What Happens If You Refuse a Breath Test in Texas?

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After a DWI stop in Texas, one of the most critical moments is deciding whether to submit to a breath test. Many drivers wonder if refusing the test will help or hurt their case. The truth is, refusing a breath test in Texas comes with its own set of serious consequences, and it’s important to understand both the legal and practical implications before making that decision.

Texas Has an Implied Consent Law

Under Texas Transportation Code § 724.011, when you obtain a driver’s license and operate a vehicle on public roads, you are considered to have given “implied consent” to chemical testing (breath or blood) if you’re arrested for suspected DWI. This means that refusal is not a free pass—it can result in penalties even if you’re never convicted of DWI.

Immediate Driver’s License Suspension

If you refuse a breath test after a lawful DWI arrest, the officer will issue a Notice of Suspension and take your driver’s license on the spot. You will receive a temporary driving permit that is valid for 40 days, during which you can request an Administrative License Revocation (ALR) hearing. If you don’t request the hearing within 15 days, your license will be automatically suspended.

Here’s how long you could lose your license:

  • 180 days for a first refusal

  • 2 years for a second or subsequent refusal within 10 years

This suspension is separate from any criminal penalties related to a DWI charge. That means you could be acquitted of DWI and still lose your license because you refused the test.

Refusal Can Still Be Used Against You in Court

Even though you have the right to refuse, prosecutors can still bring it up during trial. They may argue that your refusal is evidence of guilt or consciousness of guilt—suggesting you refused the test because you knew you were intoxicated. This can influence a jury’s perception, even without a breathalyzer result.

Police May Still Get a Warrant

In some cases, especially if there’s an accident involving injury or death, officers may request a warrant to obtain a blood sample. Once the warrant is granted, they can legally draw your blood—by force if necessary. So refusing the breath test doesn’t necessarily stop chemical testing—it may only delay it and make matters worse.

Commercial Drivers and Refusal

If you hold a commercial driver’s license (CDL), refusing a breath test has even harsher consequences. You could lose your CDL for at least one year, even if you were driving your personal vehicle at the time.

Should You Refuse a Breath Test?

This is a highly personal decision, and the best course of action depends on your situation. Refusing the test might make it harder for the state to prove your blood alcohol concentration (BAC), but it comes with automatic penalties and potential trial disadvantages. If you’re weighing your options, it’s essential to speak with a DWI defense lawyer immediately.

An attorney can help you:

  • Challenge the license suspension through an ALR hearing

  • Review whether the arrest was lawful

  • Determine whether the officer had probable cause

  • Build a strong defense, even without breath test evidence

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI arrest can turn your life upside down—and refusing a breath test doesn’t make it go away. You still face license suspension and criminal charges. With the right legal defense, you can protect your rights, your license, and your future. The Law Office of Alex Tyra, P.C. is here to fight for you. Contact us today at (903) 753-7499 to schedule your free consultation and get the defense you deserve.

Can a Passenger Be Arrested During a Texas DWI Traffic Stop?

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When most people think about a DWI arrest in Texas, they imagine a driver being pulled over, tested, and arrested. But passengers can also face serious legal consequences under certain circumstances. While simply being a passenger during a DWI stop doesn’t automatically mean you’ll be arrested, there are several situations where it can happen. Knowing your rights and how to protect yourself as a passenger is critical—especially if law enforcement suspects other criminal activity.

When Can a Passenger Be Arrested During a DWI Stop?

1. Possession of Drugs or Alcohol

If police find open containers of alcohol, illegal drugs, or prescription pills without valid prescriptions in the vehicle, passengers may be charged with possession, even if the items don’t belong to them. Texas law allows prosecutors to pursue charges if the items were within the passenger’s “reach, custody, or control.”

2. Outstanding Warrants

If a routine ID check reveals that a passenger has an outstanding warrant—whether for a minor offense like unpaid traffic tickets or a more serious charge—officers are obligated to take that person into custody.

3. Interfering with Police Duties

Passengers who become argumentative, physically confrontational, or attempt to interfere with field sobriety tests or the arrest process may be charged with obstruction, resisting arrest, or interference with public duties. This is especially common in situations where the passenger is intoxicated as well.

4. Public Intoxication

Even if the passenger did nothing else wrong, they can still be arrested for public intoxication under Texas Penal Code § 49.02. The law allows an officer to arrest someone if they are intoxicated in a public place (which includes the inside of a vehicle on a public road) and pose a danger to themselves or others.

5. Taking Control of the Vehicle

If the driver is arrested and the officer believes the passenger is too impaired to drive, or if they see the passenger attempt to move to the driver’s seat while intoxicated, that passenger could be arrested for attempting to operate a vehicle while intoxicated.

What Should a Passenger Do During a DWI Stop?

If you’re a passenger during a DWI stop in Texas, here are a few important steps to protect your rights:

  • Remain Calm and Silent: You’re not required to answer questions beyond identifying yourself.

  • Don’t Admit Ownership: If officers find something illegal in the vehicle, don’t volunteer information.

  • Don’t Argue With Police: Stay respectful and avoid escalation.

  • Avoid Physical Movement: Reaching around the vehicle could be interpreted as an attempt to hide evidence or retrieve a weapon.

Why Legal Representation Still Matters for Passengers

If you’re arrested as a passenger during a DWI stop, your case is no less serious than the driver’s. Criminal charges can lead to jail time, a permanent record, and long-term consequences for employment or professional licensing. You’ll need a defense tailored to the specific facts of your case, including challenging constructive possession, asserting constitutional violations, or disputing the legitimacy of the arrest.

Even if you were never charged, being present during a DWI investigation could lead to your name being included in police reports, affecting future background checks. Speaking to an attorney can help you understand your risks and options for clearing your name.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI charge—or any arrest related to a DWI traffic stop—can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the defense you need to deal with the complexities of DWI-related charges and work toward a favorable resolution. The Law Office of Alex Tyra, P.C. is dedicated to providing the support and legal guidance you need during this challenging time. Contact us at (903) 753-7499 to discuss your case and learn more about how we can help.

What Happens If You Refuse a Breath Test After a DWI Stop in Texas?

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If you’re pulled over in Texas and an officer suspects you’ve been drinking, you might be asked to take a breathalyzer test. Many people hesitate—and some flat-out refuse. But what happens next? Can refusing actually hurt your case? The answer is: it depends.

Understanding the legal consequences of refusing a breath test in Texas is key to making informed decisions and building your defense after a DWI arrest.

Texas Has an “Implied Consent” Law

Under Texas Transportation Code §724.011, when you drive on public roads in Texas, you automatically consent to submit to chemical testing (breath, blood, or urine) if you’re lawfully arrested for DWI. This is known as the Implied Consent law.

That means if a police officer has probable cause to believe you’re driving while intoxicated, and you’ve been placed under arrest, refusing to take a breath test can trigger automatic consequences—even if you’re never convicted.

What Are the Penalties for Refusing a Breath Test?

If you refuse to take a breath test after a lawful DWI arrest, here’s what can happen:

  • License Suspension: Your driver’s license can be suspended for 180 days for a first refusal. If you’ve previously refused or had a DWI-related suspension, the penalty can increase to 2 years.

  • Evidentiary Use in Court: Prosecutors can tell the jury you refused the test. They may argue this indicates you knew you were intoxicated.

  • Administrative License Revocation (ALR) Hearing: You have only 15 days from the date of your arrest to request a hearing to challenge the suspension.

Many people don’t realize the license suspension is separate from the criminal DWI case. Even if you win your DWI case, the suspension from refusing a test could still stand unless you fight it through the ALR hearing process.

What If You Were Never Properly Informed?

Texas law requires officers to read a specific statutory warning (DIC-24) before requesting a breath or blood sample. This warning informs you that refusal will result in license suspension and may be used against you in court.

If the officer failed to give this warning, or if you were coerced or confused, an experienced DWI defense attorney can use that to challenge the suspension or exclude the refusal from your criminal case.

Should You Refuse the Test?

There’s no one-size-fits-all answer. Refusing a breath test may deny police a key piece of evidence, but it also triggers immediate consequences. Factors to consider:

  • If you believe you are clearly over the limit, refusing might help prevent a high BAC result from entering evidence.

  • If you have a prior DWI, refusing may increase your penalties.

  • If you’re confident you’re under the limit or haven’t had much to drink, taking the test might help avoid charges altogether.

This is why it’s so important to speak with a DWI defense lawyer as soon as possible after your arrest. There are time-sensitive actions you must take to protect your license and your future.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI charge can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the expert defense you need to handle the complexities of your case and work toward a favorable resolution.

A Texas DWI conviction can affect your job, your license, your insurance, and your freedom. The Law Office of Alex Tyra, P.C. is dedicated to defending people just like you. Contact us today at (903) 753-7499 to schedule your free consultation. Let our experience work for you when it matters most.

Can I Still Be Charged With DWI in Texas If I Wasn’t Driving?

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Many Texans are surprised to learn that you can be arrested for DWI even if your vehicle wasn’t moving at the time. Police don’t need to actually see you driving in order to file charges. This happens more often than people think—especially in cases where someone is found asleep or parked in their vehicle after drinking.

If you’ve been charged with DWI in Texas and you weren’t actively driving, it’s essential to understand how prosecutors justify these arrests—and how a skilled attorney can challenge them.

What the Law Says About “Operating” a Vehicle

Under Texas Penal Code §49.04, a person commits the offense of Driving While Intoxicated when they are “intoxicated while operating a motor vehicle in a public place.”

But the term “operating” isn’t clearly defined in the statute. Texas courts have interpreted “operating” to include more than just driving. If you take any action that enables the vehicle to function or shows intent to drive, prosecutors may argue that qualifies as “operating” a motor vehicle.

Real-Life Examples of Non-Driving DWI Arrests

Here are some examples where individuals have been charged with DWI in Texas without actually driving:

  • A driver is found asleep behind the wheel, engine running, in a parking lot.

  • Someone is parked on the side of the road, keys in the ignition, lights on.

  • A driver is in a stopped car with the air conditioning or heater running.

  • Someone admits they were about to drive but hadn’t yet moved the car.

In these cases, officers often claim the person had the intent and ability to operate the vehicle, which is enough to arrest them for DWI—even if the vehicle never moved.

How Prosecutors Build These Cases

To prove DWI without observing actual driving, the prosecution must establish:

  • The person was intoxicated (based on a chemical test, field sobriety tests, or officer observation).

  • The person was in control of the vehicle or capable of operating it.

  • The incident occurred in a public place (including parking lots or roadsides).

They may use evidence like:

  • Engine running

  • Keys in the ignition

  • Position of the driver

  • Statements made to officers

  • Video from body cams or security cameras

How We Challenge These Charges

At The Law Office of Alex Tyra, P.C., we know how to fight DWI charges based on weak or speculative evidence. If you weren’t driving, we can argue:

  • There is no proof of actual operation of the vehicle.

  • You may have parked legally to avoid driving impaired, which should be encouraged—not criminalized.

  • The officer may have violated your rights during the investigation or arrest.

  • Field sobriety tests or chemical tests were improperly administered or interpreted.

We’ve successfully challenged cases where our client was simply using their car to stay warm or wait for a ride home. These situations deserve careful legal analysis, not automatic punishment.

The Risks Are Real

Even if you weren’t driving, a DWI conviction can lead to:

  • Jail time

  • Fines

  • Driver’s license suspension

  • Ignition interlock requirements

  • Higher insurance rates

  • A permanent criminal record

That’s why you need an experienced attorney who understands the law and how to build a defense based on your unique situation.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI charge can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the expert defense you need to handle the complexities of your case and work toward a favorable resolution.

A Texas DWI conviction can affect your job, your license, your insurance, and your freedom. The Law Office of Alex Tyra, P.C. is dedicated to defending people just like you. Contact us today at (903) 753-7499 to schedule your free consultation. Let our experience work for you when it matters most.

What to Expect After a DWI Arrest in Texas

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Being arrested for Driving While Intoxicated (DWI) in Texas is a serious matter. From the moment the flashing lights appear in your rearview mirror, the consequences can escalate quickly. Many people don’t fully understand the criminal, financial, and administrative challenges that follow a DWI arrest. If you or a loved one is facing these charges, it’s critical to understand the process—and even more important to act fast.

Immediate Aftermath of a DWI Arrest

After a DWI arrest in Texas, you will likely be taken into custody, where you’ll undergo a breath test or a blood draw. If your blood alcohol concentration (BAC) is 0.08% or higher, you can be charged with DWI. Refusing to take a test can also result in consequences, including a driver’s license suspension under Texas’s implied consent laws.

You’ll spend some time in jail, followed by a release on bail or bond. Within a short window—typically 15 days—you must request a hearing to challenge the administrative suspension of your driver’s license. Failing to act during this time can result in an automatic suspension, separate from any court-imposed penalties.

Understanding the Criminal Charges

A first-time DWI in Texas is usually charged as a Class B misdemeanor, carrying up to 180 days in jail and a fine of up to $2,000. However, aggravating factors like having a child passenger, a high BAC (0.15% or more), or causing an accident can result in felony charges.

Beyond criminal penalties, a DWI conviction can lead to a permanent criminal record, increased insurance costs, and even job loss in certain professions.

Court Dates and Legal Process

You’ll be required to appear in court for your arraignment, where you’ll be formally charged and enter a plea. From there, your case may move through pretrial hearings, plea negotiations, and possibly a trial. Throughout this process, the prosecution will build its case based on officer testimony, field sobriety test results, chemical tests, dashcam footage, and more.

Having a skilled DWI defense lawyer on your side at this point is essential. Every piece of evidence needs to be scrutinized. Was the traffic stop lawful? Was the breathalyzer properly maintained? Were your rights violated at any point?

The Importance of Acting Quickly

Time is not on your side after a DWI arrest. The sooner you retain legal counsel, the sooner you can begin working on a defense strategy. Waiting too long can result in lost opportunities to contest your license suspension or preserve evidence.

Your attorney can also represent you at the Administrative License Revocation (ALR) hearing, which is separate from your criminal case and focuses on your driving privileges.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI charge can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the expert defense you need to handle the complexities of your case and work toward a favorable resolution.

A Texas DWI conviction can affect your job, your license, your insurance, and your freedom. The Law Office of Alex Tyra, P.C. is dedicated to defending people just like you. Contact us today at (903) 753-7499 to schedule your free consultation. Let our experience work for you when it matters most.

Can You Be Charged With a DWI Without Failing a Breath Test in Texas?

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Many Texans believe that if they did not fail a breath test — or if they refused one altogether — they cannot be charged with Driving While Intoxicated. Unfortunately, that is not how DWI law works in Texas. A breath test result is not the sole factor officers use when deciding whether to make an arrest. In fact, thousands of people every year are charged with DWI without a breath test result, without a blood test result, or even with a test result below the legal limit.

Understanding how and why this happens can help you protect your rights after an arrest and prevent serious consequences that stem from misunderstanding Texas DWI law.

Texas Law Allows Officers to Arrest Without a Breath Test

Under Texas Penal Code §49.04, a person can be arrested for DWI if they:

  • Do not have the normal use of mental or physical faculties,
    OR

  • Have a blood alcohol concentration (BAC) of 0.08 or higher.

This means the officer can base a DWI arrest on their observations alone, even if no chemical test is performed. In other words, failing a breath test is not required for an arrest.

Common Reasons Officers Arrest Without a Breath Test

1. Field Sobriety Test Performance

Officers rely heavily on standardized field sobriety tests (FSTs), such as:

  • The Walk-and-Turn Test

  • The One-Leg Stand Test

  • The Horizontal Gaze Nystagmus (HGN) Test

These roadside exercises are subjective, often influenced by nerves, weather, uneven pavement, medical conditions, or the officer’s biased interpretation. Poor performance — even due to innocent factors — can lead to a DWI arrest.

2. Officer Observations at the Traffic Stop

Texas officers are trained to report any “clues” of impairment, including:

  • Slurred speech

  • Bloodshot eyes

  • Swaying or unsteady posture

  • Nervousness

  • Odor of alcohol

  • Slow reaction to questions

  • Fumbling with documents

None of these prove intoxication, but officers routinely use them as justification for arrest.

3. Refusal to Take the Breath Test

Under Texas’ implied consent laws, refusing a breath test can result in automatic license suspension — and officers often assume refusal equals guilt. Many people refuse because they distrust the machine or feel intimidated. That refusal does not protect you from arrest.

4. “Below the Limit” BAC Results

A breath test may show a BAC below 0.08 — yet the officer can still arrest you if they claim:

  • Your driving was unsafe

  • You performed poorly on field tests

  • You showed signs of impairment

Texas law allows DWI arrests even at a BAC of 0.03, 0.04, or 0.05 if the officer believes your faculties were impaired.

Why These Arrests Can Be Successfully Challenged

The lack of breath test evidence actually gives your defense attorney more room to attack the case, including:

  • Flaws in field sobriety test administration

  • Unreliable officer observations

  • Lack of probable cause for the traffic stop

  • Medical conditions or fatigue mistaken for intoxication

  • Dashcam or bodycam footage that contradicts the report

When a breath test is absent, the state’s case often becomes a mix of assumptions, interpretations, and subjective opinions — all of which can be challenged in court.

Protect Yourself After a No-Test DWI Arrest

If you were arrested without failing a breath test, your case is defensible — but only if you act quickly. Texas prosecutors often rely on officers’ credibility rather than scientific evidence, and a strong attorney will expose inconsistencies, errors, and improper procedures.

Time is critical, especially because your driver’s license may be suspended automatically if you refused a breath test. Your lawyer must request an Administrative License Revocation (ALR) hearing within 15 days of the arrest.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI charge can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the defense you need to address the complexities of Texas DWI law and work toward a favorable resolution.

A Texas DWI conviction can affect your record, finances, driving privileges, and professional opportunities. The Law Office of Alex Tyra, P.C. is committed to guiding you through every step of the process and building the strongest defense possible. Call (903) 753-7499 to discuss your case and explore your options.

We are here to protect your future.

What To Do Immediately After a DWI Arrest in Texas

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Being arrested for Driving While Intoxicated (DWI) in Texas can be an overwhelming experience. Your actions in the first 24 to 48 hours after the arrest can significantly affect the outcome of your case. Knowing what to do — and what not to do — can mean the difference between a conviction and a successful defense. Here’s what every driver should know if they’ve been arrested for DWI in Texas.

Don’t Talk to the Police Without an Attorney Present

After a DWI arrest, law enforcement officers may try to ask you questions while you’re in custody. It’s critical to remember that you have the right to remain silent and the right to an attorney. While you should be respectful and comply with basic commands, never volunteer information about your alcohol consumption, where you were coming from, or what you were doing. Statements made under stress can still be used against you in court.

Request Legal Representation Right Away

One of the first and most important things you can do is request a DWI defense lawyer immediately. The sooner you involve an attorney, the better protected your rights will be. An experienced DWI lawyer can assess the legality of the traffic stop, the arrest, and any evidence collected. They’ll also begin gathering evidence in your favor before it’s lost or forgotten.

Request an Administrative License Revocation (ALR) Hearing

In Texas, you only have 15 days from the date of your DWI arrest to request an ALR hearing to contest the automatic suspension of your driver’s license. If you miss this deadline, your license may be suspended for 90 days or more — even before your court case begins.

A qualified attorney can file this request on your behalf, represent you at the hearing, and potentially help you retain your driving privileges. This administrative step is crucial and often overlooked by defendants who don’t act fast enough.

Document the Details of the Arrest

As soon as possible, write down everything you remember about your arrest. This includes:

  • What you were doing before the stop

  • The officer’s reason for pulling you over

  • Whether they performed field sobriety tests

  • What questions they asked

  • What you said (if anything)

  • Whether you took a breath or blood test

  • How the officers behaved during the process

This information will help your lawyer evaluate whether your rights were violated or if there were flaws in the arrest procedures that could support a strong defense.

Avoid Posting About the Arrest Online

Do not discuss your arrest on social media, text messages, or with friends. Prosecutors may use your own statements or photos against you in court. What you say, even casually, could harm your defense.

Attend All Court Dates and Follow Instructions

Once you’re released, make sure to attend all scheduled court appearances. Failing to show up can result in a warrant for your arrest and additional charges. Your attorney will help you understand your responsibilities and guide you through the court process.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI charge can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the expert defense you need to handle the complexities of DWI charges and work toward a favorable resolution.

A Texas DWI conviction can have a lasting impact on many aspects of your life, but understanding these consequences and knowing how to fight them can make a significant difference. The Law Office of Alex Tyra, P.C. is dedicated to providing the legal support you need during this difficult time. Contact us at (903) 753-7499 to discuss your case. We are here to protect your future.

What Happens After a DWI Arrest in Texas?

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A DWI (Driving While Intoxicated) arrest in Texas is a serious matter that can trigger a chain of legal consequences, even before you’ve had your day in court. From the moment of arrest to the resolution of your case, there are critical steps and timelines that can impact your freedom, your driver’s license, and your future.

Step 1: The Traffic Stop and Arrest

Most DWI cases begin with a traffic stop for an alleged traffic violation or erratic driving. If the officer suspects intoxication, they may conduct field sobriety tests and possibly request a breath or blood sample. If you fail these tests or refuse them, you may be arrested and taken to jail.

Texas law enforcement is aggressive when it comes to impaired driving, and even first-time offenders can be held overnight, booked, and required to post bond before release.

Step 2: Administrative License Suspension (ALR Hearing)

If you failed or refused a breath/blood test, your license will be subject to an automatic suspension under Texas’ Administrative License Revocation (ALR) program. You only have 15 days from the date of your arrest to request a hearing to challenge this suspension. If you miss this deadline, your license will be suspended automatically—regardless of what happens in the criminal case.

An experienced DWI attorney can file the request on your behalf and represent you at the ALR hearing to fight for your driving privileges.

Step 3: Arraignment and Bail Conditions

Your first court appearance, or arraignment, usually happens within days or weeks after your arrest. At this hearing, you’ll be informed of the charges, asked to enter a plea, and possibly given pretrial conditions—such as installing an ignition interlock device or submitting to random testing.

If you haven’t hired a lawyer before this date, now is the time. Early legal representation can influence bond conditions and the entire course of your case.

Step 4: Discovery and Pretrial Motions

Your defense attorney will obtain evidence through a process called discovery. This includes dashcam footage, breathalyzer calibration records, police reports, and witness statements. Depending on the quality and legality of this evidence, your attorney may file motions to suppress improperly obtained evidence or challenge the probable cause for the arrest.

These pretrial motions are often where the outcome of a DWI case is truly shaped.

Step 5: Plea Bargain or Trial

Once the evidence is reviewed, your lawyer may negotiate with the prosecution for a reduced charge, such as obstruction of a passageway or reckless driving. However, if the case involves procedural errors, faulty testing, or weak evidence, your case may proceed to trial.

A DWI trial in Texas can result in either acquittal or conviction. Penalties for a first offense can include fines, jail time, license suspension, and mandatory education programs. A second or third offense carries even harsher penalties and may be charged as a felony.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI charge can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the defense you need to face your DWI charges with confidence. The Law Office of Alex Tyra, P.C. is dedicated to providing support and strategic advocacy during this difficult time. Contact us at (903) 753-7499 to discuss your case and explore your options for defense. Our experienced team is here to help you protect your freedom and future.