. Thank you from the Ramirez family, I will always be great full and you guys have earned a spot in my family. For anyone reading, this firm is second to NON, they know what there talking about and do exactly what they promise to do. Very professional, on time and and educate you along the whole process. I had alot to lose and you guys gave it all back to me and finally represented what true Justice is here in America. God bless you both and God bless your firm”

    Manuel R.

  • 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
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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.