Posts Tagged ‘Texas DWI Defense Attorney’

Texas DWI Defense Attorney Says State Testing New DWI Blood Test Warrant System

Sunday, April 30th, 2017

If you have experienced a DWI traffic stop in Texas before, you may have a different experience the next time that you get pulled over. The state of Texas is currently testing a new system that could make it quicker for law enforcement officers to obtain blood draw warrants. The testing is taking place in Leander and Liberty Hill. The technology lets officers in the field send DWI blood search warrants directly to a judge, which reduces the amount of time that passes between the traffic stop and the blood draw.

With the traffic stop procedures that are in place right now, a DWI stop in some locations can take between four and six hours from start to finish. The current method also involves locating a judge and meeting with them in person to obtain their signature on the search warrant. Depending upon where the traffic stop occurs, it may also involve placing the suspect in jail for some time, as well as transporting them to a hospital for a blood alcohol test.

If the testing goes well and the state decides to adopt the new system, officers will be able to get more accurate blood alcohol test results because the sample will get taken closer to the time of driving. DWI suspects will benefit because they will be detained for far less time unless, of course, their test results reveal a blood-alcohol level over the legal limit.

Some DWI defense attorneys are concerned that the new system may not give defendants enough protection. For example, electronic documents do not enable a judge to look at the warrant with the officer right there next to them and available to answer questions that the judge may have. There is also the possibility that judges may be quick to approve electronic warrants and not give them a thorough read-through before indicating their approval.

Whether the new blood test warrant technology gets implemented or not, the strategies for getting through a traffic stop with the least amount of damage remain the same. Be as calm and respectful as you can. Say as little as possible while complying with the officer’s reasonable requests for information like your registration, license, and proof of car insurance. Remember that it is possible to be polite and respectful while declining to answer questions regarding where you were and what you did – you can just say that you want to talk to a lawyer. Also, be aware that the officer is looking for any and all evidence that they can use to support the conclusion that they had already arrived at when they decided to pull you over – the conclusion that you are driving under the influence of alcohol. Actions can speak louder than words, so in addition to saying as little as you can, move as little as you can. In other words, do not get out of the car to perform field sobriety tests because even sober people can wobble or falter, especially when they are under pressure.

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

If you are facing Texas DWI charges and you have questions, a Texas DWI Defense Attorney can help you find the information that you’re seeking.  Call Texas DWI Defense Attorney Alex Tyra today at (903) 753-7499 to schedule a consultation or submit an online contact form through our website.

Texas DWI Defense Attorney Talks About No Refusal Periods

Tuesday, March 28th, 2017

If you think that “no refusal” periods are limited to holiday weekends, it’s time that you take another look at Texas DWI policy, including the provisions for “no refusal” periods. Some areas have lengthy “no refusal” periods in March, not because St. Patrick’s Day celebrations last for weeks, but because other events like Spring Break and the South by Southwest music festival bring people from all kinds of places to Texas to have a good time. It is true that many “no refusal” periods cover holiday weekends like the Super Bowl and the Fourth of July, but there are some longer periods as well, such as the current one that lasts for a significant part of the month of March, that motorists should know about.

While the length of specific “no refusal” periods varies from place to place, the timing of patrols is often predictable. In many locations, patrols operate between the hours of nine in the evening and five in the morning. If a driver gets pulled over and asked to submit to roadside blood or breath testing at any time during a “no refusal” period, the officer who pulled them over may apply for a blood search warrant if they do not voluntarily participate in roadside testing.

Law enforcement officials say that they would rather see people plan ahead and arrange for safe transportation than arrest many drivers whom they suspect of driving while intoxicated. There are often multiple options for safe transportation available, including some transportation options that may be available specifically for attendees of individual events, like Spring Break or music festival shuttle services. Ride sharing services are also popular right now, and there may be many options to choose from in your local area. Whenever you and your friends make plans to go to an event, why not spend a little extra time making sure that you know how you will get around before, during, and after the event. Taking the time to arrange safe transportation for yourself and your friends can go a long way towards avoiding DWI charges and, even more importantly, reduce the risk of harm to yourself and others.

Whether you are visiting Texas or you are an experienced Texas driver who does not know the penalties for a Texas DWI, please know that a first offense DWI can carry a fine of up to two thousand dollars. It can also get you a sentence of three to one hundred and eighty days in jail in addition to license suspension. If you get convicted of a second DWI offense, you could be fined up to two thousand dollars and spend between one month and one year in jail in addition to license suspension. The penalties continue to increase for each subsequent offense, and of aggravating factors like a crash or a child passenger are present, additional penalties may be imposed.

Texas DWI Defense Attorney Alex Tyra – Helping Drivers Who Have Been Charged With DWI

If you are currently facing DWI charges in Texas, you may have a few questions on your mind. Call experienced Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or fill out our online contact form to learn more about how we might be able to help you.

Texas DWI Defense Attorney Discusses DWI with Additional Charges

Thursday, January 19th, 2017

Sometimes, DWI is the only charge that results from a traffic stop or a motorist’s encounter with law enforcement. DWI is a serious charge with harsh consequences, and a driver who is charged with DWI has a tough road ahead of them to navigate. Unfortunately, some drivers end up getting charged with additional crimes along with their DWI charges.

Recently, a Texas driver got charged with fleeing from a police officer and resisting arrest, search, and transport, in addition to DWI after he failed to stop for the law enforcement officers who tried to pull him over. The police had to use their vehicles to prevent the driver from escaping. Once he exited his vehicle, the driver refused to cooperate with the officers, disregarding what they asked him to do and even attempting to walk away from the scene. When the officers tried to arrest him, he resisted. He even resisted getting into the police car, even after the officers Tasered him to get him to comply.

Fleeing a police officer and resisting arrest are just a few of the types of charges that can easily end up getting added to a DWI charge. Depending on the driver’s behavior and circumstances, they might also be charged with driving with a suspended license, DWI with a child passenger, assaulting police officers or having drugs in their possession. Most people know that a DWI will have a far-reaching set of consequences for a driver who is convicted of that offense. Incarceration, fines, license suspension, potential loss of job security, possible loss of housing, and the possible loss of other freedoms and resources can have a devastating combined impact on. When additional charges are added on to a DWI, they may increase the amount of fines, incarceration, and other penalties and they can also have consequences that reach even farther into the individual’s life, affecting their home and family life, their career, and other things that are important to them.

Texas DWI Defense Attorney Alex Tyra – Providing Strong Defense Against DWI and Related Charges

All Texas DWI defendants benefit from the assistance of experienced DWI defense counsel. Since there is even more at stake for individuals who are facing other charges in addition to their DWI, people have an even greater need for assistance from attorneys who are skilled at looking at all of the facts of a defendant’s situation and formulating a strong defense strategy. In Texas, DWI and criminal cases proceed through various stages, and a skilled DWI defense attorney can help you know what you can expect at every step of the way. Your attorney can also help you find answers to the many questions that are sure to arise over the course of your case. If you have been charged with DWI, whether with or without additional charges, it is time for you to take the important action step of protecting your rights today.  Call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or contact us via our convenient online contact form.

Texas DWI Defense Attorney Talks About DWI Penalties

Thursday, December 1st, 2016

Did you know that the penalties for DWI in Texas are relatively light compared to those in other states? Did you know that despite what the law says, penalties for DWI in Texas vary from case to case? People in Texas are wondering what the state’s DWI laws really mean, in light of recent repeat-offense DWI cases that have made it apparent that drivers who are arrested for DWI are not always kept off of the road for very long, even after a subsequent offense.

First and second offense DWIs are misdemeanors in Texas. The Texas Penal Code lists fines, jail time, loss of drivers’ license, and increased fees to reinstate the license as penalties for driving while intoxicated. As is the case with any type of crime, not all first offense DWI defendants pay a two thousand dollar fine, not all of them receive a sentence of one hundred and eighty days in jail, not all of those who receive a sentence must serve all of it in jail, and not all of them receive the standard loss of license and increased fees that are listed as possible penalties.

The differences in outcomes in DWI cases is not necessarily a sign that something is wrong with the criminal justice system in Texas. Rather, it illustrates something that is true for all criminal defendants regardless of what crimes they are charged with – every crime is a unique occurrence, and each defendant is a unique individual. Criminal cases are not decided uniformly because they should not be decided uniformly. The facts of each case can be argued by defense counsel in a way that supports an outcome that is appropriate for what actually happened. In other words, DWI defendants and their attorneys do have the ability to affect the outcome of their Texas DWI cases. This is good news for DWI defendants because it means that they can work with a DWI defense attorney to pursue workable outcomes in their DWI cases.

Texas DWI Defense Attorney Alex Tyra – Defending Texas Drivers Against DWI Charges

If you are facing DWI charges, the thought of facing those charges in court on your own might be rather intimidating. It is important that you know that you do not have to face your DWI charges alone and that working with a Texas DWI Defense Attorney can help you work towards the best possible outcome in your DWI case. The consequences of a Texas DWI conviction are serious and a conviction could affect just about every area of your life. Your freedom, your license, your job, your relationships, and your future are all at stake. If you have been charged with driving under the influence of alcohol, take the important first step of protecting your rights today, by calling an experienced Texas DWI Defense Attorney. If you have questions or concerns about DWI in Texas, please call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or contact us via our online contact form.

Texas DWI Defense Attorney Discusses DWI Penalties for Minors

Monday, November 28th, 2016

When you think about a typical situation involving a minor being charged with DWI, you might imagine a teenager who has a driver’s license being caught driving after having a few beers at a party. While situations like that do happen, there are some minors who do not even have their drivers’ license when they get their first DWI. For example, a twelve-year-old is currently under investigation for DWI following a police chase that ended with a crash. Fortunately, the driver’s injuries are not severe, but he will face legal consequences as the result of his actions.

When a law enforcement noticed the young driver weaving in and out of traffic, they believed that the driver was texting and driving. As the officer continued to observe him, the driver crossed the center line, and the officer began to suspect that the driver as intoxicated. The officer tried to stop the vehicle, but the driver did not stop. The driver kept going and hit another car head-on, but the impact was not sufficient to stop the vehicle, and he kept driving. Eventually, the young driver collided with a utility pole and that collision prevented the vehicle from being driven any further.

The minor is now being investigated for DWI, evading police, and failing to stop and render aid after an accident. He is likely to encounter substantial consequences as the result of his actions, especially if he gets convicted of any or all of the three crimes that are under investigation. Under Texas law, anyone who is under twenty-one years of age is a minor. A minor may not drive with any detectable amount of alcohol in their system. The penalty for DWI for a minor depends both on the amount of alcohol in the driver’s system and the number of times that they have been stopped for drinking and driving.

First offenders who are minors could be fined up to five hundred dollars. They receive a sixty-day license suspension; they must attend an alcohol awareness class, and they must do between twenty and forty hours of community service. Penalties increase for second and subsequent offenses.

Minors can also receive an enhanced penalty if they are over seventeen years of age but under twenty-one, and their blood alcohol level is .08 or higher. Under these circumstances, a minor can be fined up to two thousand dollars and have their license suspended for at least ninety days and up to one year. They could also have to spend anywhere from three to one hundred and eighty days in jail.

Texas DWI Defense Attorney Alex Tyra – Defending Minors Who Are Charged With DWI

If you are a minor, a DWI investigation can be incredibly intimidating. The consequences of a potential conviction are serious, and you are probably wondering what you should do. Fortunately, you do not have to face those charges alone. If you are a minor and you have been accused of driving under the influence of alcohol, protect your rights by calling an experienced Texas DWI Defense Attorney today. If you have any questions about DWI in Texas, call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or contact us online.

Texas DWI Defense Attorney Warns Drivers That No Refusal Weekend may be Imminent

Monday, October 10th, 2016

Halloween is on a Monday this year, but that does not mean that there won’t be any fun for adults who have to go to work on Tuesday morning. The weekend before Halloween is likely to be filled with all kinds of fun and festive parties. It could also be filled with traffic stops and a heightened law enforcement presence on the roadways, especially if some areas decide to implement a no refusal weekend.

If you like going to Halloween parties, you may be looking forward to choosing a costume and going out for a weekend of fun. Please be advised that law enforcement officers are well aware that adults enjoy Halloween just as much as kids do, and they will be paying close attention to keeping drunk drivers off of the roads by increasing their patrols. This larger law enforcement presence is likely to lead to more traffic stops, which means that drivers are at a higher risk of being pulled over than they usually are. Since law enforcement officers are basically out hunting for intoxicated drivers this weekend, and they will not hesitate to stop any drivers whom they suspect have been drinking.

In addition to increased patrols, police in some areas may choose to implement a “no refusal weekend” on the weekend before Halloween, as they often do around other holidays throughout the year. If you are new to driving or new to Texas, or you somehow don’t know what a “no refusal weekend” is, it is important that you learn about how traffic stops during these specially designated time periods are different from regular traffic stops. During any “no refusal weekend,” any driver who is suspected of driving under the influence of alcohol must submit to roadside breath or blood testing. Any driver who refuses to submit to testing will be arrested, and a blood sample will be obtained from them while they are in police custody. Ordinarily, refusal of roadside blood or breath testing results in license suspension, not arrest.

Texas DWI Defense Attorney Alex Tyra – Defending Texas Drivers Who Are Charged With DWI

If you are stopped by the police at any point in time, try to prevent your traffic stop from becoming a DWI investigation. You can increase your chance of avoiding an investigation by remaining calm, using a respectful tone of voice, and giving the police officer only as much information as the law requires. If you do end up being taken into custody, invoke your right to remain silent and ask to speak with an attorney right away. A knowledgeable Texas DWI defense attorney can do many things to build a strong case on your behalf, especially if you retain them right away. If you have been accused of driving under the influence of alcohol, contact an experienced Texas DWI Defense Attorney today. If you have any questions about DWI in Texas, call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or contact us online.

Texas DWI Defense Attorney Describes The Important Role of Counsel in DWI Cases

Saturday, September 3rd, 2016

Now that you face DWI charges, you may feel like you are in an unfamiliar landscape. Before your DWI, you were not likely thinking about how you would defend yourself against DWI charges. After all, there was no need to think about that – until now. Now that you are facing DWI charges, you are probably deeply concerned about how you will defend yourself against them. If you do not remember anything else right now, know that you do not have to defend yourself against DWI charges. There are attorneys who work hard every day to help clients like you fight back against DWI charges.

Now that you know that there are attorneys who can help you fight your DWI charges take the next step and choose a DWI defense attorney right away. Do not attempt to save time and or money by representing yourself, because there is so much at stake in your DWI case. Hire a DWI defense attorney right away and give yourself a fighting chance at keeping the financial and personal costs of your DWI to a minimum.

You may wonder what you get when you retain a DWI defense attorney, and that’s a good thing. It is important for you to know what you are buying when you retain legal counsel. Speak with your attorney and get a handle on what they can and cannot do for you throughout your case. Rest assured that your attorney can help you in many ways, like helping you to understand the charges against you, as well as the potential consequences of a conviction. Your attorney will speak to you about the details of your case because much of their work involves using what they know about the law and about the facts of your case to determine what kinds of defense strategies may be available to you. Another part of the work of a DWI defense attorney is helping their clients understand their options for resolving their DWI cases and how each possible option could impact their lives.

While some DWI defendants may feel as though they do not need to go out and select an attorney because they qualify for the services that are offered by public defenders, it is essential that all DWI defendants understand the difference between using a public defender for a DWI case and using private counsel. Public defenders are attorneys who are paid by the state to provide legal assistance to people who meet certain economic criteria. Private counsel is an attorney that the defendant has selected and retained at his or her own expense. All attorneys do their best to represent the interests of their clients, but unfortunately, public defenders have less control over how many cases they handle at any given time than private counsel do, so they may have little time to work on each of their cases. Also, in Texas there is another distinction between the public defender and private counsel – public defenders in Texas do not participate in the administrative license suspension process. Drivers who are charged with DWI must request an ALR hearing if they wish to avoid license suspension and only private counsel can handle those requests and hearings.

Texas DWI Defense Attorney Alex Tyra – Strong Defense for Texas Drivers Charged With DWI

Texas DWI Defense Attorney Alex Tyra works hard for Texas DWI defendants. Could he help you, too? Please call our office today, at (903) 753-7499, or contact us online.

 

Texas DWI Defense Attorney Talks About DWI with a Child Passenger

Wednesday, August 17th, 2016

Police recently arrested a pregnant woman whom they suspect was driving under the influence of alcohol. The early morning incident occurred near West University Place. An officer responded to a call to assist a disabled vehicle, and when the officer arrived he found a woman behind the wheel of the car and two children in the back seat. The officer noticed that the woman smelled of alcohol and was slurring her speech. The woman admitted to drinking alcohol before driving her vehicle, and she also told the officer that she is six months pregnant.

Texas drivers should be aware that DWI with a child passenger is a different offense than DWI without a child passenger. It is a state jail felony in Texas to drive while you are intoxicated, and there are one or more passengers in your vehicle who are under fifteen years of age. Individuals convicted of DWI with a child passenger could face between one hundred and eighty days and two years in state jail. The can also be fined up to ten thousand dollars. They could also lose eligibility for certain types of government assistance, voting rights, ability to run for public office, and gun ownership and possession rights. They could even face disqualification from certain professions.

Unfortunately, the aforementioned consequences are only some of the ways that DWI with a child passenger could affect your life. Perhaps the most painful consequences that come with a DWI with a child passenger are those which affect the driver’s family life. When a driver is charged with DWI with a child passenger, the Texas Department of Family and Protective Services may remove the child or children from the driver’s custody. They may also pursue a child endangerment case against the driver. Losing custody of your children to the Department of Family and Protective Services, even temporarily, can be scary and devastating, even if your kids can be placed in the care of family or friends for the duration of you custody case. Parents and children suffer greatly both during and after child custody cases, and it can be a long and complicated process to navigate before everyone is back together under one roof, if the family can work through the process successfully.

Texas DWI Defense Attorney Alex Tyra – Support for Texas Drivers Facing DWI Charges

If you are charged with DWI with a child passenger, you are likely to be concerned about your family’s future as well as any consequences that you may have to endure. Your Texas DWI defense attorney can do many things to build a strong case on your behalf, especially if you contact them early on in your case. If you are accused of driving under the influence of alcohol, either with or without a child passenger, give yourself the best chance at a positive outcome in your case by contacting a knowledgeable Texas DWI Defense Attorney right away. Call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or you may contact us online through our convenient online contact form.

Texas DWI Defense Attorney Suggests Drivers be Cautious During Traffic Stops

Sunday, July 10th, 2016

A recent investigation involving a former Houston police officer serves as a reminder to drivers to use caution during traffic stops. During traffic stops, well-meaning drivers often provide law enforcement officers with much more information than the law requires. Sometimes this happens because of a mistaken belief that providing more information would clearly show the officer that they were innocent. At other times, anxiety or other factors cause drivers to spill the beans by volunteering all kinds of information and even stepping out of their vehicles for field sobriety tests.

The former officer who is currently under investigation failed to use his dashboard camera to record a traffic stop during which he claims the driver failed a field sobriety test and refused to provide a sample for a blood test. The investigation revealed that there was, in fact, dash-cam footage and the footage shows that the driver didn’t “fail to signal a lane change” as the former officer had claimed. Furthermore, the defendant’s blood alcohol level, as revealed by a test, was below the legal limit. Unfortunately, during the time that it took to investigate the case against the officer and exonerate the driver using police records, the driver’s license was suspended because the now former officer had claimed that she refused to submit to a blood test. She even had to buy an ignition interlock device and submit to random drug and alcohol testing. As if that were not bad enough, the aforementioned driver is not the only driver for whom the validity of their arrest is questionable.

Whether the dashboard camera is running or not, it is a good idea to know ahead of time what you can do to get through a traffic stop giving as little information to the police as you can. For example, you do not have to participate in field sobriety tests, and in fact, you are wise not to. One reason why it is best not to participate in field sobriety testing is that the test results cone from observations, which are subjective. Also, it is possible for sober people to fail the tests due to nerves, uncomfortable shoes, or some other things.

Engaging in a field sobriety test or providing more information than you are required by law to provide will not help you prove your sobriety. In fact, any additional information that you provide could very well be used against you later on. The list of unnecessary information includes providing information about where you are driving to and from and what you have been doing.

If you were arrested for DWI in Texas, there is a lot at stake. During these difficult times, you need the guidance of an experienced DWI defense attorney. To learn more about how we can defend you against your Texas DWI charges, schedule a free consultation with East Texas DWI Defense Attorney Alex Tyra today. Call our office at (903) 753-7499, or visit our website to submit an online contact form.

Texas DWI Defense Attorney Offers Holiday Weekend Tips for Avoiding DWI and BWI

Sunday, May 15th, 2016

Summer is almost officially here, and if you are like many Texans, you are looking forward to enjoying some fun times with friends and family this Memorial Day Weekend. No matter what type of excitement you have planned, you can take some steps to ensure that you and the people that you will be spending time with this weekend stay safe and avoid DWI and BWI charges.

One important thing that all people would be wise to remember is that Memorial Day weekend is a no-refusal weekend in many parts of the state. This weekend, law enforcement officers will take to the streets in large numbers in search of impaired drivers from approximately six in the evening on Friday until early Tuesday morning. If you are driving a vehicle and you get stopped by an officer who suspects that you are driving while intoxicated, you may choose whether to submit to roadside breath testing. If you refuse to participate in the breath test, the officer can then get a search warrant that enables them to take a blood sample over your objection.

The roads are not the only place where no refusal weekends are in effect. The Texas Department of Public Safety is well aware that many accidents that cause injuries and death occur on or near motorized watercraft during the summer months. It is also common knowledge that many of those injuries and deaths involve boaters who are intoxicated. For these reasons, patrols will be located on and near some of the popular spots for water recreation throughout the state this weekend. Game wardens also use holiday weekends to look for boating safety issues, so be sure to avoid attracting unnecessary attention to your watercraft by operating it in a safe and responsible manner.

Planning ahead for a safe ride home after a party or another event is a great way to avoid getting a DWI during the upcoming holiday weekend. If the party is at your place, there are additional things that you can do to help your guests make responsible choices and avoid drinking and driving. Encouraging guests to select a designated driver is a tried and true strategy for making sure that everyone gets home safely. Some people don’t drink alcohol, but they still enjoy going to parties, so finding a designated driver is not always as hard as one might think it would be. Paying for taxi fares is another alternative. Having plenty of delicious food, nonalcoholic beverages, and fresh, cold water available can help your guests balance out their alcohol intake. The aforementioned tried and true strategies for preventing drunk driving work, and there are some suggestions are even more fun and creative, such as offering tents, bedding, and other amenities to guests who are interested in camping overnight instead of driving home after the party. Checking in with guests as they are leaving and helping them to find an alternative way home if they seem intoxicated is a thoughtful gesture that will help your guests stay safe and avoid the financial and other life altering impacts of a DWI conviction.

Texas DWI Defense Attorney Alex Tyra – Experienced Support for DWI Defendants

If you are facing DWI charges, experienced Texas DWI Defense Attorney Alex Tyra may be able to help you resolve your DWI case. To learn more, call (903) 753-7499.