Texas DWI Defense Attorney Explains New DWI Law

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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 Criminal Defense Attorney Discusses Exoneration

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How do you think it would feel to be accused of a crime that you did not commit? You would likely be outraged at the accusation. You could feel hopeless like there’s nothing you can do to change the course of the things that are happening to you. You are likely to be concerned about the consequences that could come upon your family. You would be afraid that you would be convicted despite your innocence. You could feel confused, or paralyzed for fear, or desperate to do something, anything, to fight for your freedom. Unfortunately, wrongful accusations do happen, and they sometimes even lead to wrongful convictions. Today, I’d like to discuss what you can do to prevent a wrongful conviction. I’ll also share some information about why it is vital that you not give up hope if you have already been wrongfully convicted.

If you are accused of a crime that you did not commit, do not let fear or confusion prevent you from taking action immediately. Seek the assistance of a Texas criminal defense attorney. Your attorney understands the criminal defense process and can develop a strategy tailored to the particulars of your case. Texas criminal defense attorneys are often able to prevent convictions in cases where the defendant is wrongfully accused of a crime. Unfortunately, despite the valiant efforts of defense attorneys in Texas and across America, wrongful convictions continue to be obtained by prosecutors across the nation.

Those who are wrongfully convicted must not ever give up the hope that their wrongful conviction will be overturned and they will be exonerated. Sometimes, wrongful convictions are overturned soon after they are obtained. However, it sometimes takes years of waiting, hoping, and persevering in the pursuit of justice before exoneration of a wrongfully convicted individual occurs.

Exonerations are on the rise across America. Texas has obtained the highest number of exonerations in America over the past thirty years. Texas’s top ranking is not strictly a matter of population, because the exoneration numbers do not correlate with state population numbers. California has the highest population in the nation, yet it ranks fourth on the list of states with the most exonerations. Illinois has the second-highest number of exonerations despite its much smaller population.

One of the driving forces in the increase in exonerations is the availability of DNA testing, and it’s coming into widespread use. There are also social factors behind the rise in exonerations. As the public has learned more about the problem of wrongful conviction and the devastating impact it has on the wrongfully convicted and their families; society is increasing its demands for justice. Advocacy for those who believe that they were erroneously convicted has increased in quality and has attracted the effort and attention of some of the nation’s top criminal defense attorneys. Communities are also demanding more accountability from prosecutors, insisting on high-quality evidence and witnesses. Consequently, there is more hope now than ever for those who have been wrongfully convicted.

If you are accused of a crime in Texas, you must take immediate action to protect your rights. The consequences of a conviction can have harsh, lasting effects on your life and the lives of those who are close to you. Align yourself with a Texas criminal defense attorney right away, and begin taking steps towards a resolution of your Texas criminal law matter. Learn more about criminal defense in Texas by calling Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.