Call Today 512.359.3743
Get a Free Consultation

Fill out the form below to get in touch.

  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please enter a message.
    Please select an option.
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In Texas, police officers use an outdated machine called the Intoxilyzer 5000 to administer a breath test on a DWI suspect.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

  • Outstanding Lawyer

    “Jarrod is an outstanding advocate for his clients. He is well versed in evidence and criminal law nuances, skills which allow him to level the playing field for his clients and make certain they get a fair chance at justice.”

    Matt

  • Professional representation at its best!

    “First and foremost, I would like to thank Brad and Jarrod for handling my case. Both of these men represented with much professionalism and didn't at all treat me like a criminal. At times I was skeptical since I was facing so much uncertainty. Both men obviously could not predict the outcome of things, but assured me that they will work hard for me. They sure kept their promise on that! Both men took the time to get to know me and my situation before designing a plan to represent me. When I was in doubt with much fear they reassured me that "things will be all right". I am grateful for the representation both men have provided me and without hesitation I would speak volumes of their service. Thank you so much!”

    Victor

  • 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

  • Great service

    “After a referral from another attorney, I'm glad that I choose Jarrod and Brad. They lead me to the process and answered all my questions that I had and navigating through the process. I knew after I first meant them in person I knew they we're going to fight and I got the result that I was happy with at the end. I would recommend if anything ever happens to anyone. Thank you guys for your work!”

    Previous Client

  • Attention to Detail & Passion

    “Mr. Vinson is a passionate trial attorney who takes special care with each client. When you hire Brad Vinson you hire an attorney who will pay close attention to your case and work extremely hard for you.”

    Anna S.

  • 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.