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Charged with DWI?
Protect Your License
Before Time Runs Out.

FAQ about Texas DWI

Get Answers from Our San Antonio DWI Attorneys

A DWI arrest will inevitably lead to questions and concerns about your case. Addressing those questions will help you to better understand your situation so that you can make informed choices about how to proceed. Our San Antonio DWI lawyers can answer your particular questions when you arrange for a free consultation. However, the following are a few of the frequently asked questions that clients have concerning DWI.

We hope you will review them and call our offices at (210) 960-9557 for further information about your specific situation.

What is probable cause and how is it used in a DWI arrest?

Probable cause gives police officers a justification for stopping a driver, making an arrest, or conducting a search of the driver and/or his or her vehicle. Without probable cause, a police officer has no reasonable grounds for these actions. As an example, an officer may witness a driver violating traffic laws, such as failing to stop at a stop sign, running a red light, drifting into other lanes of traffic, and other suspicious driving behaviors. These behaviors give the officer probable cause to stop the driver for suspected DWI. Challenging an officer’s probable cause, however, is one aspect of DWI defense.

In what way can you challenge field sobriety tests?

To be valid, field sobriety tests must be administered and evaluated by a law enforcement officer who has been fully trained to administer them. One way to challenge these tests is to show that they were not administered correctly. For example, if you “failed” the walk-and-turn test because the ground was uneven or because you were wearing high heels, the test results can be challenged as faulty. Another way to challenge field sobriety tests is to show that the arresting officer lacked formal training in their administration or that he or she “failed” you based on an inaccurate evaluation of your performance.

If I failed the breath test, isn’t that an automatic conviction?

No. Breath testing can be challenged as evidence in many different ways depending on a number of factors. Even a breath test showing you were above the legal limit of .08 percent blood alcohol content is not a given. The test result could be incorrect or inadmissible. That is why our San Antonio DWI attorneys carefully evaluate these tests. These evaluations can help us devise the best way to challenge them in your defense.

Why is it so important to call an attorney right away?

It is important to involve an attorney in your case as soon as possible after any DWI arrest so that your legal rights are protected from the start. By doing so, you are exercising your right to remain silent and your right to legal representation. Because DWI is a serious legal matter, your best defense against a conviction is to take advantage of a professional who deals with these matters routinely and who fully understands what can be done to optimize your case.

Will I lose my license?

An automatic license suspension will be initiated by the Texas Department of Public Safety after any DWI arrest. However, you will have 15 days from the date of the arrest to request a hearing before a judge to challenge the loss of your driving privileges. This hearing is a civil matter that is separate from criminal proceedings. Smith & Vinson Law Firm has handled many of these hearings for our clients and we recommend that you involve one of our San Antonio DWI lawyers to do this in your case as well. Our firm has the knowledge and resources to potentially help you avoid a license suspension. We are extremely skilled in challenging evidence and arguing cases.

Have more questions? Get additional answers by calling Smith & Vinson Law Firm at (210) 960-9557 today.

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Hear What They Have to Say

  • Second to NONE

    “I would love to add my thanks and heart felt appreciation for the help that your law firm provided me. Before I met you guys my situation looked very bleak and quite honestly your dedication to my case really carried over this past year and the reward was not only one felony dismissal but two. Thank you from the Ramirez family, I will always be great full and you guys have earned a spot in my family. For anyone reading, this firm is second to NONE, they know what there talking about and do exactly what they promise to do. Very professional, on time and and educate you along the whole process. I had alot to lose and you guys gave it all back to me and finally represented what true Justice is here in America. God bless you both and God bless your firm”

    Manuel R.

  • He's a real lawyer!

    “A civil issue arose in Austin with a family member. We sought the advice of a well named Austin attorney. This unnamed attorney provided egregious legal advice. In court, a lifetime civil injunction was ruled by the judge on this non-criminal civil issue. Once learning of this judgement we immediately started looking for another attorney and found Brad Vinson, with Smith and Vinson. Simply put, Brad had this entire debacle reversed and a new judgement set for what is customarily ruled in similar cases. It didn't take long either. I only wish we had called Brad first. He's a real lawyer!”


  • 110% glad I chose Jarrod to represent and fight for me.

    “Pay them, be honest with them and communicate with them and they will fix your mistake. Plain and simple. Charged 1st DWI offense. Called in. Told them scenario. Worked with payment methods (very important) .I had numerous lawyers to choose from. 110% glad I chose Jarrod to represent and fight for me. Throughout 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. mission accomplished. if you need a DWI removed call jarrod”

    Ronald D.

  • Professional representation at its best!

    “I am grateful for the representation both men have provided me and without hesitation, I would speak volumes of their service. Thank you so much!”


  • Awesome communication

    “They handle my case incredibly well and warned me on the possible negative outcomes, overall completely satisfied me through the whole process. ”

    Elmer Marqueiz

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  • Avvo 10.0 Rating
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  • Avvo Clients' Choice Award


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