Posts Tagged ‘Texas DWI Defense Attorney’

Texas DWI Defense Attorney Reminds Drivers to Watch Out for No Refusal Periods

Monday, October 2nd, 2017

Austin police report that their ‘No Refusal’ DWI enforcement program is helping them obtain better evidence and make stronger cases against drunk and drugged drivers. Despite that apparent success, there are no numerical data available to tell us whether fewer people are driving under the influence of drugs or alcohol and whether there has been a decrease in the amount of fatal drug or alcohol-related crashes as the result of the no-refusal program.

You might not be aware that the overall number of DWI arrests in Austin has not increased since the no-refusal program got implemented. The Austin Police Department arrest between five and a half thousand and six thousand drivers each year on suspicion of DWI and the number remains consistent even as the no-refusal program continues to expand into time periods that do not happen near holidays.

Whether the no-refusal program is effective in preventing impaired driving or not, it is still something that drivers should be aware of.  In previous years, Halloween has been a time when police in Austin and elsewhere in the state have conducted no-refusal periods. Although Halloween falls on a Tuesday this year, there are always plenty of parties during the weekend before the holiday. Law enforcement officials know that this is sure to be a fun-filled weekend for both children and adults, and in selected areas, they may even be conducting a no-refusal period during that time.

Whether or not your plans for Halloween take you to an area where no-refusal will be in effect, be aware that law enforcement officers will be working to keep drunk and drugged drivers off the streets by increasing their patrols. A bigger law enforcement presence on the streets means that you are at a higher risk of being pulled over than you usually are.

If your plans this weekend take you to an area where no-refusal is in effect, know that law enforcement officers will arrest any driver who refuses to submit to roadside blood or breath testing. After the arrest, a blood sample will be taken from them while they are in police custody.

Texas DWI Defense Attorney Alex Tyra – A Powerful Ally Against Texas DWI Charges

If you get stopped by the police, you might be able to prevent your traffic stop from turning into a DWI investigation. Remain calm, speak respectfully, and give the police officer only as much information as the law requires. If you do get arrested, protect yourself by using your right to remain silent. Ask to speak with an attorney right away. An experienced Texas DWI defense attorney can build a strong case on your behalf, especially if you retain them immediately. If you get charged with DWI because you are suspected of driving under the influence of drugs or 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 on our website through our online contact form.

 

Texas DWI Defense Attorney Talks About What Defense Attorneys Do

Saturday, September 2nd, 2017

Did you get caught up in a DWI arrest this past weekend in Austin? If so, it’s time for you to learn more about what a Texas DWI Defense Attorney can do for you. The police in the Austin area have expanded their No Refusal DWI initiative, which means that more and more drivers are being stopped, investigated, and sometimes even arrested for DWI. If you are one of those drivers, there is a lot at stake, but there is also something that you can do to give yourself a chance at the best possible outcome in your Texas DWI case.

The “no refusal” initiative allows police to forcefully draw blood from drivers who refuse to voluntarily participate in blood or breath testing by obtaining bench warrants from on-duty magistrate judges. In many areas in Texas, “no refusal” periods take place on a few selected holiday weekends each year. The Austin Police Department declared an every weekend No Refusal DWI initiative starting January 6, 2017, through September 2017, from 10 p.m. to 5 a.m. every Friday and Saturday night through Sunday morning.

Any driver who gets arrested for DWI can benefit from the services of a Texas DWI defense attorney. Your DWI defense attorney can help you understand the charges that you are facing. They can also tell you how a conviction could affect various areas of your life. When you make an appointment to talk with a DWI defense attorney, they will want you to tell them about your DWI arrest.  When an attorney asks you to tell them about your arrest, they are listening for specific details about your arrest that can help them formulate a plan for your defense, should you decide to have them represent you.

It’s possible that your income will qualify you for the services of a public defender. However, it is important that you understand the difference between retaining private counsel for your DWI case and working with one of the state’s public defenders. A public defender is an attorney who is employed by the state.  In contrast, private counsel is an attorney that you select and pay for on your own. All attorneys are licensed professionals and each attorney advocates on behalf of their clients. The main distinction between a public defender and a private attorney is that in Texas, public defenders don’t take part in the administrative license suspension (ALR) process. Any driver who gets charged with DWI must request an ALR hearing to avoid license suspension. Only private counsel may handle those requests and the ALR hearings.

Texas Criminal Defense Attorney Alex Tyra – Standing Up for Texas Defendants

The penalties for DWI can have far-reaching effects on many areas of your life. From transportation to your job to being able to provide transportation to others in your family, qualifying for public benefits, applying for jobs, and finding a place to live, a DWI can require a lot of adjustments to your daily life. Fortunately, a Texas DWI defense attorney can give you the best chance of obtaining a result in your DWI case that will intrude upon your life as little as is possible under your unique circumstances. To learn more about Texas DWI defense, call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499. You can also connect with us through our online contact form.

Texas DWI Defense Attorney Discusses Intoxication Manslaughter Verdict

Sunday, July 2nd, 2017

One potential outcome that can result from driving while intoxicated is getting charged with intoxication manslaughter. No one who drinks and drives expects to get into a wreck while they are driving, and they do not intend to kill anyone. Unfortunately, alcohol use increases accident risk, which not only endangers the safety of the driver who has been drinking but also increases the chance that they will get in an accident and hurt or kill other people.

A man just got sentenced to fifteen years in prison in connection with the deaths of two people. The man got sentenced to fifteen years for each of the two people who died in the crash, but the judge ruled that the sentences will run concurrently. The man is also required to pay a five thousand dollar fine.

The fatal wreck happened in 2015.  The crash occurred as the man was speeding down a road and went over some railroad tracks, which sent his car flying through the air. The car landed on top of a motorcycle, killing a man and his wife.

The families of both the driver and the couple who died in the crash were present in the courtroom for the emotional conclusion to the man’s intoxication manslaughter trial. Members of the man’s family attended the hearing to show their love and support for him. People from the family of the deceased couple attended the hearing to try and gain closure for the untimely loss of two people who they loved very much.

When a person is charged with any DWI crime, including and especially intoxication manslaughter, they need strong support as they face their charges. A DWI and any related offenses that go along with it can significantly alter the course of a person’s life, as the case mentioned above illustrates. An experienced DWI defense attorney can help you understand the nature of the charges against you, including the possible penalties, and they can develop a defense strategy that takes all of your circumstances into account. For example, in the case discussed above, a significant portion of the defendant’s defense strategy involved educating the judge and jury about the defendant’s mental state. The man suffers from a mental disability that affects his learning ability and his overall level of functioning. The defense attorney also expressed his client’s deep remorse for what had happened and extended condolences to the victims’ family on behalf of his client.

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

If you face DWI charges or other charges that are related to a DWI, it is essential that you get help from a Texas DWI defense attorney. A knowledgeable defense attorney can help you understand the charges and the potential effects of your DWI case on each area your life.  You can plan for an initial consultation with Texas DWI Defense Attorney Alex Tyra today, by calling our office at (903) 753-7499. Alternatively, you can arrange an initial consultation with us through the online contact form on our website.

Texas DWI Defense Attorney Reports Expansion of Record Sealing Legislation Possible

Friday, May 5th, 2017

The Texas Senate recently approved legislation that would allow individuals who are convicted of single-offense, nonviolent misdemeanors to have a “second chance” by asking a court to seal their criminal records. The bill, House Bill 3016, returned to the House so that the House may consider some changes proposed by the Senate.

If House Bill 3016 passes, it applies retroactively, to any person who ever got convicted of any single-offense nonviolent misdemeanor. Sealed records are just that, records that are hidden from public view. When a person’s record gets sealed, doors are open to them that would have remained closed while their offense was publicly visible on their criminal record. Sealed records are visible to police, and to others who are involved in sensitive industries like education and banking. This legislation is important for Texans because criminal convictions hold people back in many areas of their lives, limiting employment opportunities, housing options, and more. If the legislation passes, it will clear the way for many people who made one-off mistakes to move forward in areas of their lives where the consequences of those mistakes have been holding them back.

The “second-chance” provisions of House Bill 3016 apply to class C misdemeanors, and to DWI convictions where the driver’s blood alcohol level was under 0.15. If the bill becomes law, qualifying DWI defendants could ask a court for an order of nondisclosure after only six months of compliant usage of an ignition interlock device. Alternatively, an order of nondisclosure would be available to qualifying defendants after five years has passed since the time that they completed whatever sentence they got for their DWI. The opportunity for record sealing is not available to defendants that get convicted of crimes that the judge has determined to be sexual or violent in nature, even if it is their first offense. House Bill 3016 is not unique in its purpose. It is designed to build on to legislation that got passed in 2015, which applies to Class A and Class B misdemeanors that are nonsexual in nature and which do not involve family violence.

Texas DWI Defense Attorney Alex Tyra – Standing Up for the Rights of Texans Accused of Driving While Intoxicated

If House Bill 3016 passes, it could help you recover from the adverse effects that your DWI conviction has had on your life. If you face DWI charges in Texas, the best thing that you can do is get help from a Texas DWI defense attorney. Your attorney can help you find the answers to the questions that you have about how to proceed with your case, how to minimize the impact of your DWI case on your life, and help you find any other information that you seek.  Arrange for a consultation with Texas DWI Defense Attorney Alex Tyra today, by calling or office at (903) 753-7499. Alternatively, you can set up an initial consultation by submitting an online contact form through our website.

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.