How to Exercise Your Miranda Rights

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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.

How to Exercise Your Miranda Rights

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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.

Are DWI Checkpoints Legal in the State of Texas?

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Driving while intoxicated (DWI) is a grave criminal offense in the state of Texas. The state has some of the strictest DWI laws in the country, and the penalties for violating them can be severe. One of the methods law enforcement agencies use to enforce DWI laws is the use of DWI checkpoints or roadblocks. DWI checkpoints are locations on public roads where law enforcement officers stop drivers to check for signs of impairment. While DWI checkpoints are a common law enforcement tool in many states, their legality has been the subject of much debate and controversy in Texas.

In this article, we will explore the legality of DWI checkpoints in Texas, including the constitutional issues surrounding them, the procedures law enforcement officers must follow, and the potential consequences of violating DWI checkpoint laws.

DWI Checkpoints in Texas

DWI checkpoints, also known as sobriety checkpoints or roadblocks, are a type of enforcement strategy used by law enforcement officers to identify and apprehend impaired drivers. These checkpoints involve stopping vehicles at a specific location and checking the driver for signs of impairment, such as slurred speech, bloodshot eyes, or the smell of alcohol on the breath.

The use of DWI checkpoints has been a controversial issue in Texas for many years. Some individuals believe that DWI checkpoints are a valuable tool in keeping impaired drivers off the road, while others argue that they violate the Fourth Amendment rights of citizens.

Fourth Amendment Issues

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures. The Supreme Court has held that random stops and searches by law enforcement officers are generally considered unreasonable and thus, violate the Fourth Amendment.

However, in the landmark case of Michigan v. Sitz, the Supreme Court upheld the constitutionality of DWI checkpoints, ruling that the state’s interest in preventing drunk driving outweighed the minimal intrusion on individual privacy. The Court also held that the use of DWI checkpoints must meet certain guidelines to avoid violating the Fourth Amendment.

DWI Checkpoint Procedures

The Supreme Court has established guidelines for the use of DWI checkpoints to ensure that they are conducted in a constitutional manner. These guidelines require that checkpoints be conducted in a non-discriminatory manner, that drivers are stopped for only a brief period of time, and that officers have reasonable suspicion to believe that the driver is impaired before conducting a more thorough investigation.

In Texas, DWI checkpoints must also adhere to state-specific guidelines. Under Texas law, DWI checkpoints must be conducted in a neutral and non-discriminatory manner, and drivers must be stopped for only a brief period of time. Law enforcement officers are required to inform drivers of the purpose of the checkpoint and the length of the delay.

Consequences of Violating DWI Checkpoint Laws

If a law enforcement officer violates the guidelines for conducting a DWI checkpoint, any evidence obtained as a result of the checkpoint may be suppressed in Court. This means that any charges based on evidence obtained at the checkpoint could be dismissed. In addition, law enforcement officers who violate the guidelines may be subject to disciplinary action or civil liability.

In Texas, the penalties for driving while intoxicated can be severe. A first-time offender can face fines of up to $2,000, up to six months in jail, and a one-year suspension of their driver’s license. The penalties increase for repeat offenders or for those who cause injury or death while driving while intoxicated.

DWI checkpoints are a controversial issue in Texas, with some individuals arguing that they are an effective tool in preventing drunk driving, while others believe they violate the Fourth Amendment rights of citizens. While the Supreme Court has upheld the constitutionality of DWI checkpoints, they must be conducted in a manner that adheres to specific guidelines to avoid violating citizens’ rights.

If you are stopped at a DWI checkpoint in Texas, it is important to know your rights and to cooperate with law enforcement officers. However, you should also be aware that any evidence obtained as a result of an unconstitutional checkpoint may be suppressed in Court, potentially leading to the dismissal of any charges based on that evidence.

If you are facing charges for driving while intoxicated in Texas, it is crucial to seek the advice of an experienced criminal defense attorney. A skilled attorney can review the circumstances of your case, determine whether any constitutional violations occurred, and help you develop an effective defense strategy.

While DWI checkpoints are legal in Texas, they must be conducted in a constitutional manner that adheres to specific guidelines. Suppose you are stopped at a DWI checkpoint. In that case, it is essential to understand your rights, cooperate with law enforcement officers, and seek the advice of a skilled criminal defense attorney if you are facing charges related to driving while intoxicated.

Texas DWI Defense Attorney Talks About When DWI is Combined With Other Offenses

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A woman who crashed her SUV into the front of an Irving jewelry store is charged with DWI, in addition to charges related to property damage. The wreck happened on a Tuesday morning after the woman had been out drinking at a bar in Dallas. She admitted to having been out drinking and identified herself as an eight on a scale of one to ten, where ten is drunk, and one is sober. Authorities also observed fresh vomit in the woman’s car and on her clothing, which supports the conclusion that she was indeed intoxicated when the crash happened.

DWI charges often occur in conjunction with other offenses. Many times, traffic offenses or charges related to an accident are filed in conjunction with DWI charges. Fortunately, the woman who crashed her vehicle into the jewelry store was not hurt. However, the DWI charges that were filed in conjunction with her wreck could take a long time to resolve. The door of the jewelry store was heavily damaged, and the crash also damaged other parts of the building. Fortunately, an investigation into the circumstances surrounding the collision indicates that it was an accident and that the woman was not attempting to rob the jewelry store, because that would result in additional charges.

DWI charges carry serious enough consequences on their own. Drivers who are accused of DWI could lose their driving privileges and may have difficulty getting to and from work. Their family may likewise face transportation challenges as a result of their inability to drive. DWI convictions often come with fines, requirements to complete counseling or education classes, and sometimes even imprisonment. Those things place demands on your time and money, resources that may already be in short supply. Charges filed in connection with DWI charges can result in additional fines, penalties, and even further imprisonment in some situations.

            If you find yourself facing a DWI and other charges, it is critical that you seek help from a Texas DWI defense attorney right away. With your attorney’s aid, you can formulate a strategy for defending against the charges that have been filed against you. As your attorney works on the legal details of your case, they can also guide you so that you can work on mitigating the effects of the charges on your personal life. It may not be easy to work with an attorney towards resolving your case, but it is the best possible way to get your life moving in a positive direction. Failing to take action after being charged with DWI or attempting to defend yourself against DWI and other charges could result in much greater hardships for you and your family.

If you are facing DWI charges and charges for other offenses, a Texas DWI defense attorney can help you protect what’s most important to you. Your attorney will work to build a comprehensive defense strategy on your behalf while you focus on managing the personal concerns that your DWI arrest created in your life. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.

Texas DWI Defense Attorney Talks About When DWI is Combined With Other Offenses

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A woman who crashed her SUV into the front of an Irving jewelry store is charged with DWI, in addition to charges related to property damage. The wreck happened on a Tuesday morning after the woman had been out drinking at a bar in Dallas. She admitted to having been out drinking and identified herself as an eight on a scale of one to ten, where ten is drunk, and one is sober. Authorities also observed fresh vomit in the woman’s car and on her clothing, which supports the conclusion that she was indeed intoxicated when the crash happened.

DWI charges often occur in conjunction with other offenses. Many times, traffic offenses or charges related to an accident are filed in conjunction with DWI charges. Fortunately, the woman who crashed her vehicle into the jewelry store was not hurt. However, the DWI charges that were filed in conjunction with her wreck could take a long time to resolve. The door of the jewelry store was heavily damaged, and the crash also damaged other parts of the building. Fortunately, an investigation into the circumstances surrounding the collision indicates that it was an accident and that the woman was not attempting to rob the jewelry store, because that would result in additional charges.

DWI charges carry serious enough consequences on their own. Drivers who are accused of DWI could lose their driving privileges and may have difficulty getting to and from work. Their family may likewise face transportation challenges as a result of their inability to drive. DWI convictions often come with fines, requirements to complete counseling or education classes, and sometimes even imprisonment. Those things place demands on your time and money, resources that may already be in short supply. Charges filed in connection with DWI charges can result in additional fines, penalties, and even further imprisonment in some situations.

            If you find yourself facing a DWI and other charges, it is critical that you seek help from a Texas DWI defense attorney right away. With your attorney’s aid, you can formulate a strategy for defending against the charges that have been filed against you. As your attorney works on the legal details of your case, they can also guide you so that you can work on mitigating the effects of the charges on your personal life. It may not be easy to work with an attorney towards resolving your case, but it is the best possible way to get your life moving in a positive direction. Failing to take action after being charged with DWI or attempting to defend yourself against DWI and other charges could result in much greater hardships for you and your family.

If you are facing DWI charges and charges for other offenses, a Texas DWI defense attorney can help you protect what’s most important to you. Your attorney will work to build a comprehensive defense strategy on your behalf while you focus on managing the personal concerns that your DWI arrest created in your life. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.

Texas DWI Defense Attorney Talks About DWI Penalties

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Did you know that the penalties for DWI in Texas are relatively light compared to those in other states? Did you know that despite what the law says, penalties for DWI in Texas vary from case to case? People in Texas are wondering what the state’s DWI laws really mean, in light of recent repeat-offense DWI cases that have made it apparent that drivers who are arrested for DWI are not always kept off of the road for very long, even after a subsequent offense.

First and second offense DWIs are misdemeanors in Texas. The Texas Penal Code lists fines, jail time, loss of drivers’ license, and increased fees to reinstate the license as penalties for driving while intoxicated. As is the case with any type of crime, not all first offense DWI defendants pay a two thousand dollar fine, not all of them receive a sentence of one hundred and eighty days in jail, not all of those who receive a sentence must serve all of it in jail, and not all of them receive the standard loss of license and increased fees that are listed as possible penalties.

The differences in outcomes in DWI cases is not necessarily a sign that something is wrong with the criminal justice system in Texas. Rather, it illustrates something that is true for all criminal defendants regardless of what crimes they are charged with – every crime is a unique occurrence, and each defendant is a unique individual. Criminal cases are not decided uniformly because they should not be decided uniformly. The facts of each case can be argued by defense counsel in a way that supports an outcome that is appropriate for what actually happened. In other words, DWI defendants and their attorneys do have the ability to affect the outcome of their Texas DWI cases. This is good news for DWI defendants because it means that they can work with a DWI defense attorney to pursue workable outcomes in their DWI cases.

Texas DWI Defense Attorney Alex Tyra – Defending Texas Drivers Against DWI Charges

If you are facing DWI charges, the thought of facing those charges in court on your own might be rather intimidating. It is important that you know that you do not have to face your DWI charges alone and that working with a Texas DWI Defense Attorney can help you work towards the best possible outcome in your DWI case. The consequences of a Texas DWI conviction are serious and a conviction could affect just about every area of your life. Your freedom, your license, your job, your relationships, and your future are all at stake. If you have been charged with driving under the influence of alcohol, take the important first step of protecting your rights today, by calling an experienced Texas DWI Defense Attorney. If you have questions or concerns about DWI in Texas, please call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or contact us via our online contact form.

Texas DWI Defense Attorney Talks About DWI Penalties

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Did you know that the penalties for DWI in Texas are relatively light compared to those in other states? Did you know that despite what the law says, penalties for DWI in Texas vary from case to case? People in Texas are wondering what the state’s DWI laws really mean, in light of recent repeat-offense DWI cases that have made it apparent that drivers who are arrested for DWI are not always kept off of the road for very long, even after a subsequent offense.

First and second offense DWIs are misdemeanors in Texas. The Texas Penal Code lists fines, jail time, loss of drivers’ license, and increased fees to reinstate the license as penalties for driving while intoxicated. As is the case with any type of crime, not all first offense DWI defendants pay a two thousand dollar fine, not all of them receive a sentence of one hundred and eighty days in jail, not all of those who receive a sentence must serve all of it in jail, and not all of them receive the standard loss of license and increased fees that are listed as possible penalties.

The differences in outcomes in DWI cases is not necessarily a sign that something is wrong with the criminal justice system in Texas. Rather, it illustrates something that is true for all criminal defendants regardless of what crimes they are charged with – every crime is a unique occurrence, and each defendant is a unique individual. Criminal cases are not decided uniformly because they should not be decided uniformly. The facts of each case can be argued by defense counsel in a way that supports an outcome that is appropriate for what actually happened. In other words, DWI defendants and their attorneys do have the ability to affect the outcome of their Texas DWI cases. This is good news for DWI defendants because it means that they can work with a DWI defense attorney to pursue workable outcomes in their DWI cases.

Texas DWI Defense Attorney Alex Tyra – Defending Texas Drivers Against DWI Charges

If you are facing DWI charges, the thought of facing those charges in court on your own might be rather intimidating. It is important that you know that you do not have to face your DWI charges alone and that working with a Texas DWI Defense Attorney can help you work towards the best possible outcome in your DWI case. The consequences of a Texas DWI conviction are serious and a conviction could affect just about every area of your life. Your freedom, your license, your job, your relationships, and your future are all at stake. If you have been charged with driving under the influence of alcohol, take the important first step of protecting your rights today, by calling an experienced Texas DWI Defense Attorney. If you have questions or concerns about DWI in Texas, please call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or contact us via our online contact form.

Texas DWI Defense Attorney Discusses DWI Penalties for Minors

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When you think about a typical situation involving a minor being charged with DWI, you might imagine a teenager who has a driver’s license being caught driving after having a few beers at a party. While situations like that do happen, there are some minors who do not even have their drivers’ license when they get their first DWI. For example, a twelve-year-old is currently under investigation for DWI following a police chase that ended with a crash. Fortunately, the driver’s injuries are not severe, but he will face legal consequences as the result of his actions.

When a law enforcement noticed the young driver weaving in and out of traffic, they believed that the driver was texting and driving. As the officer continued to observe him, the driver crossed the center line, and the officer began to suspect that the driver as intoxicated. The officer tried to stop the vehicle, but the driver did not stop. The driver kept going and hit another car head-on, but the impact was not sufficient to stop the vehicle, and he kept driving. Eventually, the young driver collided with a utility pole and that collision prevented the vehicle from being driven any further.

The minor is now being investigated for DWI, evading police, and failing to stop and render aid after an accident. He is likely to encounter substantial consequences as the result of his actions, especially if he gets convicted of any or all of the three crimes that are under investigation. Under Texas law, anyone who is under twenty-one years of age is a minor. A minor may not drive with any detectable amount of alcohol in their system. The penalty for DWI for a minor depends both on the amount of alcohol in the driver’s system and the number of times that they have been stopped for drinking and driving.

First offenders who are minors could be fined up to five hundred dollars. They receive a sixty-day license suspension; they must attend an alcohol awareness class, and they must do between twenty and forty hours of community service. Penalties increase for second and subsequent offenses.

Minors can also receive an enhanced penalty if they are over seventeen years of age but under twenty-one, and their blood alcohol level is .08 or higher. Under these circumstances, a minor can be fined up to two thousand dollars and have their license suspended for at least ninety days and up to one year. They could also have to spend anywhere from three to one hundred and eighty days in jail.

Texas DWI Defense Attorney Alex Tyra – Defending Minors Who Are Charged With DWI

If you are a minor, a DWI investigation can be incredibly intimidating. The consequences of a potential conviction are serious, and you are probably wondering what you should do. Fortunately, you do not have to face those charges alone. If you are a minor and you have been accused of driving under the influence of alcohol, protect your rights by calling 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 online.

Texas DWI Defense Attorney Offers Holiday Weekend Tips for Avoiding DWI and BWI

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Summer is almost officially here, and if you are like many Texans, you are looking forward to enjoying some fun times with friends and family this Memorial Day Weekend. No matter what type of excitement you have planned, you can take some steps to ensure that you and the people that you will be spending time with this weekend stay safe and avoid DWI and BWI charges.

One important thing that all people would be wise to remember is that Memorial Day weekend is a no-refusal weekend in many parts of the state. This weekend, law enforcement officers will take to the streets in large numbers in search of impaired drivers from approximately six in the evening on Friday until early Tuesday morning. If you are driving a vehicle and you get stopped by an officer who suspects that you are driving while intoxicated, you may choose whether to submit to roadside breath testing. If you refuse to participate in the breath test, the officer can then get a search warrant that enables them to take a blood sample over your objection.

The roads are not the only place where no refusal weekends are in effect. The Texas Department of Public Safety is well aware that many accidents that cause injuries and death occur on or near motorized watercraft during the summer months. It is also common knowledge that many of those injuries and deaths involve boaters who are intoxicated. For these reasons, patrols will be located on and near some of the popular spots for water recreation throughout the state this weekend. Game wardens also use holiday weekends to look for boating safety issues, so be sure to avoid attracting unnecessary attention to your watercraft by operating it in a safe and responsible manner.

Planning ahead for a safe ride home after a party or another event is a great way to avoid getting a DWI during the upcoming holiday weekend. If the party is at your place, there are additional things that you can do to help your guests make responsible choices and avoid drinking and driving. Encouraging guests to select a designated driver is a tried and true strategy for making sure that everyone gets home safely. Some people don’t drink alcohol, but they still enjoy going to parties, so finding a designated driver is not always as hard as one might think it would be. Paying for taxi fares is another alternative. Having plenty of delicious food, nonalcoholic beverages, and fresh, cold water available can help your guests balance out their alcohol intake. The aforementioned tried and true strategies for preventing drunk driving work, and there are some suggestions are even more fun and creative, such as offering tents, bedding, and other amenities to guests who are interested in camping overnight instead of driving home after the party. Checking in with guests as they are leaving and helping them to find an alternative way home if they seem intoxicated is a thoughtful gesture that will help your guests stay safe and avoid the financial and other life altering impacts of a DWI conviction.

Texas DWI Defense Attorney Alex Tyra – Experienced Support for DWI Defendants

If you are facing DWI charges, experienced Texas DWI Defense Attorney Alex Tyra may be able to help you resolve your DWI case. To learn more, call (903) 753-7499.

Texas DWI Defense Attorney Discusses a Rare Medical Cause of Elevated Blood Alcohol

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Sometimes, the facts of a DWI case indicate that something out of the ordinary is going on. Fortunately, attorneys who dedicate a substantial portion of their practice to DWI defense have enough experience with the types of things that often occur before, during, and after a DWI arrest, so they are often able to spot unusual circumstances quickly and investigate them further.

For example, a woman in New York was admitted to the hospital after taking a breathalyzer test that registered her blood alcohol at four times the legal limit. However, the hospital wanted to release the woman soon after she was admitted because she was not exhibiting any symptoms that required medical attention. Ordinarily, a person with a blood alcohol level that high would be rather ill.

Fortunately, the attorney who represented the woman noticed that the facts of her case did not seem to make sense. He investigated possible causes of high blood alcohol levels without accompanying symptoms, and he found that a rare medical condition called auto brewery syndrome or gut fermentation syndrome does just that.

The woman’s unusual blood alcohol level was closely examined, thanks to to the efforts of her husband, who urged doctors to do additional testing, and her attorney, who hired medical professionals to monitor her and test her blood alcohol level at regular intervals for a period of twelve hours. Instead of decreasing as time passed since the woman had had her last drink of the evening, her blood alcohol increased over time. That pattern of increasing blood alcohol over time is consistent with what happens when an individual with auto brewery syndrome consumes food or drink, because abnormal amounts of gastrointestinal yeast convert the carbohydrates from the things that they ate or drank into ethanol, which is alcohol.

Since something unusual was going on in the woman’s DWI case, her attorney had to build a defense case that would explain what auto brewery syndrome is, and, even more importantly, that that was the reason why his client’s blood alcohol level was as high as it was at the time that she was arrested. The attorney brought a pharmacologist to court, and the pharmacologist explained how alcohol would be metabolized by a woman of the same size and weight as the defendant. That information was presented along with the information that had been gathered from the defendant’s blood tests, which showed that the drinks that she had consumed were not metabolized in a normal way. The end result is that the evidence of what happened with the woman’s blood alcohol, along with the explanation for why it had happened, which is because she suffers from a rare medical condition, led to dismissal of her DWI charges.

Texas DWI Defense Attorney Alex Tyra – Your Source For Comprehensive Defense

If you have been charged with DWI in Texas, you do not have to navigate the road ahead of you alone. A seasoned defense attorney can build the strongest possible case on your behalf. Texas DWI Defense Attorney Alex Tyra has helped DWI defendants in many different types of circumstances. If you have questions about your DWI, call us today, at (903) 753-7499.