Call Today 512.359.3743
Get a Free Consultation

Fill out the form below to get in touch.

  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please enter a message.
    Please select an option.
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

  • 110% glad I chose Jarrod to represent and fight for me.

    “Pay them, be honest with them and communicate with them and they will fix your mistake. Plain and simple. Charged 1st DWI offense. Called in. Told them scenario. Worked with payment methods (very important) .I had numerous lawyers to choose from. 110% glad I chose Jarrod to represent and fight for me. Throughout whole process I had the utmost confidence in Mr. Smith and his work. the goal when we first met was to "get the DWI dismissed" and that is exactly what happened. mission accomplished. if you need a DWI removed call jarrod”

    Ronald D.

  • 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

  • Second to NONE

    “I would love to add my thanks and heart felt appreciation for the help that your law firm provided me. Before I met you guys my situation looked very bleak and quite honestly your dedication to my case really carried over this past year and the reward was not only one felony dismissal but two. Thank you from the Ramirez family, I will always be great full and you guys have earned a spot in my family. For anyone reading, this firm is second to NON, they know what there talking about and do exactly what they promise to do. Very professional, on time and and educate you along the whole process. I had alot to lose and you guys gave it all back to me and finally represented what true Justice is here in America. God bless you both and God bless your firm”

    Manuel R.

  • 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

  • Outstanding Lawyer

    “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

  • 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.