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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In Texas, police officers use an outdated machine called the Intoxilyzer 5000 to administer a breath test on a DWI suspect.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

  • 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

  • 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

  • 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

  • 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

  • He's a real lawyer!

    “A civil issue arose in Austin with a family member. We sought the advice of a well named Austin attorney. This unnamed attorney provided egregious legal advice. In court, a lifetime civil injunction was ruled by the judge on this non-criminal civil issue. Once learning of this judgement we immediately started looking for another attorney and found Brad Vinson, with Smith and Vinson. Simply put, Brad had this entire debacle reversed and a new judgement set for what is customarily ruled in similar cases. It didn't take long either. I only wish we had called Brad first. He's a real lawyer!”

    David

  • 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.