Can You Get a DWI Dismissed Because of an Illegal Traffic Stop in Texas?

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A DWI investigation often begins with a police officer stopping a vehicle for an alleged traffic violation or suspicious driving behavior. However, officers cannot lawfully detain drivers without an adequate legal basis. If a traffic stop violated constitutional protections, evidence obtained afterward may be subject to suppression. At The Law Office of Alex Tyra, P.C., we review the circumstances of traffic stops in Longview and throughout East Texas to determine whether officers complied with the law.

Reasonable Suspicion for a Traffic Stop

The Fourth Amendment to the United States Constitution protects against unreasonable searches and seizures. Article I, § 9 of the Texas Constitution provides related protections.

Police generally need reasonable suspicion of criminal activity or a traffic violation to conduct an investigative traffic stop.

An officer might claim that a driver crossed a lane marking, failed to signal, or committed another violation. However, the available evidence must support the legal justification for the stop.

Reviewing Police Video and Reports

We examine dash-camera recordings, body-camera footage, dispatch information, and the officer’s written account.

Video may show whether the alleged violation actually occurred. It may also reveal inconsistencies concerning the officer’s observations or the reasons for extending the detention.

An otherwise lawful stop can raise additional questions if the officer prolongs it without adequate justification.

Suppressing Unlawfully Obtained Evidence

Texas Code of Criminal Procedure Article 38.23 addresses the exclusion of evidence obtained in violation of applicable law.

When the circumstances support it, we may seek suppression of evidence resulting from an unlawful stop or detention. Suppression does not automatically guarantee dismissal, but it may substantially affect the prosecution’s ability to prove its case.

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

If you believe police stopped you without a valid reason before your DWI arrest, the legality of the stop deserves careful review. Call (903) 753-7499 for your free consultation with The Law Office of Alex Tyra, P.C.

What Happens If You Refuse a Breath or Blood Test During a Texas DWI Arrest?

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Refusing a breath or blood test during a DWI investigation can create consequences separate from the criminal charge. Drivers sometimes refuse because they distrust the testing equipment, fear the result, or misunderstand the officer’s instructions. Although a refusal may leave prosecutors without a particular chemical test result, it does not prevent a DWI prosecution. At The Law Office of Alex Tyra, P.C., we help East Texas drivers understand how a refusal may affect both their criminal case and their driving privileges.

Texas Implied Consent Laws

Texas Transportation Code Chapter 724 governs implied consent for intoxication testing. When an officer makes a qualifying arrest, the driver may be asked to provide a breath or blood specimen.

Under § 724.015, officers generally must provide specified warnings concerning the consequences of refusal. Those consequences may include an administrative license suspension, and evidence of the refusal may be admissible in the criminal case under § 724.061.

Refusing a test also does not necessarily prevent officers from seeking a search warrant for a blood specimen.

The Administrative License Suspension

A qualifying refusal may trigger an Administrative License Revocation proceeding. Drivers generally have 15 days after receiving the suspension notice to request a hearing.

The hearing is separate from the DWI prosecution. We examine whether the arrest was supported by probable cause, whether the testing request and refusal were properly documented, and whether the required administrative procedures were followed.

Defending a DWI Charge After Refusal

Prosecutors may rely on driving behavior, field sobriety exercises, officer testimony, and video recordings to establish intoxication.

We evaluate whether those observations are reliable and whether the prosecution can prove intoxication beyond a reasonable doubt.

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

If you refused chemical testing after a DWI arrest in Longview or anywhere in East Texas, act promptly to protect your rights. Call (903) 753-7499 to schedule your free consultation with The Law Office of Alex Tyra, P.C.

Can Police Force You to Take a Blood Test After a DWI Arrest in Texas?

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Drivers arrested for DWI in Texas are frequently asked to provide a blood specimen. Some consent, while others refuse because they are concerned about the procedure or do not understand their rights. Refusing a blood test does not necessarily prevent police from obtaining a sample, but officers must comply with applicable legal requirements. The circumstances surrounding the collection can become an important issue in a DWI defense. At The Law Office of Alex Tyra, P.C., we review whether blood evidence was obtained lawfully and handled properly.

Texas Implied Consent and Blood Testing

Texas Transportation Code Chapter 724 addresses implied consent and the consequences of refusing certain intoxication tests. Under § 724.011, a person arrested for an offense arising from acts allegedly committed while operating a motor vehicle in a public place while intoxicated is deemed to have consented to the taking of a qualifying specimen, subject to the chapter’s requirements.

However, implied consent does not eliminate constitutional protections against unreasonable searches. Police may obtain a warrant authorizing a blood draw when legally justified, and certain statutory circumstances may permit or require additional procedures.

The legality of a nonconsensual blood draw depends on the particular facts and governing constitutional law.

Challenging the Blood Draw

We examine whether officers obtained a valid warrant, whether the warrant was supported by probable cause, and whether the collection remained within its authorized scope.

We also consider who drew the blood, where it was collected, and whether the procedure complied with Texas Transportation Code § 724.017 and other applicable requirements.

A lawful collection procedure is only one part of the analysis. Blood evidence must also be properly identified, preserved, transported, and tested.

Laboratory Results Are Not Beyond Challenge

Laboratory testing may raise questions about sample identification, contamination, analytical methods, or recordkeeping. We review available documentation to determine whether the reported result is adequately supported.

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

If police obtained your blood after a DWI arrest in Longview or East Texas, we can review the legality of the collection and the reliability of the evidence. Call (903) 753-7499 for your free consultation with The Law Office of Alex Tyra, P.C.

What Happens If Your Blood Alcohol Concentration Is 0.15 or Higher in Texas?

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A DWI charge becomes more serious when chemical testing reports an alcohol concentration of 0.15 or higher. Texas law provides a specific enhancement for this result, potentially increasing the offense classification and available punishment. However, the reported number must still be supported by legally admissible and reliable evidence. At The Law Office of Alex Tyra, P.C., we review high-BAC DWI cases throughout Longview and East Texas.

The High-BAC Enhancement

Under Texas Penal Code § 49.04(d), a DWI offense is a Class A misdemeanor if an analysis of a blood, breath, or urine specimen shows an alcohol concentration of 0.15 or more at the time the analysis was performed.

A Class A misdemeanor generally carries a maximum punishment of one year in jail and a fine of up to $4,000 under Texas Penal Code § 12.21.

This enhancement can apply even when the driver has no prior DWI conviction. Additional circumstances may result in other offense classifications.

Challenging the Chemical Evidence

We examine the testing equipment, sample collection procedures, laboratory records, and chain of custody.

For breath testing, questions may involve equipment maintenance and operator compliance. Blood testing may raise issues concerning collection, storage, contamination, or analytical procedures.

The statutory enhancement focuses on the concentration reported at the time of analysis. Nevertheless, the prosecution must still establish the elements of the underlying DWI offense.

Evaluating the Complete Case

A high test result does not eliminate the need to prove that the defendant operated a motor vehicle in a public place while intoxicated.

We examine the stop, arrest, testing procedures, and any constitutional issues affecting the evidence.

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

If you face an enhanced DWI charge involving a reported alcohol concentration of 0.15 or higher, call The Law Office of Alex Tyra, P.C. at (903) 753-7499 for your free consultation.

How to Challenge a Breathalyzer Result in a Texas DWI Case

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A breath-test result showing an alcohol concentration above the legal limit can be intimidating. Many drivers believe the number alone guarantees a conviction. However, breath-testing evidence depends on proper equipment maintenance, qualified operators, and legally acceptable testing procedures. Errors involving any of these areas may affect the reliability or admissibility of the result. At The Law Office of Alex Tyra, P.C., we examine the circumstances surrounding breath testing in DWI cases throughout Longview and East Texas.

The Role of Breath Testing in Texas DWI Prosecutions

Texas Penal Code § 49.01 defines intoxication to include an alcohol concentration of 0.08 or more. Under § 49.04, a qualifying test result of 0.15 or higher can also support a Class A misdemeanor enhancement.

These legal consequences make the accuracy of the reported result especially important.

A breath-testing instrument does not directly measure the alcohol concentration in the driver’s blood. Instead, it analyzes a breath specimen using an approved testing method to estimate alcohol concentration.

Examining Equipment and Testing Procedures

We review whether the testing equipment was approved, properly maintained, and operated by an authorized individual. Maintenance documentation, quality-control records, and information about the testing sequence may reveal issues requiring further investigation.

We also examine whether the officer complied with applicable procedures before and during the test. Certain circumstances involving residual mouth alcohol, equipment problems, or other testing irregularities can affect reliability.

Not every procedural deviation automatically invalidates a result. The legal significance depends on the specific error, the governing requirements, and the evidence presented.

The Timing of the Test Matters

A breath sample is often collected some time after the person allegedly operated the vehicle. Alcohol absorption and elimination can cause the concentration measured later to differ from the concentration present during driving.

We consider the timing of alcohol consumption, the stop, the arrest, and the test. Where supported by the evidence, these issues may be relevant to the prosecution’s theory of intoxication.

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

A breath-test result should be examined, not simply accepted without question. If you face DWI charges in Longview or East Texas, call The Law Office of Alex Tyra, P.C. at (903) 753-7499 for your free consultation.

Can You Be Convicted of DWI in Texas Without a Breath or Blood Test?

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Many people assume that a Texas DWI conviction requires a breath or blood test showing an alcohol concentration of at least 0.08. That assumption is incorrect. Prosecutors may pursue DWI charges even when a driver refused chemical testing or no usable specimen was collected. In these cases, the prosecution often relies on police observations, driving behavior, field sobriety exercises, and recorded statements. At The Law Office of Alex Tyra, P.C., we examine whether that evidence is sufficient to prove intoxication beyond a reasonable doubt.

Texas Law Does Not Require a Specific Alcohol Reading

Texas Penal Code § 49.01 provides two alternative definitions of intoxication. The state may prove intoxication through an alcohol concentration of 0.08 or more, or by establishing that alcohol, drugs, or another qualifying substance caused the loss of normal mental or physical faculties.

Consequently, a person can face DWI charges without chemical test results. An officer may testify that the driver had slurred speech, difficulty balancing, bloodshot eyes, or other alleged signs of impairment.

However, these observations must be evaluated in context. Fatigue, injuries, anxiety, medical conditions, and environmental factors may affect a person’s appearance or performance.

Challenging Officer Observations

Police officers frequently administer standardized field sobriety tests to gather evidence of impairment. These exercises may include horizontal gaze nystagmus testing, the walk-and-turn test, and the one-leg-stand test.

We examine whether the officer administered the exercises correctly and whether the conditions were appropriate. Uneven pavement, poor lighting, physical limitations, and unclear instructions may affect performance.

Body-camera and dash-camera recordings can also reveal differences between an officer’s written report and what actually occurred.

Refusing Chemical Testing Has Separate Consequences

Although a refusal does not automatically establish criminal guilt, it may create driver’s license consequences under Texas Transportation Code Chapter 724. The prosecution may also seek to introduce evidence of a refusal, subject to applicable evidentiary rules.

We evaluate the circumstances of the testing request, the warnings provided, and any subsequent search warrant.

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

If you were arrested for DWI without a breath or blood test in Longview or East Texas, the prosecution must still prove its case. Call (903) 753-7499 to schedule your free consultation with The Law Office of Alex Tyra, P.C.

What Happens After Your First DWI Arrest in Longview, Texas?

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A first DWI arrest in Longview can create immediate concerns about jail, employment, driving privileges, and the possibility of a permanent criminal record. Many people arrested for the first time have never appeared in criminal court and do not understand what happens after being released from custody. Although a first offense may carry less severe penalties than a repeat conviction, it is still a criminal charge with serious consequences. At The Law Office of Alex Tyra, P.C., we help people throughout Longview and East Texas understand the charges against them and evaluate their available defenses.

Understanding First-Offense DWI Charges

Under Texas Penal Code § 49.04, a person commits DWI by operating a motor vehicle in a public place while intoxicated. Texas Penal Code § 49.01 defines intoxication as either losing the normal use of mental or physical faculties because of alcohol or another qualifying substance, or having an alcohol concentration of 0.08 or higher.

An ordinary first-offense DWI is generally a Class B misdemeanor, carrying a potential sentence of up to 180 days in jail and a fine of up to $2,000. However, a qualifying alcohol concentration of 0.15 or higher increases the offense to a Class A misdemeanor, and other circumstances can result in more serious charges.

Protecting Your Driver’s License

A DWI arrest may also trigger an Administrative License Revocation proceeding. This process is separate from the criminal case and can result in a driver’s license suspension even before a criminal conviction.

Under Texas Transportation Code Chapter 524 or 724, a driver generally has 15 days after receiving the applicable suspension notice to request an administrative hearing. Missing this deadline may eliminate an important opportunity to contest the proposed suspension.

Defending Against the Criminal Charge

A DWI arrest does not automatically establish guilt. We examine whether police had reasonable suspicion for the traffic stop, whether probable cause supported the arrest, and whether the evidence actually establishes intoxication.

Breath-test results, blood-test procedures, officer observations, and body-camera recordings may all be relevant. We also examine whether medical conditions, fatigue, or other factors affected the officer’s interpretation of the driver’s behavior.

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

If you’ve been charged with a first DWI in Longview or anywhere in East Texas, do not wait to learn about your legal options. Call The Law Office of Alex Tyra, P.C. at (903) 753-7499 to schedule your free consultation and discuss protecting your future, your license, and your finances.