Texas DUI Defense Attorney Explains SR-22 Insurance

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If your driver’s license has been suspended, you may wonder whether there is any way that you could be allowed to drive to work, so that you don’t lose your job, in addition to losing your license. Fortunately, Texas does issue something called an occupational or essential need license, which allows drivers whose licenses who have been suspended to operate a non-commercial motor vehicle for the purposes of work, school, and performing essential household duties. There are a few requirements which must be met before the Department of Public Safety will issue an occupational driver’s license. Many of the requirements are straightforward, but one requirement, the SR-22, often causes a great deal of concern and confusion.

If you are wondering what an SR-22 is, it is an endorsement that can be attached to an automobile insurance policy which creates an obligation for the insurer to continually monitor the status of that insurance policy, and to notify the Department of Public Safety if the policy’s status changes.

If you are required to obtain an SR-22, there are a few things that you should know in advance. One thing that you need to know is that not every insurer is willing to issue an SR-22. Before you contact your insurer to ask whether they will issue one for you, it is important that you understand the possible implications of doing so. If you ask your insurer to issue you an SR-22, they may initially refuse to do so, and they may even refuse repeatedly if you ask more than once. It is also possible that they might say that they will issue one, and then take a very long time to actually issue it. In some cases, the insurer takes such a long time to issue the SR-22 that the driver’s policy gets cancelled due to their license suspension before the SR-22 form is issued. What’s more, the driver who needs the SR-22 is not the only person who experiences consequences because of it. Insurance companies treat all of the drivers on an insurance policy as a group, so when one driver requests an SR-22, the entire family’s policy is labeled as “high risk”. This results in higher premiums for all family members, as well as the risk of nonrenewal.

Since attempting to obtain an SR-22 from your insurer could result in a long wait for the form to come through (and thus a lengthy wait for your occupational license), and the risk of nonrenewal or cancellation of the insurance policy which covers you and the other drivers in your family, you may wish to obtain an SR-22 from a source other than your insurer. If you choose to go this route, be aware that there is a right way to go about it and a wrong way, and that going about it the wrong way can result in unfavorable consequences. It is essential that you obtain a SR-22 on a non-owner’s or operator’s policy, and not on the owner’s policy for the vehicle that you drive. The reason for this is that if you were to obtain a SR-22 on an owner’s policy from a secondary source, that new policy would cancel your regular policy because duplicate coverage is not permitted under Texas law. Also, avoid purchasing your SR-22 through TAIPA, the “state pool”, because after you submit your application, it could take weeks, or even months, before you actually receive your SR-22.

An occupational driver’s license can help you to keep your job, take care of your home and family, or get to school. However, avoiding license suspension altogether is the best possible outcome for a driver who has been accused of driving under the influence. Your Texas DUI Defense Attorney can build an aggressive DUI defense which could keep you, and your driver’s license, in the clear. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

 

 

Texas DUI Defense Attorney Explains SR-22 Insurance

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If your driver’s license has been suspended, you may wonder whether there is any way that you could be allowed to drive to work, so that you don’t lose your job, in addition to losing your license. Fortunately, Texas does issue something called an occupational or essential need license, which allows drivers whose licenses who have been suspended to operate a non-commercial motor vehicle for the purposes of work, school, and performing essential household duties. There are a few requirements which must be met before the Department of Public Safety will issue an occupational driver’s license. Many of the requirements are straightforward, but one requirement, the SR-22, often causes a great deal of concern and confusion.

If you are wondering what an SR-22 is, it is an endorsement that can be attached to an automobile insurance policy which creates an obligation for the insurer to continually monitor the status of that insurance policy, and to notify the Department of Public Safety if the policy’s status changes.

If you are required to obtain an SR-22, there are a few things that you should know in advance. One thing that you need to know is that not every insurer is willing to issue an SR-22. Before you contact your insurer to ask whether they will issue one for you, it is important that you understand the possible implications of doing so. If you ask your insurer to issue you an SR-22, they may initially refuse to do so, and they may even refuse repeatedly if you ask more than once. It is also possible that they might say that they will issue one, and then take a very long time to actually issue it. In some cases, the insurer takes such a long time to issue the SR-22 that the driver’s policy gets cancelled due to their license suspension before the SR-22 form is issued. What’s more, the driver who needs the SR-22 is not the only person who experiences consequences because of it. Insurance companies treat all of the drivers on an insurance policy as a group, so when one driver requests an SR-22, the entire family’s policy is labeled as “high risk”. This results in higher premiums for all family members, as well as the risk of nonrenewal.

Since attempting to obtain an SR-22 from your insurer could result in a long wait for the form to come through (and thus a lengthy wait for your occupational license), and the risk of nonrenewal or cancellation of the insurance policy which covers you and the other drivers in your family, you may wish to obtain an SR-22 from a source other than your insurer. If you choose to go this route, be aware that there is a right way to go about it and a wrong way, and that going about it the wrong way can result in unfavorable consequences. It is essential that you obtain a SR-22 on a non-owner’s or operator’s policy, and not on the owner’s policy for the vehicle that you drive. The reason for this is that if you were to obtain a SR-22 on an owner’s policy from a secondary source, that new policy would cancel your regular policy because duplicate coverage is not permitted under Texas law. Also, avoid purchasing your SR-22 through TAIPA, the “state pool”, because after you submit your application, it could take weeks, or even months, before you actually receive your SR-22.

An occupational driver’s license can help you to keep your job, take care of your home and family, or get to school. However, avoiding license suspension altogether is the best possible outcome for a driver who has been accused of driving under the influence. Your Texas DUI Defense Attorney can build an aggressive DUI defense which could keep you, and your driver’s license, in the clear. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

 

 

East Texas DUI Defense Attorney Explains the Role of Science in DUI Defenses

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Texas DUI defense attorneys use a variety of tools to build successful arguments in defense of their clients. A thorough knowledge of Texas DUI laws is one tool that Texas DUI defense attorneys use to spot weaknesses in the prosecution’s case that can be challenged with arguments based upon the law. Challenges to field sobriety tests and the traffic stop itself are other tools that DUI defense attorneys can use to help their clients. However, one of the most important aspects of DUI defense is science. DUI cases involve scientific evidence, and DUI defense attorneys who understand the scientific aspects of DUI cases can often bring evidentiary challenges against DUI charges.

There are a great deal of things which can happen in a DUI case that involve the evidence upon which the DUI charges are based. Blood and breath samples can be collected incorrectly. Equipment used either at the scene or in a laboratory to test the samples can give incorrect results if it is not calibrated properly and used correctly. There are a number of devices which are used to test breath samples, and there are many ways in which the results of breathalyzer test results can be challenged. The samples of blood which are tested are tiny, and must be handled and tested with the utmost of care. The slightest bit of mishandling or contamination can affect the accuracy of the test result, so these matters must be examined thoroughly by DUI defense attorneys. A knowledgeable Texas DUI defense attorney can look for sampling and testing errors in your DUI case, and, if errors are present, they can include them in your DUI defense.

Medications and even certain types of food and drink can interfere with the accuracy of blood and breath test results, as well as with the effect of alcohol consumption on the individual. Law enforcement officers or others who conduct the tests may not make the appropriate inquiries of test subjects to determine whether this is a factor in any given case. Also, weight, gender, and body structure all play a role in how alcohol affects people. Factors like when you consumed the alcohol and whether you ate anything while you were drinking alcohol are also important, because they affect the timing of when you will be affected by the alcohol as well as the way in which alcohol is absorbed into your system. These are all things which an experienced Texas DUI defense attorney can assess as possible elements of your DUI defense.

There are many different ways in which Texas DUI defense attorneys can challenge the charges which have been brought against them. A skilled East Texas DUI Defense Attorney can build an aggressive defense based upon their knowledge of the law, science, and the facts of your case. If you have been accused of driving under the influence of alcohol, you need the assistance of a knowledgeable and experienced Texas DUI Defense Attorney. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

 

 

East Texas DUI Defense Attorney Explains the Role of Science in DUI Defenses

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Texas DUI defense attorneys use a variety of tools to build successful arguments in defense of their clients. A thorough knowledge of Texas DUI laws is one tool that Texas DUI defense attorneys use to spot weaknesses in the prosecution’s case that can be challenged with arguments based upon the law. Challenges to field sobriety tests and the traffic stop itself are other tools that DUI defense attorneys can use to help their clients. However, one of the most important aspects of DUI defense is science. DUI cases involve scientific evidence, and DUI defense attorneys who understand the scientific aspects of DUI cases can often bring evidentiary challenges against DUI charges.

There are a great deal of things which can happen in a DUI case that involve the evidence upon which the DUI charges are based. Blood and breath samples can be collected incorrectly. Equipment used either at the scene or in a laboratory to test the samples can give incorrect results if it is not calibrated properly and used correctly. There are a number of devices which are used to test breath samples, and there are many ways in which the results of breathalyzer test results can be challenged. The samples of blood which are tested are tiny, and must be handled and tested with the utmost of care. The slightest bit of mishandling or contamination can affect the accuracy of the test result, so these matters must be examined thoroughly by DUI defense attorneys. A knowledgeable Texas DUI defense attorney can look for sampling and testing errors in your DUI case, and, if errors are present, they can include them in your DUI defense.

Medications and even certain types of food and drink can interfere with the accuracy of blood and breath test results, as well as with the effect of alcohol consumption on the individual. Law enforcement officers or others who conduct the tests may not make the appropriate inquiries of test subjects to determine whether this is a factor in any given case. Also, weight, gender, and body structure all play a role in how alcohol affects people. Factors like when you consumed the alcohol and whether you ate anything while you were drinking alcohol are also important, because they affect the timing of when you will be affected by the alcohol as well as the way in which alcohol is absorbed into your system. These are all things which an experienced Texas DUI defense attorney can assess as possible elements of your DUI defense.

There are many different ways in which Texas DUI defense attorneys can challenge the charges which have been brought against them. A skilled East Texas DUI Defense Attorney can build an aggressive defense based upon their knowledge of the law, science, and the facts of your case. If you have been accused of driving under the influence of alcohol, you need the assistance of a knowledgeable and experienced Texas DUI Defense Attorney. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

 

 

A Texas DUI – It All Starts With a Traffic Stop

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If you feel as though your DUI investigation took you by surprise, you are not alone. After all, before you were stopped by the police, you were just driving around like everybody else on the road. Unfortunately, the moment that your vehicle caught the attention of a police officer, everything changed. The blue lights appeared in your rear view mirror and you made your way to the side of the road. You may have known why you were being pulled over, or you may have had no idea why you were being stopped. Either way, as the officer approached your vehicle, you were most likely wondering what the outcome of your traffic stop would be.

Perhaps you were optimistic. You may have thought that the officer would explain the reason for the stop, give you a verbal warning or maybe even a ticket, if you were speeding, and then let you go on your way. You might have imagined that the stop could take a while, because sometimes it seems to take officers a very long time to go back to their vehicle to check your license and registration or whatever else it is that they do while they are in there. It is even possible that you had a fear that your vehicle could be searched or you could be investigated for a DUI. If that was the case, you may have wondered what the officer would be looking for that could make the difference between an ordinary traffic stop and a lengthy investigation. Texas drivers should know that most of the things that trigger a DUI investigation come from an officer’s observations of and interactions with the driver of a vehicle.

Police officers often ask drivers where they are going, where they have been, and if they have been drinking. These questions are not small talk; they are attempts to gather information from you which could support further investigation of your person or your vehicle. What you may not know is that you do not have to answer these questions, especially if doing so will provide the officer with information that could get you into trouble. It is possible to be respectful and provide the officer with the things that they need without saying much at all. If the officer attempts to pressure you into talking more than you would like to, you may politely state that you wish to speak with your attorney before saying anything more.

Unfortunately, even if you say very little, things that an officer can see or smell, such as an open beer in the cup holder or liquor on your breath, may lead them to believe that you are driving while intoxicated. Sometimes, though, things that an officer believes are signs of intoxication may be present in cases where little to no alcohol has been consumed. Someone who has just received terrible news or as just had an argument may have been crying heavily for a long time, causing them to be red in the face, with red, puffy, watery eyes. Allergies and lack of sleep can also cause puffy, red eyes. If things like these that you cannot control get you on the wrong side of a DUI investigation, do not hesitate to challenge it.

If you have been charged with driving under the influence of alcohol, don’t go through the legal process alone. An East Texas DUI Defense Attorney can help you to put up your best defense against DUI charges. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

 

Man Arrested for DUI in Austin After 0.00 Breathalyzer Test

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On January 13, 2013, Larry Davis ran a stop sign in Austin. He was stopped by police, and during the course of the vehicle stop, he was asked to perform field sobriety tests. Davis exited his vehicle and participated in the tests. The officer who made the stop said that when Davis performed field sobriety tests, he appeared to be under the influence of alcohol. When the officer asked Larry Davis whether he had consumed any alcohol, Davis stated that he had consumed just one drink. He then took a breathalyzer test, which returned a reading of 0.00. What happened next is not what you might think. Despite the negative result on the breathalyzer test, Davis was not given a warning or ticket for running the stop sign and then sent along his way. He was arrested, and he spent a day in jail.

At some point during his arrest and the subsequent incarceration, Davis voluntarily provided a sample of his blood. The sample was sent to a lab to be tested for alcohol. A few months later, the results of the blood test showed that no alcohol was in Davis’s blood at the time of his arrest. Because of the results of the breathalyzer and blood tests, his DUI case was dismissed. It took about a year from the time of his arrest for his record to be fully cleared.

Travis County, where Davis was arrested, has a high rate of dismissal for DUI charges. Approximately thirty percent of Travis County DUI cases, including Davis’s, are dismissed. Law enforcement in the county are overly aggressive about stopping drivers whom they have even the slightest suspicion are driving under the influence of alcohol. The officers and their supervisors cite “safety” as the reason why they make so many DUI arrests. This excessive enforcement costs everyone money. Defendants who are able to pay for an attorney may have to spend thousands of dollars to get their DUI dismissed and off of their record. Indigent defendants like Larry Davis also incur legal fees, which are paid for by the county.

The case of Larry Davis contains several valuable lessons for anyone who is arrested for driving under the influence of alcohol. One is that any traffic stop can turn into a DUI arrest. Whether you forget to stop for a stop sign, have a headlight out, or shift a little bit too much inside of your lane, an officer who wants to pull you over will find any reason at all to do so. Also, field sobriety tests are not an accurate indicator of whether someone has actually consumed alcohol. Poor coordination, fatigue, uncomfortable shoes, or even just being nervous can cause you to wobble as you try to walk a straight line. Even worse, the determination of whether you pass or fail the test is made by an officer who has stopped your vehicle because they have already made up their mind that you are intoxicated. Perhaps the biggest lesson that DUI defendants can take away from Larry Davis’s experience is to fight back against DUI charges because they are often made in error.

If you have been charged with driving under the influence of alcohol, contact a Texas DUI Defense Attorney right away. A skilled DUI defense attorney can increase your chance of getting your case dismissed. If dismissal is not possible, they can help you to accomplish the best possible results under the circumstances. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.

Texas DUI Lawyer Provides Summary of Texas DUI Penalties

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Just like drinking alcohol can be a difficult habit to break, the habit of drinking and driving can be hard to kick. Although the penalties for DUIs increase for repeat offenses, second and third offenses are not uncommon. Drinking alcohol suppresses a person’s ability to reason, so when people drink, they tend to make decisions based upon what is most important to them at the present moment. Also, many people who consume alcohol feel as though they are less intoxicated than they actually are, and they choose to drive because they think that they can do so safely. Whatever the reason for a person’s decision to drive after consuming alcohol, if they are stopped by a law enforcement official and are subsequently charged for driving under the influence of alcohol, it is important that they understand the possible penalties and long term consequences of a Texas DUI conviction.

In Texas, drivers who are twenty one years of age or older can expect that certain penalties will be considered in their case. For a first offense, you may have to pay a fine of up to two thousand dollars and serve three to one hundred and eighty days of jail time. Your license may be suspended for up to two years, and when you are able to get it back, you may have to pay a surcharge of up to two thousand dollars per year for up to three years in order to keep it. There is also the possibility that you could be required to attend a DUI education program and/or install an ignition interlock device on your vehicle, depending upon whether there were any other factors associated with your DUI that would make those penalties applicable.

For your second offense, the fine could be up to four thousand dollars, and the jail time is between one month and one year. The license suspension period, surcharge, and possibility of additional requirements is the same as it is for a first offense. If you are charged with DUI for a third time, you could be assessed a fine of up to ten thousand dollars and two to ten years in state prison. Your license may be suspended for up to two years, and the same requirements for a reinstatement surcharge and possible DUI education and/or ignition interlock apply, just as they do for any other DUI offense.

There are factors which could increase the penalties in your DUI case. For example, if you had a passenger in your vehicle who was under the age of fifteen, you will pay a fine of up to ten thousand dollars, serve up to two years in jail, and receive a one hundred and eighty day license suspension. If you caused serious bodily injury or death as a result of driving while intoxicated, you may face felony charges. Minors and commercial drivers have different penalties than adult, non-commercial drivers, so if you are a minor or a commercial driver it is important that you learn about the penalties which would apply to you.

While it is important to understand the penalties that you may be subject to if you are convicted of driving under the influence of alcohol in Texas, it is also important that you understand the potential long term impacts of a DUI conviction. In addition to making qualifying for employment, housing, and education opportunities more difficult, your conviction is likely to result in a large increase in your automobile insurance costs. If you have been charged with driving under the influence of alcohol, a skilled East Texas DUI defense attorney can help you to increase your chances of avoiding a DUI conviction and the consequences that would go along with it, and help you to achieve the best possible outcome in your case under the circumstances. To learn more, call Texas DUI Attorney Alex Tyra today to schedule your free consultation. We can be reached at (903) 753-7499, or you may visit our website to submit a convenient online contact form.

 

 

Can Mouth Alcohol Provide a Viable Texas DUI Defense?

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Many people arrested for DUI in Texas are familiar with the term “mouth alcohol,” but wonder whether it is a valid defense or more of an urban myth.  Because the most compelling piece of evidence used by prosecutors in most Texas DUI cases is a failed breathalyzer test, the accuracy of blood alcohol concentration (BAC) test results obtained through breath testing is an extremely important issue in most DUI cases.  Mouth alcohol represents one of the most significant causes of inaccurate BAC breath testing.

The term “mouth alcohol” refers to residual alcohol that lingers in the mouth that has not yet been absorbed and metabolized by the body.  Breath testing devices used by law enforcement do not actually measure the volume of alcohol in one’s blood.  Rather, the device measures the alcohol in breath from the deep lung tissue and converts this using a mathematical ratio to the concentration of alcohol in the blood.  The fundamental issue that makes the presence of mouth alcohol so critical is that alcohol that has not yet been absorbed and metabolized by the body will have a much higher BAC level than alcohol that has been metabolized before being expelled from the deep tissue of the lungs.

Although law enforcement officers engage in specific procedures to minimize the risk of mouth alcohol distorting a breath test result, these measures do not address all potential mouth alcohol issues nor do officers always carefully adhere to these procedures.  Texas law enforcement officers are required to observe a mandatory waiting period of fifteen minutes before administering the breath test.  The risk of residual alcohol lingering in the mouth if food or drinks being ingested is the rationale for imposing this waiting period.  The officer is expected to continuously observe you during this period so that the officer can ensure no food or beverages are consumed and so that he can note a belch, vomiting or regurgitation, which could cause undigested alcohol to be present in the mouth.

In practice, officers frequently engage in other activities during this period so they are not carefully observing the DUI suspect.   When the officer is watching closely, the officer still may not realize that a motorist who has been pulled over has belched or suffers from acid reflux (GERD).  If you have a medical history of GERD or acid reflux, this may provide a basis for challenging the BAC test results in your DUI case so you should let your Texas DUI attorney know about this aspect of your medical history.

There also are other forms of mouth alcohol that this observation period cannot address.  For example, alcohol can be trapped in dental work like a filling or cap, which could cause an erroneous breath testing result.  If you are arrested for driving under the influence (DUI), Texas DUI attorney Alex Tyra offers a free consultation during which he can advise you about your legal rights and potential strategies for avoiding a DUI conviction.  We invite you to contact us in our Longview office at 903-753-7499 or visit our website and submit a case contact form.

Proven DUI Defense Strategies in Texas Drunken Driving Cases [Part II]

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This is the second installment in our two-part blog providing an overview of defenses that experienced Texas DUI attorney Alex Tyra may employ to protect his clients from the consequences of a driving under the influence conviction.  While these are only some of the defense he may use to protect his clients driving privileges and freedom, these provide examples of strategies that can be effective in protecting suspects accused of DUI.  While we also invite you to review Part I of this two-part blog post, the best way to obtain specific information about the potential defenses appropriate in your case is to contact Mr. Tyra to schedule an initial consultation.

Questioning Police Observations during the Stop

While the officer may claim that physical traits like red eyes or slurred speech indicate intoxication, most of the observations typically relied on by officer to justify conducting a DUI investigation may not have anything to do with intoxication.  Red water eyes can be just as indicative of lack of sleep, hay fever or allergies as drugs or alcohol in a driver’s blood.  Slurred speech and lack of coordination similarly can be caused by many factors that have nothing to do with drunken driving, such as fatigue, diabetes, illnesses and similar medical and physical conditions.  Alcohol on one’s breath also is not particularly incriminating since the law prohibits operating a motor vehicle when your driving ability is impaired or your BAC is .08 percent or above rather than driving with ANY amount of alcohol in your blood.

Experienced Texas DUI attorney Alex Tyra ensures that the judge or jury recognizes the lack of reliability of these observations and the fact that they have little connection to alcohol impaired driving.  When Mr. Tyra reviews the police report and other evidence, he also will look for evidence that the officer’s recitals regarding these observations are little more than a repetition of standard facts rather than actual observations from your case.

Inherent Unreliability of Field Sobriety Tests (FSTS)

The difficulty of FSTs is so well established that the physical coordination, reflexes, concentration and balance required to successfully complete these tasks is the frequent subject of comedic fodder.  These tests are not particularly reliable and all have fairly high false positive error rates for indicating intoxication even when conducted properly.  Many officers lack sufficient training in conducting FSTs or simply fail to demonstrate and explain each FST properly.  If the officer fails to comply with the procedures and policies for conducting and scoring FSTs, the results are even more unreliable.  Further, a motorist inability to walk heel to two along a straight line or stand on one leg can have more to do with lack of coordination, obesity, fatigue or other factors than alcohol impairment.  Mr. Tyra ensures that the judge or jury understands the inherent unreliability of FSTs as an indicator of DUI.

Challenging Chemical Tests of BAC

Because there are three methods of chemical tests that may be used to measure blood alcohol concentration – breath, blood or urine – a complete discussion of attacking chemical testing is beyond the scope of this blog post.  However, breath testing may be challenged for a variety of reasons, which may include:

  • Presence of mouth alcohol because acid reflux, belching or other sources
  • Failure to properly calibrate the breathalyzer device
  • Officer not observing the mandatory observation period prior to administering the test
  • Rising BAC level because of drinking immediately prior to driving
  • Malfunctioning breath testing device

Blood testing is more reliable than breath tests but may also be challenged based on a variety of grounds:

  • Contamination of blood sample by alcohol from sterilization of draw site
  • Improper mixing of chemicals and blood sample
  • Lab errors resulting in contamination or allocating samples to the wrong subjects
  • Improper draw, storage or transport of blood sample
  • Failure to use a whole blood sample rather than just components of the blood

Urine testing is usually confined to drugged driving because it is the most unreliable form of BAC chemical testing.

If you are arrested for driving with a BAC of .08 percent or higher or impaired driving, Texas DUI attorney Alex Tyra offers a free consultation during which he can advise you about your legal rights and potential strategies for avoiding a DUI conviction.  We invite you to contact us in our Longview office at 903-753-7499 or visit our website and submit a case contact form.

Proven DUI Defense Strategies in Texas Drunken Driving Cases [Part II]

/in /by

This is the second installment in our two-part blog providing an overview of defenses that experienced Texas DUI attorney Alex Tyra may employ to protect his clients from the consequences of a driving under the influence conviction.  While these are only some of the defense he may use to protect his clients driving privileges and freedom, these provide examples of strategies that can be effective in protecting suspects accused of DUI.  While we also invite you to review Part I of this two-part blog post, the best way to obtain specific information about the potential defenses appropriate in your case is to contact Mr. Tyra to schedule an initial consultation.

Questioning Police Observations during the Stop

While the officer may claim that physical traits like red eyes or slurred speech indicate intoxication, most of the observations typically relied on by officer to justify conducting a DUI investigation may not have anything to do with intoxication.  Red water eyes can be just as indicative of lack of sleep, hay fever or allergies as drugs or alcohol in a driver’s blood.  Slurred speech and lack of coordination similarly can be caused by many factors that have nothing to do with drunken driving, such as fatigue, diabetes, illnesses and similar medical and physical conditions.  Alcohol on one’s breath also is not particularly incriminating since the law prohibits operating a motor vehicle when your driving ability is impaired or your BAC is .08 percent or above rather than driving with ANY amount of alcohol in your blood.

Experienced Texas DUI attorney Alex Tyra ensures that the judge or jury recognizes the lack of reliability of these observations and the fact that they have little connection to alcohol impaired driving.  When Mr. Tyra reviews the police report and other evidence, he also will look for evidence that the officer’s recitals regarding these observations are little more than a repetition of standard facts rather than actual observations from your case.

Inherent Unreliability of Field Sobriety Tests (FSTS)

The difficulty of FSTs is so well established that the physical coordination, reflexes, concentration and balance required to successfully complete these tasks is the frequent subject of comedic fodder.  These tests are not particularly reliable and all have fairly high false positive error rates for indicating intoxication even when conducted properly.  Many officers lack sufficient training in conducting FSTs or simply fail to demonstrate and explain each FST properly.  If the officer fails to comply with the procedures and policies for conducting and scoring FSTs, the results are even more unreliable.  Further, a motorist inability to walk heel to two along a straight line or stand on one leg can have more to do with lack of coordination, obesity, fatigue or other factors than alcohol impairment.  Mr. Tyra ensures that the judge or jury understands the inherent unreliability of FSTs as an indicator of DUI.

Challenging Chemical Tests of BAC

Because there are three methods of chemical tests that may be used to measure blood alcohol concentration – breath, blood or urine – a complete discussion of attacking chemical testing is beyond the scope of this blog post.  However, breath testing may be challenged for a variety of reasons, which may include:

  • Presence of mouth alcohol because acid reflux, belching or other sources
  • Failure to properly calibrate the breathalyzer device
  • Officer not observing the mandatory observation period prior to administering the test
  • Rising BAC level because of drinking immediately prior to driving
  • Malfunctioning breath testing device

Blood testing is more reliable than breath tests but may also be challenged based on a variety of grounds:

  • Contamination of blood sample by alcohol from sterilization of draw site
  • Improper mixing of chemicals and blood sample
  • Lab errors resulting in contamination or allocating samples to the wrong subjects
  • Improper draw, storage or transport of blood sample
  • Failure to use a whole blood sample rather than just components of the blood

Urine testing is usually confined to drugged driving because it is the most unreliable form of BAC chemical testing.

If you are arrested for driving with a BAC of .08 percent or higher or impaired driving, Texas DUI attorney Alex Tyra offers a free consultation during which he can advise you about your legal rights and potential strategies for avoiding a DUI conviction.  We invite you to contact us in our Longview office at 903-753-7499 or visit our website and submit a case contact form.