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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.

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
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
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
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
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

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