The Law Office of Matthew K. Simcox - Criminal Defense, DWI and DUI

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DWI/DUI

In Texas, DWI is a very politically charged offense. Those accused of committing DWI are not often cut any breaks. That’s why you need an experienced DWI defense lawyer.

After arrest, you are typically offered an opportunity to provide a blood and/or breath sample to determine your alcohol/drug concentration. Failure to submit will get you a driver’s license suspension. Submitting, but having alcohol greater than .08% will get you a driver’s license suspension. After the arrest, you have 15 days to challenge an ALR (that’s Administrative License Revocation). If after 15 days you have not requested a hearing, the suspension will go into effect on the 40th day after your arrest. That’s why you need an experienced DWI defense lawyer.

At one time, not too long ago, there was something called a 10-year rule. It stated that DWI convictions older than ten years could not be used to enhance a new DWI to a higher level of offense. That rule has been abolished. So now, for example if you had a DWI in 1974 you could be charged with a DWI 2nd in 2009. That’s one reason why taking a conviction for DWI is so damaging. That’s why you need an experienced DWI defense lawyer.

Also, for just about every crime on the books, the State has allowed for something called Deferred Adjudication. Deferred Adjudication is a special type of probation that does not come with a conviction if you successfully complete it. DWI is an exception. There is no such thing as deferred adjudication in a DWI case. If you plead, you will be convicted and get either jail time, regular probation, a fine, or a combination of the above. Conviction is final, and there is no expungement or non-disclosure available in such a circumstance. That’s why you need an experienced DWI defense lawyer.

A DWI conviction can be a very expensive burden on a person and his family. Convictions have cost people their jobs in some cases. If you are sentenced to jail time, you could lose government benefits or lose wages because you can’t work. If given probation there will be probation fees (that you have to pay for), classes you must attend (that you have to pay for), periodic drug testing (that you have to pay for), license reinstatement fees (that you have to pay for), DPS surcharges to keep your driver's license (about $1000 each year for three years), perhaps an ignition interlock device on your vehicle to keep you from starting the car if alcohol is on your breath (that you have to pay for), and perhaps other expenses. You should do everything in your power to avoid these things as much as possible. That’s why you need an experienced DWI defense lawyer.

Matthew Simcox is an experienced DWI defense lawyer. He loves to be in the courtroom fighting for truth and justice. He’s not afraid to go toe-to-toe with the best the State has to offer. Call today for an initial consultation.

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DISCLAIMER: This site is intended solely to be informational, and is not to be construed to convey legal advice. For legal advice you are encouraged to see a licensed attorney.