Michael & Associates, Attorneys at Law

The Austin, TX Criminal Defense Lawyer that Cares

Charged with DWI, possession of a controlled substance, or any other felony or misdemeanor?  Michael & Associates will strive to get you the best outcome possible.

About Ben Michael

I'm Ben Michael, and I've been practicing criminal defense law for nearly a decade. 

I've worked on cases ranging from DWIs, to assault, drug possession and many more.  I won Top 40 under 40 and was named one of the Top 10 Criminal Defense Attorneys in Texas, among many other awards.

After a decade at some of the top Criminal Defense firms in the country, I decided to start Michael & Associates to provide white-glove, high touch criminal defense services with one goal: to get you the best outcome possible.

Ben Michaels

A Different Type of Defense Attorney

Your Peace of Mind Matters

Being charged with a crime is one of the most stressful things you can go through.  That's why we make it a point to explain every detail of our defense strategy, and all the steps that your case involves.  Complete transparency.

Call or Text Me Anytime

When I take on a case, I give you my personal cell phone number for you to call or text anytime day or night.  That's the commitment I make to you.  Other firms will pawn you off on secretaries and legal assistants, and make you wait days for a callback. 

I think that's ridiculous.  When I defend you, you get direct access to me 24/7.

I Fight Til the Death

I legally can't promise outcomes, but what I can promise is that I will fight for the best possible outcome. 

Larger, cheaper firms will treat you like a number.  They apply the same formula to every case, and unfortunately don't get their clients great results.

Every case is different, so we take an approach specific to your case.  Does it take us way more time and effort?  Of course, but getting you a dismissal or the best outcome possible is worth it.

We Minimize Court Time

Going to court is stressful and usually not necessary.  That's why I do my best to keep the time you have to spend in a courtroom to a minimum.  

If you don't legally have to be in a courtroom, don't go.

We Practice All Areas of Criminal Defense in the Austin, TX Area

We handle any type of felony or misdemeanor in the state of Texas - no case is too big or too small.



Our most common case type - our goal is to dismiss your DWI, keep it off your record, and keep you driving.  


Jail Release

Know someone stuck in jail? We'll get them out in a jiffy (limited to certain counties).


Drug Possession

Charged with possession of a controlled substance? We've done everything from misdemeanors to felonies.


Assault & Battery

Penalties for assault range from a fine to life in prison. Let us help ensure it's not the latter.


Domestic Abuse

Even threatening violence against a household member can lead to serious charges.  Let us defend you against whatever you're facing.



Burglary is a felony in the state of Texas, and carries severe penalties if convicted. We'll mount an aggressive defense to help keep you out of prison.

More Practice Areas

  • Theft Crimes

  • Sexual Assault

  • And Pretty Much Everything Else

Why we're the Right Criminal Defense Lawyer for You

Top 10 Criminal Defense Attorney AVVO

Happy Clients All Over Austin

I'm so grateful I ended up going with Ben.  He truly gave me the white glove treatment, helping me through the entire process of my criminal case.  And the outcome was far better than I ever could have imagined.  I'd highly recommend Ben Michael to anybody who needs a criminal defense attorney.

Jason Spencer
United States

Recent Cases in Austin

Case Dismissed

Charge: Driving While Intoxicated

Location: Austin, TX

Allegations: Client was pulled over after police observed his car swerving.  Police alleged client had alcohol on his breath, and failed sobriety test and blood test.

Result: Dismissed after motion to suppress illegally obtained evidence.

Case Dismissed

Charge: Driving While Intoxicated

Location: Austin, TX

Allegations: Client was driving while tired, and pulled over for swerving.  She cooperated and passed a sobriety test.  Arrested and charged with DWI based on poor driving and smell of alcohol.

Result: Case Dismissed due to Lack of Evidence

Case Dismissed

Charge: Felony Unlawful Carrying of a Weapon

Location: Austin, TX

Allegations: Client arrested at a bar with a legally permitted handgun holster.

Result: Case Dismissed

Recent Posts

Class B Misdemeanor in Texas: Everything You Need to Know
In Texas, misdemeanors are crimes that are punishable by up to one year or less in county jail. They are not as serious as felonies, but they are more serious than infractions. Misdemeanors are categorized into three classes depending on their severity, with Class A misdemeanors being the most serious, to Class C being the …

Class B Misdemeanor in Texas: Everything You Need to Know Read More »

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Domestic Assault / Family Violence in Texas: Charges & Consequences
In Texas, family violence refers to violence that happens between intimate partners, married couples, family members, or members within a household—even if they don’t currently live together.  As well as physical assault, threats of imminent bodily injury can be charged with family violence. Keep reading to learn more about family violence in the Texas penal code, and …

Domestic Assault / Family Violence in Texas: Charges & Consequences Read More »

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Resisting Arrest Charges in Texas: Definition, Regulations, Consequences
Getting arrested by law enforcement officers is a stressful experience for most people, while for others, it can be downright panic inducing. Police officers must follow the proper protocol for making arrests, but if you behave in a way that’s construed as Resisting Arrest, additional charges can be leveled against you, even if you believe …

Resisting Arrest Charges in Texas: Definition, Regulations, Consequences Read More »

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Frequently Asked Questions

About Michael & Associates


What sets Michael & Associates apart?

Simply put, Michael & Associates gives you two things: the white glove treatment, and the best outcome possible.

There are dozens of lawyers out there that will charge you less and promise you the world. But when you have questions, are they there for you? Are they going to really give each case the best effort? More likely, they are going to take the easiest path forward. They are essentially factories for criminal cases.

With Michael & Associates, we take on a limited number of cases so that we can treat each one as if it were own.

You get Ben Michael's personal cell phone, and are encouraged to text him anytime day or night. Other firms? You get stuck with a secretary and maybe a call back 3 days later if you're lucky.

Ben will walk you through every step and detail, and make sure that you feel comfortable the whole way through. We get that this is a stressful time, and it's our goal not only to get you the best possible outcome, but to also make this as painless as possible.

What types of cases can Michael & Associates help with?

Michael & Associates takes on pretty much all types of felony and misdemeanor criminal cases, including the following:

  • DUI / DWI
  • Possession of a Controlled Substance
  • Assault & Battery
  • Family Violence
  • Domestic Abuse

We do not do:

  • Traffic Law
  • Family Law
  • Immigration Law
  • Civil Law

What jurisdictions does Michael & Associates practice in?

We're licensed to practice throughout Texas.  Currently we're taking on cases for all counties between Austin & San Antonio.

Criminal Law in Austin


What are the types of criminal assault charges in Texas?

Texas law states that a person commits assault if they:

  1. intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
  2. intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
  3. intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Additionally, there is a difference between simple and aggravated assault.

  • Simple Assault is when someone intentionally, knowingly or recklessly threatens bodily injury to a person.
  • Aggravated Assault is when someone causes serious bodily injury or uses a deadly weapon during the assault.

Additionally, if the victim is a certain type of person - such as a child, a disabled person or an elderly person - the charge can vary.

Assault cases are not one-size fits all, so we recommend you get a free case review in order for us to better advise you.

When can someone be charged with domestic assault in Austin?

Domestic assault, as defined by Texas Penal Code 22.01, is the same definition of assault but directed to a family member, household member, or someone that person is in a dating relationship with.

Driving While Intoxicated in Austin


What is the legal limit for drunk driving in Austin?

In Austin, Travis County, and the rest of Texas, any driver caught with a blood alcohol content (BAC) of 0.08% or higher can be charged with driving while intoxicated.  BAC is a measure of what percent of your blood is made up of alcohol.

The number of drinks that will put you at a BAC of 0.08% depends on a number of factors, including the strength of the drinks, the time passed since consuming, your gender, your weight, and your tolerance.

What are the penalties for a DWI in Austin?

In Austin, the penalties vary based on how many offenses you have had.

First Offense

  • Up to a $2,000 fine
  • Up to 180 jails upon conviction, with three mandatory days in jail
  • Loss of driver's license for up to a year

Second Offense

  • Up to a $4,000 fine
  • One month to a year in jail
  • Loss of driver's license for up to two years

Third Offense

  • A $10,000 fine
  • Two to ten years in prison
  • Loss of driver's license up to two years

Additional penalties apply if driving with a child passenger, which include:

  • Additional fines up to $10,000
  • Up to two years in jail
  • Additional 180 days of driver's license suspension

What should I do if I'm pulled over and accused of drunk driving?

For starters, pull over immediately and safely.  Do not attempt to evade the police as you will likely fail to outrun them and will face further charges.

Once the officer approaches your vehicle, be extremely polite and obedient.  The officer will first ask for your license, registration, and proof of insurance.  Tell the officer where these are located, and slowly move to retrieve these items.

Officers will typically ask if you know why they pulled you over.  Simply say "No Sir" or "No Ma'am".  Because in court, an officer must have a reason to justify pulling you over.  So you don't want to admit to the officer that he or she had a good reason.

You have the right to refuse both a field sobriety test and a preliminary breathalyzer test.  If you believe you will fail, it is a good idea to refuse these.  Simply state that you are not comfortable doing these, and would like to speak with your attorney before doing so.  Always assume you are on video, so be as polite and even-keeled as possible.

You may still be arrested on the grounds of slurred speech, alcohol smell, or bloodshot eyes.  Once arrested, you will likely be asked to take a blood or breath test to establish BAC.  If you do refuse, you are subject to a license suspension.  However, if you fail the test, you are also subject to a license suspension.  In either case, a lawyer can help you fight this.

The officer may obtain a warrant to compel you to take the test, but this takes time.

Always remain silent during questioning, and contact an attorney at the first chance you get.

Should I fight my DWI?

Yes, you should never plead guilty or give up when charged with a DWI.  Whether it's your first or third DWI, fighting it will almost always yield a better outcome for you.

General Legal, Jail, and Court Procedures


What do I do if I'm arrested and put in jail?

Once someone has been arrested, placed into custody, and charged with a criminal offense, they typically will have to post bail by. paying the full amount or by paying a bondsman to get them out.  In some cases, you may be able to be released without bond or with an unsecured bond.

The best thing to do if arrested is to contact a lawyer at first chance possible.  Do not give any details of what occurred, as these can be used against you later.  Simply tell your lawyer what you were charged with, and follow their instructions.

What rights do I have when police question me?

First off, you should never resist arrest.  Resisting arrest can lead to more charges.  You should comply with their orders and provide identification if asked.

When questioned about anything related to a crime, simply state that you are not comfortable discussing until you have an attorney present.

Many police offers will attempt to make you seem guilty or try and convince you to speak before consulting an attorney.  Remember that anything you say can be used against you later on, so it's best to wait until you have an attorney present.

Do police have to read me my Miranda rights? What if they did not?

Police do not have to read you your Miranda rights in order to detain you, arrest you, or charge you with a crime.

However, police are required to read you Miranda rights before questioning you.  These rights include:

  1. The right to remain silent
  2. The right to have an attorney present during questioning, and if you can't afford one, to have a court-appointed defense attorney
  3. Anything you say can be used against you in a court of law

Whether you were read your rights or not, it is best to speak with a lawyer who is knowledgable about your rights, and to always have a lawyer present during any questioning.

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