First DWI Attorneys in Austin
First Offense DWI? Call Our Former Prosecutors: (512) 359-3743
A first DWI offense in Texas is often a jarring wake-up call—one that can carry serious penalties and long-lasting repercussions if handled improperly. At Smith & Vinson, we recognize how overwhelming this experience can be. With 67 combined years of experience and a commitment to advocating for our clients’ best interests, our Austin DWI defense firm is dedicated to ensuring that your first-time DWI doesn’t define the rest of your life.
“Throughout the 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.” - Ronald D.
Facing a first DWI in Austin? Call (512) 359-3743. Serving Travis County and all of Central Texas.
The Seriousness of a First DWI Charge
Even if you have a clean record, an arrest for driving while intoxicated can thrust you into an unfamiliar and intimidating legal process. Texas, like many states, treats DWIs with increasing severity as the number of offenses rises. But that doesn’t mean your first DWI is a minor issue. Prosecutors often seek significant penalties to deter future offenses, while courts aim to send a strong message about drinking and driving. In other words, even a first-time DWI can carry penalties that feel disproportionate to a single lapse in judgment.
Moreover, a DWI conviction can tarnish your reputation. It can hinder job prospects, limit educational opportunities, and create tension within your personal life. The good news is that with the help of an experienced first DWI attorney in Austin, you have options. A strong defense can make the difference between suffering through the maximum penalties and securing a more favorable resolution.
Potential Penalties for a First-Time DWI in Texas
Texas law classifies most first DWI charges as a Class B misdemeanor, although certain aggravating factors—like a high blood alcohol concentration (BAC) over 0.15—may elevate the offense.
The range of consequences may include:
- You could face fines up to $2,000 (or more if aggravating factors apply).
- Jail sentences can range from 72 hours up to 180 days behind bars.
- Your license may be suspended for up to one year, separate from any administrative license revocation triggered by a failed or refused BAC test.
Additional conditions can include community service, mandatory alcohol education classes, probation, and the installation of an ignition interlock device in your vehicle. These penalties vary based on the circumstances of your case and the effectiveness of your first DWI defense in Austin.
Crafting a Strong Defense Strategy
Being charged with DWI does not guarantee that you will be convicted. While each case is unique, there are several defense strategies an experienced first offense DWI lawyer in Austin might employ.
Defense strategies for a first DWI may include:
- Challenging the Stop: Police officers must have a valid reason—often referred to as “reasonable suspicion”—to pull you over in the first place. Without this, any evidence gathered after the stop could be thrown out.
- Scrutinizing BAC Tests: Breathalyzers and blood tests are prone to error. Faulty machinery, improper calibration, or mishandled samples may cast doubt on the prosecution’s evidence.
- Examining Field Sobriety Tests: These tests rely on subjective assessments. If the officer conducting them did not follow proper protocols or if external factors (such as a medical condition or uneven road) influenced the results, the reliability of these tests could be questioned.
- Negotiating Reduced Charges: In some cases, a plea deal or agreement to lesser charges (such as reckless driving) may help you avoid the more severe repercussions of a DWI conviction.
Why It’s Crucial to Involve an Attorney After a First DWI Arrest
The complexities of a first DWI charge demand specific knowledge of Texas law, especially since the stakes include both criminal and administrative penalties. Having a first DWI defense lawyer by your side ensures you have an advocate who understands local court systems in Travis County, Williamson County, and Hays County. This level of insight can prove invaluable in handling negotiations, filing paperwork correctly, and building a defense tailored to your situation.
Your attorney can also help you avoid common pitfalls—like inadvertently admitting guilt or missing crucial deadlines. By intervening early, a qualified legal professional can protect your driving privileges through an Administrative License Revocation (ALR) hearing, potentially preventing a suspension.
What To Do If You’re Arrested for a First DWI in Austin
When a traffic stop turns into an arrest, it’s essential to stay calm and focused.
Here are key steps you can take to protect yourself:
- Remain Respectful: Arguing with law enforcement typically escalates matters and can lead to additional charges.
- Comply but Don’t Incriminate: Provide basic information (license, insurance, registration), but politely decline to answer further questions without legal counsel present.
If you’re taken into custody, you’ll receive a notice of license suspension and court date information. Act quickly to contact an attorney and request a hearing to challenge your license suspension. Missing the deadline for this hearing often means automatically losing your driving privileges.
Start Your First DWI Defense with Smith & Vinson
Our firm takes a never-give-up approach to defending first-time DWI clients. We understand that any criminal charge can be overwhelming, and we’re committed to offering personalized, attentive service. With 30,000+ cases handled and 400+ trials under our belt, we’ve seen firsthand the difference that aggressive, strategic representation can make.
Smith & Vinson also recognizes that DWI laws don’t stop at Austin’s city limits. Whether you’re in Round Rock, Georgetown, San Marcos, Cedar Park, or anywhere else in Central Texas, our team is prepared to fight tirelessly on your behalf. We can conduct thorough investigations, examine the nuances of your arrest, and develop a defense strategy designed to minimize penalties and protect your record.
Your first DWI doesn’t have to dictate the rest of your life. Call us today at (512) 359-3743 or reach out online to schedule a free, confidential consultation.
Awards & Associations
Respected by Peers, Clients and Legal Organizations
Our Client Reviews
Earning Our Reputation by Protecting Yours
-
Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
-
What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
-
When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
-
After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
A Proven Track Record
Check Out Our Recent Case Results
-
Not Guilty 2nd DWI
911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.
-
Not Guilty 2nd DWI
Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.
-
Case Dismissed 2nd DWI
Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist
-
Deferred Adjudication Aggravated Assault & Tampering with Evidence
Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.
-
Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury
Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.
-
Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation
