Williamson County DWI Lawyer
Defending Against DWI Charges in Leander, Hutto & Cedar Park, Texas
A DWI charge is a serious criminal offense in Texas that carries severe penalties, including fines, jail time, loss of your driver's license, and mandatory alcohol education classes. The consequences of a conviction can have a lasting impact on your life, affecting your personal and professional future. Beyond immediate penalties, a DWI conviction can also affect your insurance rates and your ability to find employment and can lead to further criminal charges if repeated.
If you have been arrested for DWI in Williamson County, it is crucial to take immediate action to protect your rights and build a strong defense. At Smith & Vinson Law Firm, our experienced Williamson County DWI attorneys are dedicated to providing you with the high-quality legal representation you need. We understand the complexities of Texas DWI laws and are committed to fighting for the best possible outcome in your case.
Call (512) 359-3743 or contact us online today for a free consultation to discuss your Williamson County DUI or DWI defense strategy with a drunk driving lawyer in Cedar Park.
What Is the Statutory Definition of DWI in Texas?
The Texas Transportation Code defines driving while intoxicated (DWI) as driving while:
- Intoxicated
- Under the influence of drugs or alcohol
- Impaired by drugs or alcohol
- Incapable of safely driving a vehicle
This means that you can be charged with DWI even if your blood alcohol content (BAC) is below the legal limit of .08 percent. You can be charged with DWI even if you are not visibly intoxicated. You can be charged with DWI even if you are sober but your ability to drive has been compromised by drugs or alcohol.
Penalties for a DWI in Texas
A first DWI offense in Texas is punishable by:
- Fine: Up to $2,000.
- Jail Time: A minimum of 72 hours up to a maximum of 180 days.
- License Suspension: 90 days to 1 year.
- Additional Costs: Annual surcharge of $1,000 to $2,000 for three years to retain the driver's license.
- Education Program: Completion of a 12-hour DWI education program.
A second DWI offense is punishable by:
- Fine: Up to $4,000.
- Jail Time: A minimum of 30 days up to a maximum of 1 year.
- License Suspension: 180 days to 2 years.
- Additional Costs: Annual surcharge of $1,500, $1,000, or $2,000 for three years to retain the driver's license.
- Ignition Interlock Device (IID): Installation of an IID for a period determined by the court to prevent the car from starting if the breath alcohol level is detected above the pre-set limit.
- Education Program: Completion of a 32-hour DWI education program.
A third DWI is punishable by:
- Fine: Up to $10,000.
- Jail Time: A minimum of 2 years up to a maximum of 10 years.
- License Suspension: 180 days to 2 years.
- Additional Costs: Annual surcharge of $1,500, $1,000, or $2,000 for three years to retain the driver's license.
- Ignition Interlock Device (IID): Installation of an IID for a period determined by the court.
- Education Program: Completion of a 32-hour DWI education program.
For fourth and subsequent DWI offenses, the penalties can include increased fines, longer jail sentences, longer license suspensions, and other severe consequences. The penalties become more severe with each subsequent offense. Each additional conviction increases the likelihood of longer mandatory treatment programs or installation of monitoring devices.
It's worth noting that these penalties can be further enhanced if certain aggravating factors are present, such as causing serious injury or death while driving under the influence or having a BAC level above a certain threshold. The implications of elevated charges may include felony convictions, which have broader consequences beyond fines and imprisonment, affecting future civil liberties and employment opportunities.
How Is DWI Proven in Texas?
Texas law requires that the prosecution prove each element of DWI beyond a reasonable doubt. The prosecution must prove that you were intoxicated while operating a vehicle. This includes correlating evidence like blood tests and eyewitness testimonies to substantiate the claims of intoxication and improper vehicular operation.
The prosecution will attempt to prove that you were intoxicated in one of the following ways:
- Driving in a way that indicated you were intoxicated
- Slurred speech
- Odor of alcohol
- Bloodshot or watery eyes
- Poor coordination
- Unable to walk a straight line
- Unable to perform field sobriety tests
In order to prove that you were intoxicated, the prosecution will likely attempt to have you take a field sobriety test. These tests are not foolproof and can be difficult to perform accurately. The police officer administering the test is often not an expert in these tests. Your Austin DWI lawyer can help you challenge the results of any field sobriety tests. Additionally, your drunk driving attorney can seek to question any inconsistencies in test administration or results interpretation that might arise during your defense.
Contact our Williamson County DWI defense lawyers in Cedar Park to discuss your defense today. Smith & Vinson Law Firm is available 24/7 for clients. Call us at (512) 359-3743.
FAQs About DWI Defense in Texas
What Should I Do Immediately After a DWI Arrest in Cedar Park?
After a DWI arrest, it’s vital to remain calm and cooperative, ensuring you don’t incriminate yourself. Request legal representation immediately and refrain from making any statements until you speak with your attorney. Document the circumstances surrounding your arrest as soon as possible, including the events leading up to the stop. This information can be crucial in challenging the legality of your arrest and the evidence collected, which your DWI defense attorney can use effectively.
Can I Refuse a Field Sobriety Test in Texas?
In Texas, you are permitted to refuse a field sobriety test; however, be aware that refusal of chemical tests, like breath and blood tests, can result in certain legal repercussions, such as license suspension. It's important to understand that refusal of either type of test could be used against you in court. Consulting with a knowledgeable DWI attorney can help you navigate these consequences and determine the best course of action. Our DWI defense team in Cedar Park can guide you through the legal process, ensuring you are informed about your rights and options.
How Can a DWI Affect My Driving Record in Leander, Cedar Park, or Hutto?
A DWI conviction in Williamson County can significantly impact your driving record and result in increased insurance rates. Moreover, it can influence your ability to secure certain jobs that require a clean driving record. The conviction may remain on your record for several years, thereby affecting both your personal and professional life. Understanding this, our legal team works diligently to devise defense strategies that aim to minimize the long-term impact of a DWI on your driving record and overall quality of life.
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