
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.

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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.
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Case Dismissed Intoxication Assault
Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.
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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.
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Pre-Trial Diversion DWI Voluntary Blood Draw
Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit.
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Case Dismissed DWI
Our client left 6th Street at 2:00 AM after celebrating an anniversary and fell asleep at the wheel. He was arrested for DWI at 4:30 AM and blew a .138 on the breathalyzer.
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Not Guilty DWI .24 Blood Warrant
Our client, an older male working professional, was stopped for a traffic violation while leaving downtown Round Rock. A major issue arose with the blood analysis conducted by a DPS analyst who had a prior disciplinary history.
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Case Dismissed DWI
Our client was charged with a DWI in Waco when he was caught crossing through a ditch to get to a frontage road during traffic. He admitted to having three drinks and performed SFSTs. However, he refused to provide breath or blood to the officers.
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NOT GUILTY DWI
911 caller reported our client passed out in the middle of an intersection. Police arrived on scene, and would later find meth, cocaine, and THC gummies inside the car. There were also two open containers of alcohol in the front console. Client was very groggy and unintelligible but woke up pretty quickly after officers arrived. According to the officers, the client failed the field sobriety test. But, of course, they always say this.
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Case Dismissed Felony DWI w/ Child Passenger
After spending Thanksgiving Day with her family, our client drove home with her daughter in the backseat of her car. She was pulled over for speeding and given a warning. At that point, she should have been free to leave. Instead, a backup officer arrived on scene and demanded that the client step out of the car so he could perform an “investigation.”
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Case Dismissed DWI
Our client was stopped by a police officer for driving the wrong way down a one-way street. A Blood Warrant was issued, and the test came back .09. Our client was new to the area and attempting to get a job. Pleading guilty to a DWI was not an option. After negotiating with the prosecutor, our firm was able to get the DWI charge dismissed after successful completion of 18 months deferred prosecution.
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Case Dismissed DWI
Our client was pulled over for failure to signal intent to turn. The arresting officer claimed the vehicle accelerated at a high rate of speed (67 MPH in a 30 MPH zone) resulting in a chase. When our client stopped, the officer noted the smell of alcohol on our client’s breath.
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Not Guilty DWI .17 Blood Result
A soldier on base at Fort Hood hit a parked car in the parking lot of his barracks while attempting to back into a parking space. A bystander called 911, believing the driver to be drunk. Military Police investigated the incident and performed field sobriety tests. The soldier was arrested for DWI and his blood was drawn for analysis. The lab results came back, showing an alleged blood alcohol content of 0.178.
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Case Dismissed DWI
Our client was stopped for a headlight that had gone out and was then arrested for and charged with DWI. He consented to a breath test and blew a .11. Upon reviewing the dash cam video, we discovered that the field sobriety tests were performed off camera. We knew that the video would not be usable in trial and used this information to pressure the prosecutor during our negotiations.
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Probation (was looking at 25 to life in prison) Felony DWI
Our client was arrested and charged with DWI. The alleged BAC was 0.083. However, because he had 6 prior DWI’s and had previously been to prison multiple times, the client was facing 25 years to life in prison. The client accepted responsibility for the crime and our attorneys set this case for a sentencing hearing in front of the judge, where we put on a strong mitigation case with multiple witnesses. We were able to avoid prison or jail for the client. He was sentenced to probation.
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Not Guilty DWI .22 Blood Warrant
This was the 2nd time we tried this case. First one ended in a mistrial last year. 911 caller reported 2 people leaving a restaurant belligerent and stumbling. Officer arrived on scene, conducted field sobriety tests and arrested client for DWI. Client refused to provide a sample. Warrant was obtained and blood came back a .22.
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Case Dismissed DWI
Our client, a veteran, fell asleep at the wheel and was involved in an accident. He was arrested for DWI and refused to give a breath or blood sample to the police. He came to us concerned that a DWI conviction would put an end to his military benefits. We received a plea offer for a DWI conviction with 15 months of probation, but we knew we could do better.
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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
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Case Dismissed/Charges Reduced DWI With Child Passenger - Felony
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Pre-Trial Diversion DWI Voluntary Blood Draw
Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit. Our client has a prior felony conviction. The State waited a full 2 years after the incident and right before the deadline of the statute of limitations were to expire to file the charges against our Client.
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Case Dismissed; Charges Reduced Felony DWI
Our client was arrested for her fourth DWI with an alleged BAC of 0.168. The State aggressively prosecuted this case and sought prison time. We were able to work with the client on a mitigation strategy that resulted in the State agreeing to drop the felony and offer probation on a misdemeanor, keeping the client out of jail.
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Motion to Suppress Granted; Case Dismissed DWI 2nd .209
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Motion to Suppress Granted During Trial DWI .11 Blood Warrant
This was the 2nd jury trial for this case. First one was a 4-2 hung jury for not guilty. This trial ended in a dismissal by the State mid-trial after we fought and won a motion to suppress. Client and his wife pulled off on the side of the road sleeping in truck with engine running. Client in driver seat with seat laid way back. Officers say they smelled odor of alcohol coming from vehicle but didn’t specify who in the car it was coming from.



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“I’ve worked with a few law offices over the years, but Smith and Vinson made the biggest impression. From the first time I heard and met with them, they were professional, kind, and genuinely attentive.”- Thomas A.
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“Very professional and efficient throughout my entire case. They took my situation seriously, explained every step, and made sure I felt supported. You can tell they’ve handled serious cases in Travis County before.”- Destiny E.
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“Very dedicated & professional! I always knew where things stood in my case at ALL TIMES and I received the outcome that I needed nobody is going to fight harder for you! Thanks again Charlie Falck and Annie Mann you guys are genuinely the best :)”- Taylor T.
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“From the first call to the last, they stayed in communication with me and let me know every step of the way. The attorneys at this office and the support staff got my case dismissed with no problems. If you find yourself in a situation, I highly recommend calling this firm.!”- Lyndsey O.
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“Brad really takes the time to get to know your situation. He was sharp, respectful, and didn’t sugarcoat anything.”- Kayla S.
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“From our very first consultation, Charlie took the time to truly understand my situation, explain my options clearly, and guide me every step of the way. I highly recommend him and his staff.”- Didi C.
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“The entire staff was incredibly helpful, responsive, and made me feel supported every step of the way. I’m truly grateful for their expertise and care, they made a stressful situation so much easier to navigate.”- Cielo J. R.
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“I can't thank this firm enough! Brad Vinson is a top-notch attorney who fights relentlessly to get cases dismissed. His dedication and expertise truly set him apart.”- Iayni M.
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“They didn’t waste time, explained everything clearly, and were super prepared. If you need a criminal defense lawyer in Austin, this is a firm you can trust!”- Keira C.


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.

