Posts Tagged ‘Texas DWI Defense Attorney’

How to Exercise Your Miranda Rights

Thursday, March 2nd, 2023

If you are arrested or detained by law enforcement officers in the United States, you have the right to remain silent and the right to an attorney. These rights are commonly known as the Miranda rights, named after the 1966 U.S. Supreme Court case Miranda v. Arizona.

To exercise your Miranda rights, you can follow these steps:

Stay Calm: If you are approached by a police officer or taken into custody, try to remain calm and composed. Do not argue, resist, or try to escape, as this may lead to additional charges or harm to yourself.

Invoke Your Right to Remain Silent: Tell the police officer that you are choosing to remain silent and do not wish to answer any questions. This can be done by saying something like, “I’m invoking my right to remain silent,” or “I don’t want to talk without my lawyer present.”

Request a Lawyer: If you are being questioned by the police, you have the right to an attorney. You can say something like, “I want to speak with a lawyer,” or “I want a lawyer before I say anything else.” Once you request an attorney, the police must stop questioning you until your lawyer is present.

Follow Through on Your Request: Make sure you do not speak to the police or answer any questions until your lawyer is present. You have the right to remain silent and the right to an attorney, and it is important to exercise these rights to protect yourself.

It is important to remember that the Miranda rights apply only when you are in custody and being interrogated by law enforcement officers. If you are not in custody or are not being questioned, the Miranda warning does not apply.

If you or a loved one have been charged with DWI in Texas, the thought of facing those criminal charges in court can be intimidating. However, it is important to understand that you don’t have to face your DWI case alone, and working with our Texas DWI Defense Attorney can help you achieve the best possible outcome. The consequences of a DWI conviction are serious and will affect every area of your life, including your freedom, driver’s license, job, relationships, and future. If you have been charged with DWI, take the crucial first step of protecting your rights and call our experienced Texas DWI Defense Attorney. If you have questions about DWI in Texas, please call DWI Defense Attorney Alex Tyra at (903) 753-7499.

Texas DWI Defense Attorney Says Drinking and Driving is Not Worth It

Monday, January 13th, 2020

 

One of the most common reactions to a DWI arrest is surprise. Many DWI defendants report feeling surprised that they were arrested for DWI because they did not think that they were drunk. It’s possible that you might be as surprised as those unlucky drivers were to learn that the law enforcement officers who patrol Texas roadways are not only looking for drivers who are drunk. They are looking for drivers who have been drinking. You can be arrested for DWI if an officer suspects that you have been drinking, whether you are drunk or not.

In addition to the surprise that accompanies the occurrence of a DWI arrest, many DWI defendants find themselves surprised by how quickly the costs of a DWI arrest add up. You’ll need to post bail, and you’ll have to pay any fees involved in towing and impounding your vehicle. Losing your driver’s license forces you to seek alternative methods of transportation to all of the places that you usually go to, and that often involves paying someone to take you there. There are court costs associated with DWI cases, and you’ll more than likely have to pay attorneys’ fees unless you qualify for the services of a public defender. Even if you do qualify for public defender services, you may choose to retain a private attorney to represent you in your DWI case, which costs money. Additionally, the resolution of your DWI case may include the payment of a fine. Many DWI defendants in Texas report incurring costs of between fifteen and twenty thousand dollars throughout their DWI case.

In addition to the monetary costs of a DWI arrest, the personal cost of drinking and driving is high. Many people have hectic lives, and a DWI arrest can add many tasks and burdens to the list of responsibilities and activities you already have on your plate. Meeting with an attorney and going to court takes time, and it is often time that you would otherwise be at work. You may lose additional work time attending any classes, appointments, and probation that are required as part of the resolution of your DWI case. If you lose your job or if you were in the process of looking for a job when you were arrested for DWI, that DWI may make the jobs you want harder to get. You might also encounter difficulties in applying to college or applying for public or private benefits, programs, and even housing. Your DWI arrest may even place a strain on the relationships that are most important to you.

If you consider the financial and personal costs associated with a DWI arrest, you may conclude that it’s simply not worth it to drive after you have had even one drink. If you are already facing the costs of a DWI arrest, do not let the cost of attorneys’ fees prevent you from aligning yourself with someone who can help you walk through your DWI case in pursuit of the best possible resolution. A Texas DWI defense attorney can help you protect your liberty, your family, your freedom, and other things that are important to you. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.

 

 

Texas DWI Defense Attorney Shares Three Possible Elements of a DWI Defense Strategy

Saturday, November 30th, 2019

The circumstances of each DWI case are unique. However, within each DWI case, there are similarities between that case and other DWI cases that can provide a skilled DWI defense opportunity with opportunities to challenge the State’s case against the defendant. Today, I would like to share three possible areas of your DWI case that your attorney might be able to use to challenge the validity of the State’s case against you.

The first challenge to your DWI charges could come from something that happened even before you were pulled over. The law enforcement officer who stopped you must have had a reasonable suspicion that you were breaking one or more laws. Things like speeding or swerving can contribute to an officer’s reasonable suspicion. Courts tend to accept most officers’ explanations of why they had a reasonable suspicion that a driver was violating one or more laws. Sometimes an officer cannot articulate why they stopped a driver or which law they suspected the driver of breaking, so drivers must be aware of the possibility of a challenge to the traffic stop itself. If a court finds that there was not a reasonable suspicion behind an officer’s decision to pull a driver over, any information or evidence that the officer obtained during that traffic stop is inadmissible and cannot be used in a case against the defendant.

A second opportunity to challenge your DWI charges comes from the officer’s decision to continue the traffic stop for a longer time than they needed to write you a ticket. An officer must have probable cause to believe that you are intoxicated before they continue to keep you stopped on the side of the road to investigate the situation further and possibly arrest you. Things like open alcohol containers, bloodshot eyes, and slurred speech can contribute to probable cause. If a defendant can show that the officer did not have probable cause to continue the traffic stop and make the arrest, a court could decide that the arrest was unlawful. Evidence and charges that result from an illegal arrest can be challenged. If the State has too little evidence to pursue a case against a defendant, the charges against that defendant may be dropped.

Law enforcement officers must make arrests in accordance with all applicable laws, without violating the constitutional rights of the defendant. For example, if the officer who pulled you over did not read you your rights, you can challenge the lawfulness of the arrest. A skilled Texas DWI defense attorney can identify possible challenges to the State’s case against you and build a defense strategy that could reduce the State’s chance of success in its case against you. To learn more about how a Texas DWI Defense Attorney can help you work through your DWI case, call Attorney Alex Tyra today. Call us today at (903) 753-7499, or fill out a convenient online contact form on our website.

Texas DWI Defense Attorney Says Evaluating Truthfulness of Witnesses is Part of a Strong Defense

Tuesday, October 1st, 2019

If you are the defendant in a Texas DWI case, it is critical that you pursue the resolution of your case with the aid of a Texas DWI defense attorney. DWI defense attorneys are skilled in crafting effective strategies that have the potential to prevent the conviction of innocent clients and obtain a fair resolution of cases in which defendants did drive while intoxicated. Texas DWI defense attorneys build defense strategies for their clients based upon their experience in defending others charged with similar crimes as well as the facts of each client’s case.

Witnesses are an essential component of any criminal law matter, and DWI cases are no exception. A skilled defense attorney evaluates the credibility, the reputation for truthfulness, of each witness that the state plans to bring before the court to speak on the prosecution’s behalf. Sometimes, discrediting a witness who has proven to be untruthful in other matters can be critical to a court’s decision to find an innocent defendant not guilty. At the very least, exposing witnesses who are likely to be untruthful demands that the prosecution present truthful witnesses with quality testimony to support their version of what happened.

It is especially critical that defense attorneys examine the quality of police witnesses. Prosecutors often bring law enforcement officers before the court as witnesses in DWI cases. Unfortunately, not all of those officers are honest, and prosecutors do not always examine the conduct and history of the officers they plan to call as witnesses. The result is that some officers whose previous behavior ought to disqualify them from testifying in a DWI matter appear as witnesses.

Sometimes, prosecutors are even able to wrongfully obtain convictions based on the testimony of individuals who should not have been allowed to testify. This is not only wrong, it is unconstitutional. In 1963, the United State’s Supreme Court issued a decision in the case of Brady v. Maryland that requires prosecutors to inform all persons accused of crimes of the existence of any evidence that might aid in their defense. The Brady decision includes, but is not limited to, disclosing information about police witnesses who have been found guilty of misconduct on the job or of lying.

One reason that prosecutors are failing to comply with the requirements of Brady is that they do not track the behavior of the officers they call as witnesses. They also do not question the integrity of those officers before putting them on the witness stand.  The problem doesn’t just exist in Texas; it is an issue of national concern – over three hundred prosecutors’ offices in cities large and small do not keep lists of dishonest officers. In places where such lists are kept, they are often not accessible to the public so their compliance with the requirements of Brady or the lack thereof cannot be known. It is critical that the public pressure prosecutors to maintain and make available “Brady” lists. Failure to keep to those lists and disclose them can prevent defense attorneys from being able to access information about witnesses that could aid them in preparing the best possible defense for their clients, which is not only wrong but also unconstitutional.

A Texas DWI Defense Attorney can help you navigate your Texas DWI case. Call Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

Texas DWI Defense Attorney Talks About Teens, Young Adults, and DWI

Sunday, September 1st, 2019

DWI defendants of all ages face harsh penalties and consequences that affect their lives presently as well as into the future. Teens, young adults, and their parents, must familiarize themselves with the range of penalties that exists for Texas drivers between the ages of seventeen and twenty-one. It is also crucial that young drivers and their parents understand the possible long-term consequences that DWI charges could have for their children and their family.

Young drivers and their parents must understand that both civil and criminal penalties can follow a DWI or a DWIA by a Minor conviction. If a driver is under seventeen years of age, they are not allowed to have any detectable alcohol in their body while they are driving. This is why Texas is said to have a “Zero Tolerance” policy for drinking and driving by minors. When a driver under the age of seventeen is found to have a detectable amount of alcohol in their body, they will likely be charged with the offense of DUIA by a minor, as it is commonly called. It is a Class C misdemeanor, and a first offense is punishable by any or all of the following: a fine of up to five hundred dollars, license suspension for sixty to one hundred and eighty days, community service, and attendance at an alcohol awareness course. As with adult DWI cases, the penalties for DUIA by a Minor increase for subsequent offenses.

Drivers between the ages of seventeen and twenty-one can be charged with DWI by a Minor, a Class B misdemeanor. These charges are punishable by up to a year of license suspension, a fine of up to two thousand dollars, and anywhere between three days and one hundred and eighty days in jail. Repeat offenders are penalized even more seriously, with a second offense increasing to a Class A misdemeanor with up to four thousand dollars in fines, one month to one year in jail, and up to eighteen months of license suspension. Things get even more severe if there’s a third offense. For a third-time offender, the offense is charged as a third-degree felony, along with a fine of up to ten thousand dollars, two years of license suspension, and between two and ten years of jail time.

Those penalties are harsh and are intended to deter would-be drunk drivers. Young drivers may be aware of those penalties, but they may not know the full extent of how a DUIA by a Minor or DWI by a Minor could affect their lives. Teens and young adults are at a time in their lives when they are working towards the things they envision for their future. A conviction for a DUIA by a Minor or DWI by a Minor can make achieving many of those dreams more difficult by limiting access to some programs and some sources of funding that young people rely on to help them get where they want to go.

A Texas DWI Defense Attorney can help you understand your rights and your options if you or your child have been charged with DUIA by a Minor or DWI by a Minor. Call Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

 

Texas DWI Defense Attorney Explains New DWI Law

Thursday, July 18th, 2019

Drivers in Texas can expect to see some changes to the state’s DWI laws very soon. As of September 1, 2019, the state of Texas is implementing a change in the way that DWIs are handled. Proponents of the new Texas DWI law hope that it will discourage second and subsequent DWI offenses. Before the new law takes effect, first-time DWI offenders cannot obtain a deferral of their sentence through probation. After September 1, probation and deferred sentencing will be available to first-time offenders with a blood-alcohol level of less than .15 who comply with the strict conditions that the new law will require of them. Among the severe conditions that a defendant must meet to obtain a deferral is installing an ignition interlock device on their vehicle and using it properly. Since ignition interlocks have come into widespread use alongside license suspension, they have been a game-changer that has prevented many more repeat DWI offenses than license suspension alone. While over half to two-thirds of drivers with suspended licenses continue to get behind the wheel during their license suspensions, ignition interlock devices have prevented over three hundred thousand vehicle starts over the past twelve years.

The seemingly generous offer of deferment comes with harsh penalties that come into effect if a second offense occurs at any time. One of the harsh penalties is the enhancement of the second DWI to a higher class offense. This and other penalties reveal the spirit of the new law, which is aimed at encouraging first-time offenders to choose not to drink and drive by mitigating the consequences of the first offense on the one hand and promising harsh consequences for re-offending on the other hand.

Perhaps the best thing that the new DWI law offers first-time offenders is complete forgiveness of their offense after successful completion of probation for so long as they do not re-offend. If you take your first offense DWI seriously and make the necessary changes in your life to ensure that it never happens again, you can move forward with your head held high, free of the life-long consequences that can follow a DWI conviction. It takes serious commitment and a real and lasting change of heart to make that happen, but the results are worth it, both for the driver who gets the second chance and the lives that are potentially saved as the result of that driver’s conscious choice to never drive under the influence of alcohol again.

While the new Texas DWI law is good news for some drivers, drivers must understand that not every first-offense DWI defendant will qualify for deferred sentencing through probation. As I mentioned before, the defendant’s blood-alcohol level must not exceed .15. Also, the state can deny deferral for some DWI offenses regardless of blood alcohol content.

Texas’s new DWI law can benefit many first-time DWI offenders. However, any driver who is charged with DWI would do well to work with a Texas DWI Defense Attorney to resolve their DWI case. As I mentioned earlier, deferred sentencing is not automatic for first-time offenders, and all DWI defendants need support as they proceed through their DWI case. Call Texas DWI defense attorney Alex Tyra today,  at (903) 753-7499, or fill out a contact form on our website.

 

Texas DWI Defense Attorney Reminds Boaters to Know and Follow Texas Boating Rules

Friday, May 3rd, 2019

Last year, twenty-nine people died, and many more were injured in hundreds of boating accidents throughout the state of Texas. This year, boating season opened with water levels that are higher than usual, and Texas game wardens were out in force patrolling lakes and other waterways in an effort to remind boaters to make safety their top priority.

People who enjoy boating in Texas should be aware that there are safety rules that they must follow when they go out on the water. For example, a life jacket must be available for each person on the boat. Children who are age thirteen or younger are required by law to have their life jacket on at any time while the boat is moving or drifting. Game wardens can and do issue citations for violations of the state’s life jacket rules, which exist for the purpose of saving lives. Drowning causes many boating accident fatalities, and most drowning victims were not wearing life jackets at the time that they drowned. Boat operators are encouraged to take an additional step to protect their lives and the lives of their passengers and attach the clip for the boat’s kill switch to their life jacket. Kill switches have the potential to save many lives in boating accidents, and many boats have them. Unfortunately, they only work when they are used correctly, which means attaching the clip to the operator’s life jacket. Be sure that you learn and follow all boating laws that apply to you and your watercraft before you go out on the water this summer.

As game wardens throughout the state monitor lakes and waterways this boating season, life jackets are not the only thing they’ll be looking for. Intoxicated boaters cause many boating accidents, injuries, and deaths each year. If you operate a boat or any other watercraft when your blood alcohol level is above 0.08, you can be charged with the offense of boating while intoxicated. If you are convicted, you may face fines, jail time, and the loss of your drivers’ license.

Boaters are also required to report certain boating accidents. Contact the Texas Parks and Wildlife Department or a local law enforcement agency if you are involved in a boating accident where someone dies or requires medical attention that goes beyond the basic first aid that you would use to treat bumps, bruises, scrapes, sunburn and the like. You must also report any boating accident where over two thousand dollars of property damage occurs, even if no one is hurt in the crash.

If you are charged with a boating-related crime in Texas, contact Texas criminal and DWI defense attorney Alex Tyra right away. Criminal charges like boating while intoxicated can have a far-reaching effect on multiple areas of your life. We urge you to take immediate action today to protect your rights. Please call our office to speak with us, at (903) 753-7499, or fill out a contact form on our website.

 

Texas DWI Defense Attorney Says Evidentiary Challenges Are Part of a Solid Defense Strategy

Thursday, March 28th, 2019

A solid DWI defense often includes multiple strategies for defeating the prosecution’s case against the defendant. Evidence is a critical component of the state’s case in any DWI case. When it’s possible that there could be a problem with one or more of the pieces of evidence that the state plans to present at trial, a defense attorney will often challenge the admissibility of the evidence in the hope that the court will agree with their argument and exclude the evidence from the trial. Since the state must be able to support its case against the defendant with the evidence it plans to present at trial, each piece of the state’s evidence that is excluded from the trial weakens the case against the defendant.

The Texas Court of Criminal Appeals recently issued a ruling that excludes the admission of a specific blood sample. In its ruling, the Court agreed with a lower court’s decision that the evidence was gathered in an unconstitutional manner, thus violating the defendant’s rights. The State tried, in its appeal, to persuade the Texas Court of Criminal Appeals that the judge who previously ruled in favor of excluding the evidence abused his judicial discretion. The Texas Court of Appeals has sent the case back to the 210th District Court for trial.

The defendant in the case mentioned above is a man from El Paso who is charged with the deaths of three people in connection with an automobile wreck that happened on Christmas Eve in 2014. Joel Garcia’s blood was taken without a warrant, in the hours following the crash. The State claimed that the blood sample had to be drawn before a warrant could be obtained because the defendant required immediate medical treatment after his accident. The defense argued that the defendant’s injuries did not require immediate medical treatment, rendering the warrantless  blood draw a violation of Garcia’s fourth amendment rights. After several appeals, the issue of whether the defendant’s blood sample is allowed as evidence in his trial was finally decided by the Texas Court of Criminal Appeals, as mentioned above.

Constitutional challenges are just one of the ways defense attorneys can attack the validity of blood samples and other types of physical evidence. In some cases, questions over the handling of items like blood samples lead to the exclusion of evidence that the state planned to rely on heavily in its case. Blood samples can be taken incorrectly, stored improperly, and in some cases even mixed up and mislabeled with the wrong name. Blood and breath testing equipment are not infallible, and challenges to the validity of test results are another way that defense counsel can sometimes have evidence excluded from a defendant’s trial.

If you’ve been charged with DWI in Texas, contact a skilled Texas DWI Defense Attorney right away. DWI charges can have a far-reaching effect on many areas of your life, so it is critical that you take action now because your rights and your freedom are at stake. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

 

Texas DWI Defense Attorney Says Security Cameras in Bars May Aid Defendants

Monday, February 4th, 2019

Individual defendants aren’t the only ones charged with alcohol-related crimes in Texas. Restaurants, bars, and other types of businesses that serve alcohol run the risk of being accused of overserving patrons. These charges can come with severe fines and penalties, in addition to the cost of obtaining legal defense to represent the establishment in court.

Fortunately, some alcohol-serving establishments and some of the patrons who frequent them stand to benefit from video footage captured by security cameras. Video surveillance is commonplace in bars, restaurants, and other public places. That is proving to be a very good thing in some cases where undercover agents accuse bartenders of serving drinks to customers who are, in their opinion, already intoxicated. While it is true that in some cases, the bartenders captured on camera are indeed serving drinks to people who are inebriated, it is also true that some bartenders and customers have had the charges brought against them dropped after a judge reviews the video evidence and concludes that there is no “obvious intoxication” present.

The Texas Alcoholic Beverage Commission (TABC) is an agency whose agents work to find and cite establishments that serve alcohol to people who are already intoxicated. Unfortunately, the agency does not have a set of clear guidelines that agents must follow in determining that a person is drunk. Agents rely on their observations and subjective judgments that they make about the people they observe as they search for those people who are breaking the law. Security cameras provide the judges who hear cases brought by the TABC with a look at the behavior of the bartenders and patrons whose conduct is in question. Often, video evidence supports the conclusion advanced by the TABC agents who brought the charges, but sometimes, it doesn’t. In those cases where what’s on the video does not support the agents’ conclusions, judges can and do ask the state to drop the charges.

Video evidence does more than help those who are innocent obtain the exoneration they deserve. It also points to a need for the agencies charged with protecting the public safety to continually evaluate the methods that they use to assess potential threats to public safety. For example, a more precise definition of what it means to be intoxicated according to Texas law would benefit both the bartenders who are trying to serve drinks within limits established by law and the TABC agents who are working to spot and apprehend those who are breaking the law.

If you are charged with DWI or some other alcohol-related crime in Texas, locate a skilled Texas DWI defense attorney right away. Your attorney can help you take steps to protect your rights and your freedom while working to develop a defense strategy that will protect the things that are most important to you. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

 

 

 

 

 

 

 

 

 

 

 

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.