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Texas DWI

Texas DWI Law: Know Your Rights

Texas has some of the toughest DWI laws in the nation. If you have been arrested or charged with DWI, you know how critical it is to hire a knowledgeable DWI defense attorney who will aggressively fight your case.

A DWI CONVICTION LASTS FOREVER

A conviction for DWI can have life-long consequences. For example, you will never be able to seal your record. A DWI conviction will make it much more difficult to get into college, the military or find a decent paying job. Further, a conviction for DWI could, and likely will, include many fines, fees, probation conditions, possible jail time, and driver’s license suspensions.

DWI PUNISHMENT RANGES

In Texas, a first offense DWI is usually a class B misdemeanor. This is punishable with a fine up to $2000 and/or up to 180 days in the county jail. There is no deferred adjudication in Texas for DWI. Also, if you accept any form of probation, this is a criminal conviction.

A second offense DWI is usually a class A misdemeanor. This is punishable with a fine up to $4000 and/or up to a year in the county jail.

A third offense DWI can be charged as a third-degree felony. This would be punishable by up to a $10,000 fine and/or 2 to 10 years in prison.

EXERCISE YOUR CONSTITUTIONAL RIGHTS

It is important for you to know your rights. Unfortunately, many people are not fully informed on what their rights are when pulled over for DWI. You can and should:

  • Refuse ALL tests.
  • Refuse the standardized field sobriety tests (SFST’s).
  • Refuse the breath test.
  • Refuse to give blood.
  • Force the police to get a warrant and draw your blood.
  • Be polite to the officer but refuse to answer their questions.

When refusing the officer’s questions, we advise our clients to say, “Officer, I have done nothing wrong and I would like to refuse all tests.”

DON’T HELP BUILD THE OFFICER’S CASE

You have rights that are protected by the U.S. Constitution. If an officer smells alcohol, you are going to jail. Period. Don’t build their case for them by saying yes to their questions and demands.

YOU NEED A LAWYER WHO UNDERSTANDS THE SCIENCE

If you have been arrested for DWI, you need a defense team that understands the science of breath and blood testing. You need a defense team that understands the Standardized Field Sobriety Tests. If you don’t have a lawyer familiar with the specifics of DWI law, then you are at a serious disadvantage.

SMITH & VINSON LAW FIRM IS WELL-VERSED IN DWI LAW

Austin DWI attorney’s Jarrod Smith and Brad Vinson are certified in SFST’s. We have been through extensive training including the same course the arresting officer went through. We write articles on DWI law. We tour the Austin and DPS crime labs to better understand the problems of DWI blood testing.

WE ARE HERE TO HELP

If you or a loved one has been charged with DWI in Austin, Round Rock, Georgetown, San Marcos, or anywhere in central Texas, give our firm a call at 512-549-6339. We will walk you through the options and get to work immediately on your case. We pride ourselves in helping those charged with DWI.

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