Practice areas: Criminal Defense, DUI-DWI
Licensed in Texas since: 2013
Education: Loyola Law School Los Angeles
Selected to Rising Stars: 2026 
Free Consultation Michael & Associates
500 W 2nd StSuite 1900
Austin, TX 78701 Phone: 512-729-1720 Email: Benjamin E. Michael Visit website
Details 
Ben “Mr. Dismissal” Michael is the founder of Michael & Associates Criminal Defense Attorneys, a premier white-glove criminal defense firm committed to achieving exceptional outcomes for clients across Texas.
With a team boasting over 400 years of combined legal experience, Michael & Associates has successfully handled thousands of cases—securing dismissals, reductions, and acquittals in both misdemeanor and felony matters statewide. The firm’s reputation for excellence is backed by an A+ rating from the Better Business Bureau and a perfect 5-star rating on Google, earned from more than 700 client reviews across all locations.
Unlike most defense firms that rely on just one or two attorneys, Michael & Associates offers a powerhouse team of 20+ defense lawyers - all who work together to beat your charges. This includes former judges, forensic DWI experts, ex-FBI agents, Texas DPS prosecutors, Super Lawyers honorees, and Board-Certified Criminal Defense Specialists. Supported by a 100-member staff dedicated to client service and legal results, the firm brings an depth of knowledge and resources to every case.
Michael & Associates serves clients throughout Austin, Houston, Dallas, Fort Worth, San Antonio, and beyond—handling virtually every type of criminal case in Texas, including DWI, assault, theft, drug charges, manslaughter, and murder.
If you’re facing charges, don’t go it alone. Schedule a free case review today and put our formidable Texas defense team to work for you.
First Admitted: 2013, Texas
Professional Webpage: https://zealousadvocate.com/attorneys/ben-michael/
Bar / Professional Activity
- State Bar of Texas, 2013
- Federal Court - Western District of Texas
Verdicts / Settlements (Case Results)
- City of Lometa Police Chief Melissa Cantu has been cleared of all charges in a high-profile case that showcased deep-rooted issues within City Hall in Lometa, Texas, and exposed the ugly side of small-town corruption., 2024
- Adrien Thomas Found Not Guilty in 2021 Fatal Auto-Pedestrian Collision, 2021
- Michael & Associates’ announces that its defense in a high-profile hit and run case ended in a mistrial for its client due to a hung jury., 2025
Videos
- Even misdemeanor drug charges in Texas can have serious consequences—especially in conservative counties. But the right legal strategy can make a huge difference in avoiding a conviction or jail time., Misdemeanor Drug Charges in Texas: What You Need to Know, 2025
- If you’ve confirmed that you have an active warrant for your arrest, time is of the essence. Instead of waiting to be pulled over and taken to jail, you can get ahead of the process with the right legal strategy. In this video, I break down how a walkthrough can help you avoid unnecessary time behind bars and how a personal recognizance bond might even let you walk free., Have an ACTIVE WARRANT? Here’s What You NEED to DO NOW!, 2025
- If law enforcement calls you, visits your home, or asks you to come in for a "quick chat," your answer should ALWAYS be NO! Talking to the police without a lawyer present is one of the biggest mistakes you can make. Even if they say you're not a suspect., NEVER Talk to the Cops! Here’s Why It’s a TRAP, 2025
- If you have an upcoming court date, don’t stress—99% of the time, nothing major happens! Most court appearances are just status updates, where your lawyer and the prosecutor tell the judge where things stand., What REALLY Happens at Your Court Date?, 2025
- If you're on criminal probation, you should always assume you'll be drug tested—even at your first probation meeting! Your probation officer has the right to randomly test you at any time, and failing a test can lead to more frequent screenings and serious consequences., First Probation Meeting: What You NEED to Know!, 2025
- If you're looking for a legal way to get out of jury duty, your best bet is actively participating in jury selection. The more you speak up and share strong opinions, the more likely you are to be dismissed for perceived bias., How to Get Out of Jury Duty (Legally!), 2025
- One of the biggest surprises for people facing criminal charges is how long their case can take. Court cases don’t move quickly—expect to fight your case for 6 to 10 months, sometimes even longer. Why? Because the justice system is a slow-moving bureaucracy., How Long Does a Criminal Case Take? The Reality, 2025
- Do not talk to the police without an attorney present. Most people are unaware of their rights and may get nervous or feel they should cooperate, but this can be a bad idea. The police are not your friends and their job is to arrest people for crimes. You are legally required to identify yourself and show ID, but beyond that, you have no obligation to answer any questions. If the police had enough information to arrest you, they wouldn’t be asking questions. Keep your answers short and avoid giving any information that could be used against you. If asked questions, simply ask, “Am I being detained?” If not, you have the right to leave. Following this advice can save you a lot of trouble., Why You Should Never Talk to the Police, 2024
- For a first-time DWI offense, it is very unlikely that you will face jail time, especially if no one was injured. The most common alternative to jail in Texas is deferred probation. This involves pleading guilty and agreeing to community supervision with specific conditions. If you successfully complete the probation, you avoid a DWI conviction on your record. However, failure to meet the conditions can result in jail time, up to six months for a Class B DWI or up to a year for a Class A DWI. Deferred probation is the typical plea bargain for first-time offenders., Will I Go to Jail for a 1st DWI In Texas? Probably Not., 2024
- If the police find enough evidence of intoxication, your license may be suspended. However, you can obtain an occupational driver’s license (ODL), which allows you to drive during the suspension period. Most clients are eligible for an ODL, and it usually takes a couple of weeks to get one. The ODL has some restrictions but generally allows you to continue your daily activities. Clients rarely have issues with the ODL while their DWI case is being resolved., Occupational Driver's License in Texas After a DWI, 2024
- For a first-time DWI offense, it is very unlikely that you will face jail time, especially if no one was injured. The most common alternative to jail in Texas is deferred probation. This involves pleading guilty and agreeing to community supervision with specific conditions. If you successfully complete the probation, you avoid a DWI conviction on your record. However, failure to meet the conditions can result in jail time, up to six months for a Class B DWI or up to a year for a Class A DWI. Deferred probation is the typical plea bargain for first-time offenders., The ACTUAL Consequences for a 2nd or 3rd DWI in Texas, 2024
- During an initial consultation, clients often ask about potential outcomes for a DWI case. The primary goal is to seek a complete dismissal by challenging the evidence. If dismissal isn’t possible, plea bargains for a first offense typically involve either straight probation, where the client serves their sentence on probation instead of jail, or deferred adjudication probation, which can lead to no conviction if successfully completed. Other alternatives include negotiating a reduction to a lesser offense like obstruction of a highway or applying for a pretrial diversion program, which can also result in dismissal or a reduced charge upon successful completion., DWI in Texas? Here's what to Actually Expect, 2024
- In DWI cases where the evidence is strong and clearly indicates intoxication, the focus shifts to mitigation. Even if the evidence suggests guilt, clients may not deserve harsh penalties like jail time. Michael & Associates work to present their clients’ positive attributes—such as lack of a criminal history, community support, and personal achievements—to persuade prosecutors to offer a lenient plea deal or alternative sentencing. This process often hinges on the lawyer’s ability to build a good relationship with the prosecutor and advocate effectively for the client’s character, potentially leading to reduced charges or avoiding jail time., How to Beat a DWI when the Evidence is NOT Good, 2024
- If breath or blood samples are suppressed or unavailable, the focus shifts to the video of the arrest. The key question is whether the person appears or sounds drunk to an average observer. At Michael & Associates, we scrutinize the video for any mistakes by the officer and discrepancies in their report, aiming to discredit the officer’s testimony. While field sobriety tests are often considered unreliable, the overall appearance and behavior in the video are crucial. If the person seems relatively normal despite imperfect test performance, it becomes challenging for the state to prove intoxication beyond a reasonable doubt., How we Use the Arrest / Body Cam Footage to Beat a DWI, 2024
- In the initial phase of investigating a DWI arrest, the focus is on why the officer pulled the person over. This is usually due to a traffic violation, a car accident, or a welfare check. Most DWI arrests stem from traffic stops. To challenge the arrest, it's crucial to verify if the traffic violation actually occurred. This involves reviewing dashboard and body camera footage to confirm or refute the officer's claims. If the evidence shows the stop was unjustified, a motion to suppress can be filed. If the judge agrees the stop was illegal, any evidence obtained afterward may be excluded, potentially leading to the case being dismissed., How We Challenge DWI Traffic Stops to Beat Charges, 2024
- Facing a domestic assault charge is serious, and many people are unaware of how these cases actually unfold. Whether the alleged victim wants to drop the charges or cooperate, the prosecution has the final say. Here’s what you need to know., Domestic Assault Cases in TEXAS: What You NEED to Know, 2025
- ailing a random drug test on probation is a serious issue, but does it always mean jail time? Let’s break down what actually happens and what you can do., What Happens If You FAIL a Probation Drug Test?, 2025
- Getting caught with a fake ID might not seem like a big deal, but in some cases, it can be a felony. Let’s break down what you need to know to avoid serious consequences., Got Caught with a Fake ID? Here’s What Happens!, 2025
- If you’ve been arrested for drug possession, don’t panic. There are many legal defenses that could get your case reduced or even dismissed. Here’s what you need to know., What Happens If You’re Arrested for Drug Possession?, 2025
- The next step in a DWI investigation involves examining blood or breath sample testing. At Michael & Associates, lawyers are certified in understanding the science behind blood sample testing, specifically using gas chromatographs. They conduct independent analyses to identify any mistakes made by the state lab. If errors are found, they can challenge the evidence in court. For breath samples, they scrutinize the accuracy and maintenance of breathalyzer machines. Any discrepancies in service or calibration records can be used to question the reliability of the results. Successfully challenging these samples can lead to case dismissal., How to Beat Blood or Breathalyzer Results, 2024
- When dealing with a DWI arrest in Texas, the first step is to address the automatic driver’s license suspension. You have a two-week window after your arrest to request an Administrative License Revocation (ALR) hearing. If you do not request the hearing within this timeframe, you lose the right to challenge the suspension, which will take effect around 40 days after your arrest., DWI in Texas? ALR Hearings and How to Keep Your Driver's License, 2022
Representative Clients
- Demetrius Jones, charged with murder in connection with the 2021 shooting death of Francine Martinez, a Fort Hood soldier who was shot outside a Killeen nightclub., 2024
- John Reese Hutka, against police allegations of aggravated assault against a public servant during a welfare check in September., 2024
Educational Background
- University of Florida, B.S. (2010) Political Science, 2006-2010
- Loyola Marymount University, J.D. (2013) | Doctor of Law, 2010-2013
White Papers
- With large case backlogs and overcrowded jails, many county court systems feel pressured to move cases through the court system quickly while fulfilling defendants’ constitutional rights. However, the workload statistics and overall low pay rate raise questions about whether defendants are encouraged to accept plea deals that may not be in their best interests., Study: Pay for Court-Appointed Attorneys in Texas Topped $264 Million, 2025
- Texas has paid almost $100 million in lump-sum payments since 2009 to 95 men and women for wrongful convictions, according to state records requested by Michael & Associates, a criminal defense law firm based in Austin, Texas, under the state’s Public Information Act., Texas Has Paid Almost $100 Million to Exonerees Since 2009, 2024
- Michael & Associates, an Austin-based criminal defense law firm, purchased random samples of Delta-9 THC and CBD edibles from across the state and sent them to an independent lab to determine whether they meet state and federal legal requirements. The short answer is that all of them could be considered legal based on total THC content, while all of them could be considered illegal based on weight., We Tested ‘Legal’ THC Edibles from Throughout Texas. Here’s What We Learned., 2024
- DUI/DWI enforcement varies by state. However, some states are more strict than others, requiring expensive fines and mandatory jail time, even for a first-time offender. Additionally, a guilty plea or conviction has other collateral consequences, including several years’ worth of higher car insurance premiums, potential career licensing issues, and a criminal record that could cause problems when searching for employment or housing., Study: States with the Strictest (and Least Strict) Drunk Driving Laws, 2025
Scholarly Lectures / Writings
- Ben Michael , The Difference Between DWI and DUI in Texas, 2024
- Ben Michael , What Are the Penalties for Minors Convicted of DWI in Texas?, 2023
- Ben Michael, DWI Accident Charges: Legal Implications in Texas, 2024
- Ben Michael, Alcohol Programs for DWI in Texas, 2024
- Ben Michael, If a Driver’s Breath Smells Like Alcohol, Can They Be Arrested for DWI?, 2024
Other Outstanding Achievements
- Best Criminal Defense Lawyers Serving Dallas, Expertise, 2025
- Best Criminal Defense Lawyers Serving Austin, Expertise, 2025
- Best Criminal Defense Lawyers Serving San Antonio, 2025
- 10 Best Attorney, American Institute of DUI / DWI attorneys, Expertise, 2022
- Top 10 Criminal Defense Attorney, Attorney and Practice Magazine, 2022
- Rising Star, American Institute of Legal Advocates, 2018
- Top 40 Under 40, American Academy of Attorneys, 2018
Office location for Benjamin E. Michael
500 W 2nd St
Suite 1900
Austin, TX 78701
Selections
1 Year Rising Stars
- Rising Stars: 2026