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Charged with DWI?
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DWI FAQs

Get Answers from Our Skilled Austin DWI Attorneys

After a DWI arrest, you probably have a number of questions. Getting the right answers can empower you to make the right choices about your case. Our Austin DWI attorneys can answer your specific questions during a free consultation, but we have also included several frequently asked questions for your convenience. We welcome you to review these and to call our offices at (512) 359-3743 any time to talk to an attorney about your concerns.

What is probable cause, and what does it have to do with a DWI arrest?

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.

How can field sobriety tests be challenged?

Field sobriety tests need to be administered and graded correctly by a trained officer. Our Austin DWI lawyers may be able to challenge a field sobriety test by showing that it was improperly administered, such as a “failed” walk-and-turn test performed by a driver who was wearing high-heeled shoes that impaired her ability to perform the test. We may also be able to prove that the officer was not properly trained on administering tests or that he/she incorrectly evaluated a driver’s performance of the tests.

What if I failed a breath test – won’t I be convicted?

Even if you took a breath test and it showed a result of .08% or greater (above the legal limit to operate a vehicle), this does not necessarily mean: A) the test was right, or B) the test result is admissible in court. We can challenge breath and blood test results in various ways, depending on the circumstances. Carefully evaluating your test can help us determine the best way to challenge its results.

When should I call an attorney?

We recommend calling an attorney as soon as possible after a DWI arrest. Exercise your right to remain silent and your right to an attorney. Involving an Austin DWI lawyer will be your only defense against a conviction and serious penalties, and we can advise you of your rights and options right from the beginning.

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.

Ready to learn more? Get more answers to your questions by calling (512) 359-3743.

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  • Professional and effective attorney

    “Brad was extremely professional throughout the entire process. He was direct and prompt in responding to my inquiries and I felt at ease knowing he was taking care of my case. I will definitely use Brad and his firm in the future and highly recommend them if you need an excellent defense attorney! Thanks Brad!”

    Andi

  • 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

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    “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

  • 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.

  • Dedicates due diligence and passion to every element of each issue.

    “Brad is such a joy to work with. I have consulted with Brad on many criminal issues in the past. He dedicates due diligence and passion to every element of each issue. He likes to see that defendants are treated fairly and does everything in his power to arrive at the best possible resolution. Anyone that has Brad on their side can take comfort in knowing that all avenues to good solution will be exhausted.”

    PJ

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