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In Texas, police officers use an outdated machine called the Intoxilyzer 5000 to administer a breath test on a DWI suspect.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

  • Fought super hard for my case

    “Jarrod is very professional and fought super hard for my case. I couldn't have asked for a better attorney to represent me. I highly recommend!”

    Previous Client

  • Committed & Compassionate

    “Jarrod Smith will commit himself fully to the defense of your case. He is a very compassionate and strong attorney. This coupled with his confidence in the courtroom let you know that you are being represented well by an attorney who cares about your case.”

    Previous Client

  • 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

  • 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

  • Knows how to help you

    “Jarrod has worked on both sides of the judicial divide, both prosecutor and defender, and is well-positioned to evaluate a client’s chances and recommend what to do about them. I first met when he was Jarrod dedicated and diligent member of South Texas Law Review. He was dedicated because he volunteered as an assistant editor-in-chief. He was diligent because he pitched in during semester breaks. I know Jarrod has the temperament of a great advocate.”

    Benjamin

  • 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.