Longview Criminal Defense Attorney Discusses the Job-Related Consequences of Criminal Convictions

August 5th, 2022

It is common knowledge that a criminal record can significantly impact your ability to gain employment. Tragically, many people do not understand that having one or more criminal convictions on their criminal record has far-reaching consequences far beyond jail time, fines, court fees, and a damaged reputation. In fact, criminal convictions can affect every aspect of a person’s life for years after the criminal conviction.

Ordinarily, when people commit crimes, and they have paid their penalties and learned from their mistakes, they choose to live their lives as upstanding citizens. Many people live their lives without breaking the law. Unfortunately, the effects of a criminal conviction will follow a person well into the future, ruining everything that they have worked hard to accomplish.

By way of example, a man who finished law school and was later arrested for a crime could be denied practicing law. The man, who has invested years and tens of thousands of dollars in his education and did not commit any other crime, could be denied a law license. Moreover, the law school graduate may be denied entry into his state bar association. Although the law school graduate has paid for his crime, the conviction could prevent him from fulfilling his dream to be a lawyer since obtaining a law license may be permanently denied. No amount of good behavior can change what he has done. It is possible that the law school student could pursue getting licensed through the legal system, it is unlikely that he would be permitted to obtain a law license. 

Unfortunately, there are many professional licenses that are denied or revoked when the license holder is convicted of a crime. One mistake can cost a person hundreds of thousands of dollars in past, present, and future income. Under Texas law, there are about two hundred Texas laws related to employment that bar people from certain types of work following a criminal conviction. Tragically, these laws don’t provide rehabilitation options for convicts to be reinstated. Simply put, a crime is a permanent barrier to several types of employment in the State of Texas. 

If you have been arrested for any crime, call Longview Criminal Defense Attorney Alex Tyra without delay. Attorney Alex Tyra works hard to defend the accused. If your criminal record prevents you from pursuing the work that you want to do, a Longview Criminal Defense Attorney might be able to help you. Call Attorney Alex Tyra, at (903) 753-7499, or contact us through our website by using our online contact form.

How Prescription Drugs May Affect Your Texas DWI Case

July 29th, 2022

Millions of people throughout Texas are prescribed daily medication for the treatment of 1,000s of ailments. In some cases, patients have been prescribed medications that contain narcotic medication to treat pain. Of course, most people take their medications as directed by their doctors. When patients follow their doctor’s directions and take the medications as prescribed, they know that they are doing the right thing for their health. Tragically, most people do not understand that they could be committing the crime of driving while intoxicated while driving while “on” their medicine. This is especially true when the driver is taking Schedule I or Schedule II controlled substances, which are these regulated by law. These medications may include Adderall, Ambien, Ritalin, Percocet, Klonopin, and codeine. These medications are classified as Schedule I or Schedule II drugs.

In Texas, a patient taking a controlled substance for medicinal purposes can be criminally charged with DWI. In Texas, taking a Schedule I or II drug or any mind-altering drug is driving under the influence. Pain medications are some of the most commonly incriminated medications in prescription drug DWI cases. Other drugs that could lead to a DWI include sleeping pills, anti-seizure medications, antidepressants, and anti-anxiety medications. A driver who has been caught having one or more of these substances in their system at the time of their arrest may be subject to severe DWI punishments if they have been driving.

Any Texas motorist who drives while taking prescription medications and have been charged with a DWI must contact our Texas DWI Defense Attorney as soon as possible to protect their legal rights. Should you or a loved one be charged with a prescription drug-related DWI, an experienced attorney may be able to present evidence that you were taking a Schedule I or Schedule II medication as prescribed to you by your physician. Drivers should understand that a valid prescription, on its own, won’t always lead to a successful DWI defense. A prescription drug-related DWI defense requires providing evidence that your medication, at the dosage prescribed, does not impair your ability to operate your motor vehicle safely. This is because, unlike the well-known .08 BAC standard for alcohol, the Texas Penal Code does not specify levels of prescription drugs that would indicate impairment if they were present in a blood sample.

Texas DWI Defense Lawyer Alex Tyra – Protecting the Rights of Texas DWI Defendants

All Texas DWI cases are different, and each DWI defendant deserves to have a legal professional who works hard and pursues a carefully crafted DWI defense strategy. Texas DWI Defense Attorney Alex Tyra has helped DWI defendants in many different types of circumstances. If you have questions about your DWI, call us today, at (903) 753-7499.

Texas DWI Laws Are Serious and Severe

June 29th, 2022

Many Texans travel all over the country to enjoy the wonderful sights and beauty of our country. People visit the natural wonders of each state, sightsee popular locations, and eat the unique cuisines of each city. However, most people do not always have the law on their minds. State laws vary from state to state, depending upon the legal issue. Several people make the mistake of not taking into account the laws of other states.

“Don’t Mess With Texas” is a popular phrase for people who live in the state of Texas. Texas DWI laws for public and commercial motorists are very severe. So, it is not smart to “Mess With Texas” DWI laws. Texas is one state where out-of-state drivers should avoid drinking and driving due to the severity of its DWI laws, which seem to increase in severity each year.

When a driver is pulled over due to an officer’s suspicion of DWI, Texas law enforcement officers will perform a routine examination which may include a field sobriety test is performed, a breathalyzer, and a possible urine and blood sample to determine the blood alcohol content (BAC) levels of the driver.

Regardless of the driver’s driving record or age, a driver that is being investigated for DWI can always count on the law to be carried out to its full extent. It is important to avoid driving any vehicle, bicycle, or scooter after consuming alcohol. Drivers should always consider having a designated driver or using ride-sharing services if they decide to drink alcohol or consume drugs.

Contact The Law Office of Alex Tyra, P.C. for your Free Consultation when you need assistance from an experienced DWI Attorney in Texas or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499. All initial consultations are free. Phone calls are answered 24 hours a day, 7 days a week.

Understanding Sexual Assault Criminal Charges in Texas

May 29th, 2022

Sexual assault is a legal term that includes unsolicited sexual contact, rape, certain types of harassment, exploitation by a person of authority, sexual advances toward a child, or molestation. Many different things are involved in sexual abuse criminal cases, and these criminal offenses are very serious. Sexual assault affects both the sex abuse victim and the accused. For many years, the number of sexual assault arrest have been increasing throughout the state of Texas and the United States. These charges range from men attacking women to sexual abuse against children.

Sexual abuse against children is usually brought to light several years after the sex abuse has taken place, which makes these cases harder to pursue by the state. Every sexual abuse claim involves testimonies, and an experience sax abuse defense lawyer can challenge these testimonies to raise doubts about the legitimacy of the claims.

When a sex abuse witness has a shaky testimony, that witness can have several inconsistencies in their story. This is especially true as time goes by and memories grow short. A lot of time, sex assault cases are brought many years after the alleged act. That is why it is so important to question the validity of witnesses.

Tragically, despite how the Defendant’s case turns out, people who are accused of a sex crime can be permanently branded with those criminal charges. That is why you need an attorney to investigate the alleged sexual assault. Never take criminal charges, epsecially sex crimes, lightly.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499. All initial consultations are free. Phone calls are answered 24 hours a day, 7 days a week.

What is a Texas Occupational Driver’s License?

April 13th, 2022

If you have been arrested and charged with a DWI in Texas, you must request a driver’s license administrative hearing as quickly as possible to be able to protect your ability to drive. In Texas, a person loses their driver’s license when they decline blood or breath chemical testing during a DWI investigation or if the driver’s chemical testing shows their blood alcohol concentration is .08 or higher. The law enforcement officer is required to provide you with a Notice of Suspension. This Notice of Suspension is a 40-day temporary driver’s permit. However, driver’s charged with DWI only have 15 days from the date of their charge to request an Administrative License Revocation (ALR) hearing to fight for their driving privileges. Failure to do so will result in the automatic driver’s license suspension on day 40 after the date of the Notice of Suspension.

ALR hearings are very important for several reasons. First, you and your attorney can fight to get your driver’s license back. Also, this helps your DWI attorney to review the evidence against you and properly prepare for the DWI criminal proceeding. At an ALR hearing, your DWI attorney can request certain evidentiary items that will help them understand how the State Attorney will handle the DWI criminal trial.

In Texas, our attorney can help you fight for an occupational license. An occupational license is a restricted driver’s license issued to drivers who had their regular driver’s license suspended or revoked due to certain criminal offenses. An occupational license permits you to operate non-commercial motor vehicles to school, job, or to perform certain household duties such as grocery shopping. There are special requirements that you must meet to obtain an occupational license in Texas, including providing a pink SR-22 certificate of insurance, paying certain fees, and providing a certified copy of the petition.

Should you or a loved one be arrested and charged for DUI/DWI in Texas, you will want to know the answers to common questions.

  • If convicted, what penalties and punishments am I facing? 
  • Can I avoid a jail sentence? 
  • How will a DWI conviction on my record impact my future employment and current job?
  • Will other people find out that I have was arrested for DWI

It is vital that you speak with an experienced East Texas DWI defense attorney immediately for the answers that you can trust to those important questions. Call (903) 753-7499 or e-mail the firm to receive your free initial consultation.

Can You Defend Against Field Sobriety Test Faiures in a Texas DWI Criminal Trial?

April 6th, 2022

Absolutely. However, to beat the State’s case against you, our East Texas DWI Defense Attorney has to attack the validity of the prosecution’s field sobriety tests and other evidence.

When a driver is pulled over and the law enforcement officer begins a DWI investigation against the driver, it is very common for the officer to order the driver to submit to what is called a “Field Sobriety Test.” These tests are performed in front of the police cruiser’s camera and voice recorder and is used as evidence in a DWI criminal case.

However, that evidence could be suppressed weakening the State’s case against you. According to the National Highway Traffic Safety Administration (NHTSA) manuals, if the Field Sobriety Tests were not performed properly by the law enforcement officer, or if performed without following to the training protocols, the validity of those Field Sobriety Tests and subsequent evaluations could be compromised. In other words, our attorneys may be able to persuade the judge to throw out your Field Sobriety Tests. This could help us to either plea down your DWI charge or have your case dismissed all together.

Most Field Sobriety Tests have very low reliability ratings. Meaning, these tests are far from being 100% accurate. Moreover, experienced DWI defense attorneys understand that 98% or more of law enforcement officers conducting these Field Sobriety Tests conduct them in a way not approved by the SFST guidelines. Most officers also grade the evaluations incorrectly. When these tests are performed incorrectly, these evaluations have no predicted reliability.

The latest scientific research of Field Sobriety Test scoring and protocols have put the NHTSA “Standardized Field Sobriety Tests (“SFSTs”) into question. An increasing number of DWI courts are now declaring these tests as invalid.

If you, a friend, or a member of your family has been arrested and charged with DUI/DWI in Texas, speak with our experienced East Texas DWI defense lawyer immediately for the answers to your important questions.

Call (903) 753-7499 or e-mail the firm to schedule your free initial consultation.

Texas’ Implied Consent Laws and Refusing Breathalyzer Tests

March 14th, 2022

If you or a member of your family have been pulled over due to suspicion of driving while under the influence DWI), it is important to know your legal rights. Texas’ DWI laws are intricate and continue to develop. When a law enforcement officer asks you to submit to a roadside breathalyzer test or field sobriety test, you might not know if you are required by law to do so. Here are the facts you should understand concerning your legal rights and whether you can refuse a breathalyzer test in Texas.

The Implied Consent Laws in Texas

Until November 28, 2014, Texas had implied consent laws in place. Under these traffic laws, an individual who has been pulled over for suspicion of driving while intoxicated was obligated to provide a breath sample or blood chemical test if asked to do so. According to those laws, if a driver refused to submit to chemical testing would be forced to comply. However, the Supreme Court ruled on this issue and stated that it is unconstitutional to take a breath or blood sample from a person without a warrant- unless the driver has provided consent. 

What Are the Penalties in Texas for Refusing to Submit to a Breathalyzer, Urine, or Blood Test?

Although the Supreme Court decided that warrants may be required to take a person’s blood, urine, or blood does not preclude legal consequences for refusing to submit to a urine, blood, or breath test. While drivers in Texas may refuse to submit to chemical testing, there are stiff legal repercussions for refusals, including:

  • 180-day driver’s license suspension for a first-time refusal.
  • Two-year driver’s license suspension for a second-time refusal.
  • Two-year driver’s license suspension for a third or subsequent chemical test refusal.

When deciding to refuse a chemical test, one thing to consider is that it may be more difficult for the prosecutor to convict you of a DWI since there will be no breath or blood alcohol content evidence. If you are arrested for DWI, contact our firm at (903) 753-7499 for your free consultation and legal advice. 

Can I avoid a driver’s license suspension?

When a driver refuses to submit to a chemical test and/or field sobriety tests, it’s probable that your driver’s license will be automatically suspended. However, there is a 15-day window in which you may request an administrative hearing to prevent your driver’s license from being suspended. Failure to request a driver’s license hearing within the 15-day period will cause your right to a hearing to be forfeited. You may request the hearing even if you submitted to a breathalyzer and failed. It is important that you retain an attorney as soon as possible and you and your DWI attorney prepare for the driver’s license hearing. 

Contact Our Longview DWI Defense Attorney Immediately

Since you only have fifteen days to request a driver’s license hearing and present your defense, you must seek legal counsel as quickly as possible. To meet with our experienced DWI attorney today, call (903) 753-7499. 

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Texas Field Sobriety Test Laws

March 1st, 2022

Texas is tough on driving while under the influence of drugs and/or alcohol. Every year Texas law enforcement officers arrest nearly 100,000 drivers for DWI. About 70% of those arrests result in convictions. When a driver is pulled over for suspicion of driving while intoxicated, the police officer will examine the driver for signs of impairment. Those signs include an odor of alcohol emanating from the driver, red eyes, slurred speech, delayed reactions, or fumbling.

Should a law enforcement officer assume that a driver is driving while intoxicated, the police officer will typically ask the driver to submit to field sobriety tests. The National Highway Traffic Safety Administration states that three tests comprise the Standardized Field Sobriety Test. Those testing include:

  • the One-leg Stand Field Sobriety Test;
  • the Horizontal Gaze Nystagmus Field Sobriety Test; and 
  • the Walk-and-turn Field Sobriety Test.

Can a Driver Refuse to Take a Field Sobriety Test in Texas?

A law office enforcement might decide to administer field sobriety tests to affirm their belief that the driver is driving while under the influence. The accuracy of confirming intoxication increases when several tests are utilized. It is important to understand that you can refuse to perform field sobriety tests in the state of Texas. In Texas, there are no penalties for refusing to submit to field sobriety tests. However, the police officer may use this refusal to have probable cause to arrest the driver. A jury may also assume that the driver’s refusal is evidence that they were intoxicated.

Also, in lieu of field sobriety testing, the law enforcement officer might ask the driver to provide a specimen of breath or blood to ascertain the driver’s level of intoxication. A driver may refuse chemical testing in the state of Texas, but a driver who refuses to provide a breath or blood test after an arrest for DWI could lose their driver’s license from 90 days (first refusal) to 2 years (all subsequent refuses).

If you or a family member have refused or failed a field sobriety test, and have been arrested and charged with a DWI, contact our experienced DWI attorney to protect your legal rights.

Contact Our Longview DWI Defense Attorney Immediately

Since you only have fifteen days to request a driver’s license hearing and present your defense, you must seek legal counsel as quickly as possible. To meet with our experienced DWI attorney today, call (903) 753-7499. 

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Hit-and-run Criminal Charges in Longview, Texas

February 6th, 2022

The Criminal Penalties for a Hit & Run Criminal Charge in Texas

Motor vehicle accidents are usually a civil matter. However, if a driver causes or is involved in a car wreck and then flees the accident scene, that driver has committed a serious error and will be criminally charged when found and arrested.

The crime of “Leaving the Scene of an Accident” occurs when a driver hits another motor vehicle, a pedestrian, a cyclist, or someone else’s property, then flees the scene by vehicle or by foot. In Texas, drivers who are involved in an accident must provide contact information, exchange insurance details, and check for injuries. Moreover, all drivers involved in a Texas motor vehicle accident legally obligated to stay at the accident scene unless severely injured.

In Texas, a hit-and-run with property or vehicle damage that is under $200 is a Class C Misdemeanor criminal charge. The defendant, if found guilty, will be fined $500.

For hit-and-run accidents causing more than $200 in damage to another’s vehicle or property, the at-fault driver will charged with a Class B Misdemeanor. Class B Misdemeanors are punished with no more than six months in jail and/or fine of up to $2,000.

If the hit-and-run accident involves non-life-threatening injuries, the crime is charged as a felony offense and carries up to five years in prison and/or a fine of up to $5,000. If a hit-and-run accident involves a severe injuries or death, the crime is charged as a third-degree felony. Third-degree felonies in Texas are punished with up to ten years in prison and/or a fine of up to $10,000.

A Few Potential Legal Defenses to Hit-and-run Criminal Charges in Texas, include:

Medical Emergency – The driver was responding to a medical emergency and was heading to the emergency room.

Unaware of the Crash – The hit-and-run driver did not know they were involved in the accident.

Involuntary Intoxication – The hit-and-run driver was drugged without their knowledge and was involuntarily intoxicated while driving.

If you or a member of your family have been charged with “Leaving the Scene of an Accident” with our without injuries or death in Texas, contact The Law Office of Alex Tyra, P.C. at (903) 753-7499 for your free case review with our legal team.

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Defending Against DWI Criminal Charges in Texas

February 3rd, 2022

When someone has been charged with Driving While Intoxicated (DWI) in Texas, the defendant is presumed innocent, and Texas prosecutors have the burden of proving the defendant is guilty beyond a reasonable doubt. The defendant will be acquitted of the DWI criminal charge if the State’s Attorneys fail to meet its burden of proof in the DWI criminal case. An effective DWI defense in Texas protects the defendant’s presumption of innocence while preventing State Attorneys from fulfilling its burden of proof.

What State Attorneys Must Prove in a DWI Criminal Trial

Effective DWI defense strategies involve attacking the prosecution’s case while maintaining the defendant’s presumption of innocence. An individual can be convicted when the prosecution submits admissible evidence that refutes the defendant’s presumption of innocence. For someone in Texas to be found guilty of comitting DWI, the prosecution must persuade a jury that

(1) the defendant operated a vehicle,

(2) in public while either

(3) under the influence of drugs and/or alcohol with a blood alcohol content (BAC) of 0.08 or greater.

The accused will be acquitted of DWI if the prosecution is unable to prove the defendant is guilty of those three elements of a Texas DWI. In Texas, a person cannot be tried for the same crime after they have been acquitted of a crime. 

Top Texas DWI Trial Defenses 

Challenging the Lawfulness of the Traffic Stop 

During the DWI pre-trial stage, your criminal defense lawyer might find evidence that makes contesting the police’s traffic stop in your case. This action is called a Motion to Suppress Evidence. The prosecution has to prove that the law enforcement officer didn’t violate the defendant’s constitutional rights to protect against “unreasonable searches and seizures.” State Attorneys are required to prove the police officer had a specific reason to stop the defendant. The prosecution must also prove that statements made by the did not violate their Miranda warnings, and any of their statements were made voluntarily without coercion. The criminal justice judge will order all evidence, including the video recording of the traffic stop, police observations, booking video, field sobriety test video, portable breath test results, driver statements, breathalyzer tests, or test refusal to rule if law enforcement officers violated the defendant’s constitutional rights. If any or all of the evidence is suppressed, the prosecution may not use suppressed evidence at the DWI criminal trial. This could result in a dismissal of the DWI charges.

Challenging All of the DWI Tests

Another strong defense could include attacking the prosecution’s evidence such as chemical testing, field sobriety tests, the officer’s Horizontal Gaze Nystagmus (HGN) test. Your DWI defense attorney might attack the prosecution’s evidence on the grounds that the testing is not scientifically reliable and shouldn’t be entered into evidence at the DWI trial. The defense may also attack the State’s expert by arguing the State’s expert lacks the training, experience, and knowledge to present a dependable scientific opinion at trial. These attacks will be made a trial. However, it is advantageous to attack the expert at pre-trial. Winning a pre-trial contest concerning scientific evidence helps the defense understand the evidence before trial.

A winning DWI defense strategy explores all potential defenses. Since every DWI criminal case is unique, our experienced DWI defense attorney explores all possible avenues to defend a DWI criminal case.

If you or a member of your family have been charged with DWI in Texas, contact The Law Office of Alex Tyra, P.C. at (903) 753-7499 for your free case review with our legal team.

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499