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Charged with DWI?
Protect Your License
Before Time Runs Out.

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

  • Well versed in Texas criminal law and procedure

    “Jarrod assisted me in a non disclosure issue I needed handled in the Texas criminal courts. It is very clear that Jarrod is passionate about the law and justice. He is well versed in Texas criminal law and procedure. I would gladly refer anyone to him. He will give your issue the attention it deserves.”

    PJ

  • 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.

  • 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

  • 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

  • Texas Bar College
  • Texas Criminal Defense Lawyers Association
  • 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.