Cedar Park DWI Defense Attorneys
Arrested for DWI in Cedar Park, TX? We Can Help.
In Texas, drinking and driving is a crime, one that law enforcement and prosecutors take very seriously. While most people know that it is illegal to operate a motor vehicle (including a car, boat, etc.) with a blood alcohol concentration (BAC) of 0.08% or higher, not everyone realizes that you can be arrested and charged with driving while intoxicated (DWI) if the officer believes you are driving while impaired by any amount of alcohol or another substance, including legal prescription drugs.
If you’ve been arrested for DWI in Cedar Park or anywhere in Williamson County, you must act quickly. Your arrest sets into a motion a series of events that can affect everything from your driving privileges to your freedom. There are ways to fight your DWI charges, and Smith & Vinson Law Firm can help. Our Cedar Park DWI defense attorneys have helped countless people in situations like yours get their charges dropped, their cases dismissed, or their penalties reduced. We understand what’s at stake, and we’re ready to fight for you.
Contact us 24 hours a day, 7 days a week at (512) 359-3743 to discuss your situation with one of our DWI lawyers in Cedar Park.
Is DWI Different from DUI in Texas?
In Texas, the difference between DWI and DUI is more than just semantics:
- DWI in Texas: “Driving while intoxicated,” or DWI, refers to the crime of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above or while impaired by alcohol or another substance, such as marijuana or prescription medications.
- DUI in Texas: DUI, on the other hand, stands for “driving under the influence” and only applies to those under the state’s legal drinking age of 21. While DWI is a crime punishable under the Texas Penal Code, DUI falls under the Texas Traffic Code.
DWI can be charged in different ways, sometimes as a misdemeanor and, in other cases, as a felony. These different charges carry varying penalties, from jail time or prison sentences to steep fines, driver’s license suspension, and more.
In Texas, DUI is most often charged as a Class C misdemeanor. If convicted, you may not go to jail, but you may face fines up to $500, mandatory driver’s license suspension, and community service. While most DWI cases involve a BAC of 0.08% or above, a minor can be charged with DUI if they have any detectable alcohol or drugs in their system.
Understanding Texas DWI Laws
If you are 21 or older and are arrested for drunk driving, you face being charged with “driving while intoxicated,” or DWI. The exact charges depend on several factors, including whether you have been convicted of DWI before, your alleged BAC at the time of your arrest, or whether you were involved in an accident and, if so, whether anyone was hurt or killed.
In Texas, BAC limits include:
- 0.08% – This is the legal limit for anyone 21 and older who is not driving on a commercial driver’s license (CDL). If your BAC is 0.08% or higher, you can be charged with DWI.
- 0.04% – If you are operating a motor vehicle with a commercial driver’s license (CDL), the legal limit is lowered to 0.04%. A conviction can not only lead to imprisonment and fines, but also the loss of your CDL—and your livelihood.
- 0.00% – If you are under the age of 21, you are not permitted to operate a motor vehicle with any detectable alcohol in your system under the state’s “zero-tolerance” policy for minors.
- 0.15% – This is the state’s “enhanced penalty,” or “aggravated,” BAC limit, meaning if you are found to have a BAC of 0.15% or above, you face more serious charges and enhanced penalties, even if you have never been arrested for DWI in the past.
Implied Consent: Do You Have to Take a BAC or Field Sobriety Test in Texas?
There are two ways in which law enforcement determines whether someone is impaired by alcohol or drugs: blood alcohol concentration (BAC) tests and field sobriety tests.
- A BAC test is a chemical test, usually breath (breathalyzer) or blood but sometimes urine, used to determine a person’s blood alcohol concentration.
- A field sobriety test is a series of physical and/or mental tests, such as walking in a straight line or following an object with your eyes, used to determine if you are impaired.
Under the state’s implied consent law, by obtaining a driver’s license in Texas, you consent to submitting to a BAC test if you are pulled over on suspicion of DWI. However, there is no obligation to submit to a field sobriety test in Texas. In other words, you can refuse a field sobriety test without facing certain penalties, such as driver’s license suspension. That being said, if you refuse a field sobriety test, the officer will almost certainly have you take a breathalyzer test or take you into the station for another chemical BAC test.
What Happens If You Refuse a BAC Test in Texas?
Technically, you can refuse a BAC test, but there are consequences for doing so. Refusing to blow into a breathalyzer or submit to a blood draw will result in the immediate confiscation of your driver’s license. The officer will take your license and issue you a temporary driving permit. At this point, you have just 15 days to request an administrative license revocation (ALR) hearing to contest your driver’s license suspension.
If you do not request a hearing in time, or if you are not successful in challenging the license suspension, your driver’s license will be suspended for at least:
- 180 days, if it’s the first time you’ve refused a BAC test
- 2 years, if you’ve refused a BAC test at least once in the past 10 years
If you’ve been arrested for DWI in Cedar Park or the nearby areas, whether you took a BAC test or refused it, the best thing you can do is reach out to a skilled defense attorney who can help protect your rights. At Smith & Vinson Law Firm, we are here to answer your questions and can take immediate action aimed at restoring your driving privileges and clearing your name.
Defending DWI Charges in Cedar Park & the Surrounding Areas
Many people who are arrested for DWI feel like there’s nothing they can do, that a conviction is inevitable—but this could not be further from the truth. There are many ways to fight DWI charges in Texas, and our DWI defense attorneys in Cedar Park can help you explore your options.
Some of the common DWI defenses we may use include:
- Improper testing procedures or inaccurate test results
- Outside factors, such as illness or fatigue, that compromised test integrity
- Officer lacked reasonable suspicion or probable cause to pull you over
- Unreliable witnesses or witness inconsistencies
- Entrapment by police officers
- Improper police procedures, such as denying you access to a lawyer
- Reasonable doubt or innocence
With former prosecutors on our team and decades of combined experience amongst us, we have helped people successfully have their charges dropped or reduced, their penalties lessened, or their cases result in not-guilty verdicts at trial. No matter how complicated your situation may seem, we can provide a personalized defense strategy based on our in-depth familiarity with Texas DWI laws and our proven history of success.
If you’ve been arrested for DWI in Cedar Park, Texas, time is of the essence. Call our firm now at (512) 359-3743 for a free, confidential consultation.
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Our Client Reviews
Earning Our Reputation by Protecting Yours
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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.
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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
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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.
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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
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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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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 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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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.
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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.
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Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation
