Can Field Sobriety Tests Be Challenged in a Texas DWI Case?

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Field sobriety exercises are commonly used during DWI investigations, but they are not infallible measures of intoxication. Police officers may interpret difficulty walking, balancing, or following instructions as evidence of impairment. However, performance can be affected by physical conditions, environmental factors, and how the exercises were administered. At The Law Office of Alex Tyra, P.C., we examine field sobriety evidence in DWI cases throughout Longview and East Texas.

Common Field Sobriety Exercises

Officers frequently use the horizontal gaze nystagmus test, walk-and-turn test, and one-leg-stand test.

These exercises are designed to help officers identify potential indicators of impairment. Their evidentiary value depends on the circumstances, the officer’s training, and the manner in which the tests were administered.

Texas Penal Code §§ 49.01 and 49.04 establish the relevant definition of intoxication and the elements of DWI. The field exercises are investigative tools, not independent statutory elements of the offense.

Medical and Physical Limitations

A person with back pain, knee injuries, balance disorders, neurological conditions, or other physical limitations may have difficulty performing certain exercises.

We examine whether the officer asked about medical conditions and whether those conditions were considered when interpreting the results.

Footwear, uneven pavement, poor lighting, and traffic noise may also affect performance.

Reviewing the Video Evidence

Body-camera and dash-camera recordings can help establish what instructions were given and how the driver actually performed.

We compare these recordings with the officer’s written report to identify discrepancies and assess the strength of the evidence.

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

If police relied on field sobriety exercises to arrest you for DWI in Longview or East Texas, call (903) 753-7499 for your free consultation with The Law Office of Alex Tyra, P.C.

Can a DWI Accident Lead to Intoxication Assault Charges in Texas?

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When a motor vehicle accident causes serious injuries, a DWI investigation may result in charges substantially more serious than an ordinary misdemeanor. Texas prosecutors may pursue intoxication assault when they allege that a driver’s intoxication caused serious bodily injury to another person. These cases frequently involve medical records, accident reconstruction, toxicology evidence, and disputes about causation. At The Law Office of Alex Tyra, P.C., we review the evidence underlying intoxication assault allegations in Longview and throughout East Texas.

Understanding Intoxication Assault

Texas Penal Code § 49.07 generally defines intoxication assault to include causing serious bodily injury to another person, by accident or mistake, because of intoxication while operating a motor vehicle in a public place.

The statute defines serious bodily injury to include injuries creating a substantial risk of death, causing serious permanent disfigurement, or resulting in prolonged impairment of a bodily member or organ.

Intoxication assault is generally a third-degree felony, although qualifying circumstances can increase the offense classification.

The Prosecution Must Establish Causation

Evidence of intoxication alone does not establish intoxication assault. The prosecution must connect the intoxication to the serious bodily injury.

We examine the collision sequence, road conditions, witness accounts, vehicle evidence, and whether another driver’s conduct contributed to the accident.

Challenging the Medical and Accident Evidence

Medical records may be necessary to determine whether the injuries meet the statutory definition of serious bodily injury.

We also evaluate chemical testing and whether the evidence reliably establishes intoxication during the relevant period.

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

If you are accused of intoxication assault after an accident in Longview or East Texas, call (903) 753-7499 for your free consultation with The Law Office of Alex Tyra, P.C.

What Happens If Someone Dies in an Accident and You Are Charged With Intoxication Manslaughter in Texas?

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A fatal accident involving allegations of intoxicated driving can result in one of the most serious criminal charges under Texas intoxication law. A driver may face intoxication manslaughter when prosecutors allege that intoxication caused another person’s death. These cases require a detailed examination of both the evidence of impairment and the circumstances of the collision. At The Law Office of Alex Tyra, P.C., we understand that defending against such allegations requires careful attention to the statutory elements and the available evidence.

The Elements of Intoxication Manslaughter

Under Texas Penal Code § 49.08, intoxication manslaughter generally occurs when a person operates a motor vehicle in a public place while intoxicated and, by reason of that intoxication, causes another person’s death by accident or mistake.

The offense is generally a second-degree felony. Under Texas Penal Code § 12.33, a second-degree felony ordinarily carries a punishment range of two to twenty years’ imprisonment and a possible fine of up to $10,000.

Certain aggravating circumstances can result in a more serious offense classification under § 49.09.

Proving the Cause of the Fatal Accident

The prosecution must establish more than the fact that the defendant had alcohol or another substance in their system.

We examine whether the evidence supports the allegation that intoxication caused the fatality. Collision reconstruction, roadway conditions, vehicle defects, and the conduct of other drivers may be relevant.

Reviewing Chemical and Medical Evidence

Blood-test results, laboratory procedures, toxicology findings, and medical evidence may be central to the case.

We evaluate whether the prosecution’s evidence establishes the required elements beyond a reasonable doubt.

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

If you face intoxication manslaughter allegations in Longview or East Texas, prompt legal representation is essential. Call The Law Office of Alex Tyra, P.C. at (903) 753-7499 to schedule your free consultation.

What Happens If You Are Arrested for DWI With a Child in the Car in Texas?

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A DWI arrest becomes significantly more serious when a child is riding in the vehicle. Texas law creates a separate felony offense for driving while intoxicated with a passenger younger than 15 years old. A person may face this charge even when there was no collision and the child was not physically injured. At The Law Office of Alex Tyra, P.C., we help people in Longview and East Texas understand the allegations and the consequences that may follow.

DWI With a Child Passenger Is a Felony

Under Texas Penal Code § 49.045, a person commits the offense by operating a motor vehicle in a public place while intoxicated when the vehicle is occupied by a passenger younger than 15.

The offense is a state jail felony. Under Texas Penal Code § 12.35, the ordinary punishment range is 180 days to two years in a state jail facility and a possible fine of up to $10,000.

The state does not need to prove that the child suffered an injury to establish this offense.

Additional Family-Related Consequences

A felony DWI allegation involving a child may also lead to scrutiny from child protective authorities, depending on the circumstances.

An arrest does not automatically determine parental rights or custody arrangements. Nevertheless, allegations involving a child’s safety can affect other legal proceedings.

Defending the Charge

We examine whether the prosecution can establish intoxication, operation in a public place, and the child’s qualifying age.

The legality of the stop, chemical testing, officer observations, and available recordings may all be relevant to the defense.

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

If you face a DWI charge involving a child passenger in Longview or East Texas, call The Law Office of Alex Tyra, P.C. at (903) 753-7499 to schedule your free consultation.

When Does a Third DWI Become a Felony in Texas?

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A third DWI allegation can expose a defendant to felony prosecution and the possibility of imprisonment. Texas law treats certain repeat intoxication offenses more severely because of qualifying prior convictions. However, the state must prove both the new DWI allegation and the convictions used to enhance the charge. At The Law Office of Alex Tyra, P.C., we review these cases carefully because a felony conviction can affect employment, professional licensing, firearm rights, and other important aspects of a person’s future.

Third-Degree Felony DWI

Under Texas Penal Code § 49.09(b), a qualifying DWI offense generally becomes a third-degree felony when the defendant has two prior convictions for qualifying intoxication-related offenses.

Texas Penal Code § 12.34 provides a punishment range of two to ten years’ imprisonment and a possible fine of up to $10,000 for a third-degree felony.

Other circumstances or statutory provisions may affect the charge or punishment.

Reviewing Prior Convictions

The prosecution must establish that the prior offenses qualify under the enhancement statute and are attributable to the defendant.

We examine judgments, identity evidence, and relevant court records. When an alleged prior conviction is legally insufficient for enhancement, that issue may affect the classification of the new charge.

Defending Against Felony DWI

We also challenge weaknesses in the current prosecution, including unlawful traffic stops, unreliable chemical testing, and unsupported allegations of intoxication.

The severity of the potential punishment does not reduce the state’s burden of proving the charge beyond a reasonable doubt.

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

If you have been charged with felony DWI in Longview or East Texas, obtaining legal advice promptly is important. Call The Law Office of Alex Tyra, P.C. at (903) 753-7499 for your free consultation.

What Happens If You Are Charged With a Second DWI in Texas?

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A second DWI charge can carry more serious consequences than a first offense. Prosecutors may seek enhanced punishment based on a qualifying prior conviction, and the case can create additional concerns about jail, driving privileges, and employment. At The Law Office of Alex Tyra, P.C., we help drivers throughout Longview and East Texas evaluate the evidence supporting both the new charge and any alleged prior conviction.

Enhanced Penalties for Repeat DWI

Texas Penal Code § 49.09(a) generally makes a qualifying second DWI a Class A misdemeanor with a statutory minimum confinement term of 30 days.

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

The actual sentence depends on the applicable law, the defendant’s circumstances, and the outcome of the case. Probation eligibility and conditions require separate consideration.

Proving the Prior Conviction

The prosecution must establish that the defendant has a qualifying prior conviction for enhancement purposes.

We review the records used to identify the defendant and establish the earlier offense. Errors involving identity, records, or the legal qualifications of a prior conviction may require investigation.

Defending the New Allegation

A prior conviction does not establish guilt in a new DWI case.

We independently examine the traffic stop, arrest, field sobriety testing, chemical evidence, and available recordings. The prosecution must prove the new offense beyond a reasonable doubt.

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

If you face a second DWI charge in Longview or East Texas, call (903) 753-7499 to schedule your free consultation with The Law Office of Alex Tyra, P.C.

Can You Be Arrested for DWI While Sleeping in a Parked Car in Texas?

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A driver who pulls over and falls asleep in a parked vehicle may believe they cannot be charged with DWI because the vehicle is not moving. Texas law, however, focuses on whether the person was operating a motor vehicle in a public place while intoxicated. Whether someone was operating a vehicle can become a disputed issue when police find the person asleep. At The Law Office of Alex Tyra, P.C., we examine the specific circumstances of parked-car DWI arrests throughout East Texas.

The Meaning of Operating a Motor Vehicle

Texas Penal Code § 49.04 requires proof that the defendant operated a motor vehicle in a public place while intoxicated.

The statute does not define operation solely by whether the vehicle was moving when police arrived. Courts may consider whether the person’s conduct involved using the vehicle in a manner that enabled its operation.

Relevant facts can include the location of the vehicle, whether the engine was running, the driver’s position, and evidence of recent driving.

Evidence That May Support or Undermine the Charge

Police may rely on witness statements, surveillance recordings, the driver’s statements, or circumstantial evidence to argue that the person operated the vehicle.

However, being found asleep in a vehicle does not necessarily establish when the person last drove or whether they were intoxicated at that time.

We examine whether the prosecution can establish the required connection between operation and intoxication.

The Importance of Avoiding Assumptions

A driver may have consumed alcohol after parking or may not have operated the vehicle at all. Those possibilities must be supported by evidence rather than speculation.

We review the police investigation to determine whether officers identified reliable facts establishing the elements of DWI.

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

If you were arrested for DWI while sitting or sleeping in a parked vehicle in Longview or East Texas, call The Law Office of Alex Tyra, P.C. at (903) 753-7499 for your free consultation.

Can Prescription Medication Lead to a DWI Charge in Texas?

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Many drivers believe DWI charges apply only to alcohol or illegal drugs. In Texas, however, prescription medication can also support a DWI prosecution when it causes the legally defined level of impairment. A person may face charges even when the medication was prescribed by a physician and taken according to instructions. At The Law Office of Alex Tyra, P.C., we help people in Longview and East Texas understand how prescription medication allegations can affect a criminal case.

Texas DWI Law Includes Drugs and Medication

Texas Penal Code § 49.01 defines intoxication to include the loss of normal mental or physical faculties caused by alcohol, a controlled substance, a drug, a dangerous drug, or a combination of qualifying substances.

The prosecution does not necessarily need to establish a particular concentration of a prescription drug. Instead, it may attempt to prove that the medication impaired the driver’s normal faculties.

Prescription medications associated with drowsiness, dizziness, or slowed reactions can become relevant to an investigation.

A Valid Prescription Does Not Automatically Prevent Charges

Taking medication legally is not a complete defense if the prosecution can prove intoxication. However, the existence of a prescription and the manner in which the medication was used may provide important context.

We examine medical records, prescription information, dosage, timing, and potential interactions with other substances.

Challenging Drug-Impairment Evidence

Unlike alcohol, many prescription medications do not have a statutory concentration threshold that automatically establishes intoxication under Texas DWI law.

A positive toxicology result may establish the presence of a substance without proving that it caused the loss of normal faculties while the person was driving.

We evaluate whether the officer’s observations and any toxicology findings support the prosecution’s conclusions.

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

If you were arrested for DWI after taking prescription medication, call (903) 753-7499 for your free consultation with The Law Office of Alex Tyra, P.C., serving Longview and East Texas.