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

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When you are arrested for DUI in Texas, the consequences can be life-altering because you may be subject to incarceration, significant fines, suspension or revocation of your driver’s license, community service, alcohol classes, probation and more.  In addition to these consequences, you may also end up with a criminal record that impacts housing, education and employment options.  If you are subsequently convicted of another DUI in the future, the penalties become harsher.  While these adverse consequences may be significant, there are many defenses that experienced Texas DUI attorney Alex Tyra may use to protect his clients from these penalties.

Some people facing drunken driving charges simply plead guilty because they do not realize the wide range of defenses that are available to prevent a DUI conviction.  We have provided an overview of a few of the defenses that Mr. Tyra may use to obtain a dismissal, acquittal or reduction in charges:

Unlawful Vehicle Stop

Law enforcement officers generally may not stop a vehicle without “reasonable suspicion” that the driver is engaged in unlawful activity.  In the context of DUI cases, the basis for a stop will typically be the officer’s observation of a motorist engaged in a traffic violation or a pattern of erratic driving that is symptomatic of alcohol impaired driving.  If you are stopped for a traffic or regulatory violation that has nothing to do with alcohol impaired driving, such as an illegal left turn or expired tags, the officer will look for evidence during the stop to justify initiating prolonging the stop and conducting a DUI investigation.  The officer will look for factors like slurred speech, bloodshot watery eyes, lack of coordination, odor of alcohol on your breath, or admissions of drinking to justify conducting field sobriety tests and a roadside portable breath test.

A brief mention of Sobriety Checkpoints (DUI Roadblocks) is worth mentioning because they constitute an exception to the rule that police need some basis of individualized suspicion to justify stopping a vehicle.  While the U.S. Supreme Court has permitted an exception that allows this form of stop with no basis for believing that a driver is engaged in criminal activity, there are strict requirements to prevent selective enforcement.  Although a complete discussion of these requirements is beyond the scope of this discussion, one requirement is that the determination as to which vehicle will be stopped must be based on a pre-determined formula like stopping every fifth car or every other car.  When law enforcement officers fail to comply with the strict requirements for a lawful DUI roadblock, the evidence obtained during the stop may be subject to exclusion.

If the officer cannot articulate sufficient facts to justify the initial stop or DUI investigation, this may pose a basis to file for a hearing to have all evidence suppressed, such as chemical testing of blood alcohol concentration (BAC), field sobriety tests (FSTs) and observations during the vehicle stop.  Because officers sometimes lie or distort the truth in a police report to justify their actions, we look carefully at evidence like dash video, witnesses in the vicinity and inconsistencies between the police report and the officer testimony.

We also invite you to review Part II of this blog-post for other examples of defenses that we may use to protect our clients from a DUI conviction.  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.

U.S. Supreme Court Considers Whether to Authorize Warrantless Blood Tests in DUI Cases

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The U.S. Supreme Court will soon issue a decision in a case heard early this year about the right of law enforcement to forcibly take a blood sample for blood alcohol concentration (BAC) testing of the volume of alcohol in your blood.  In the case of Missouri v. McNeely, the nation’s highest court is weighing whether the risk of DUI evidence being lost justifies a warrantless infringement of the Fourth Amendment right against unreasonable search and seizure.

When police pull over drivers in Texas suspected of driving under the influence (DUI), the officer has the option of requesting that the driver submit to BAC testing of blood or breath.  While you can refuse both forms of testing, the police officer may seek a warrant to compel production of a blood test sample if the officer has probable cause to believe that you were driving under the influence of drugs or alcohol.  Although you may be able to challenge the validity of the blood test later if the officer did not have sufficient evidence to constitute probable cause, you can be forced to submit to a blood test to determine BAC if the officer has obtained a search warrant.

However, the current case pending before the Supreme Court would authorize warrantless blood tests in DUI cases.  The McNeely case involved a trucker who was pulled over by an officer for exceeding the speed limit.  The driver exhibited a lack of coordination, odor of alcohol on his breath, and red eyes.  After failing field sobriety tests (FSTs), he refused to submit to chemical BAC testing.  The police officer drove McNeely to the hospital and had his blood taken without obtaining a warrant or consent.

The government is contending that the exigency exception to the warrant requirement should apply because of the risk of the loss of evidence.  In the area where the DUI occurred, it takes approximately two hours to obtain a warrant so a driver’s BAC may fall below the legal limit by the time a blood sample is drawn.  While it is unclear how the Supreme Court will rule, Justice Roberts characterized the prospect of someone being handcuffed while his or her blood is forcibly extracted as a “pretty scary image.”

Justice Sotomayor expressed concerns that sticking a needle in the arm of a suspect and taking blood seems far more intrusive than a breath test.  McNeely also argued that new technology has sped up the process of obtaining warrants in many areas of the country allowing officers to seek warrants either through an electronic or telephonic application.

A suspect arrested for DUI in Texas should assert his or her right to an attorney and avoid talking to the police.  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.

What Every Texas Driver Should Know about Field Sobriety Tests [Part II]

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This is Part II of our multi-part blog post discussing important information that drivers should know about field sobriety tests (FSTs) if they are stopped after consuming alcohol.  Part I of this blog provided an overview of the types of FSTs that may be administered whereas Part II focuses on key issues relevant to effectively challenging FSTS and minimizing their impact in your Texas DUI prosecution.

The starting point for any analysis of mitigating the impact of FSTs is the knowledge that these tests are completely voluntary.  When the police officer indicates that he or she wants you to participate in FSTs, he will probably not do so in a way that feels particularly like it is totally up to your discretion.  When the person making the “request” is wearing a gun and uniform with the power of arrest, it is not surprising that many motorists assume that they have no right to refuse to perform FSTs.

However, these voluntary exercises are optional and designed to create probable cause for a DUI arrest.  Generally, you should politely indicate you would prefer not to participate unless you are in good physical condition and have had absolutely nothing to drink.  Even under these circumstances, there is little to be gained by participating because FSTs are usually part of a “self-fulfilling prophecy.”  The police officer believes you will fail because you are intoxicated, and this perception will color his evaluation of your performance.  If you already were arrested for DUI and elected to participate in FSTs, here are some common defenses:

Non-Standardized Sobriety Tests Have No Probative Value:

The defense to these types of field sobriety tests is pretty straightforward.  These tests were determined by the National Highway Traffic Safety Administration (NHTSA) to have no reliability in accurately identifying drivers under the influence alcohol.  Because properly trained officers will be aware that these tests offer little more accuracy than calling heads on a coin flip, these tests will usually be conducted as a supplement to the Standardized Field Sobriety Tests (SFSTs).

Unreasonably High Error Rate for Individual SFSTs:

While SFSTs have more accuracy than non-standardized tests, there are many studies that show they are still highly unreliable as an indicator of alcohol impairment.  The accuracy rate of the walk and turn test, for example, is a mere 65 percent according the NHTSA.  In other words, it is only 15 percent more accurate than a coin flip.  The walk and turn is only slightly better at 68 percent while the Horizontal Gaze Nystagmus is only 77 percent accurate.  These error levels do not remotely approach the “reasonable doubt” standard.  When an experienced Texas DUI defense attorney represents clients, he effectively communicates this lack of reliability to a judge or jury.

Lack of Proper Officer Training:

The huge margins for error reflected above are based on SFSTs conducted by experienced police officers under optimal conditions.  The procedures required to properly administer SFSTs are extremely detailed, including a precise demonstration of the walk and turn and one leg stand before asking a motorist to perform these exercises.  Many officers lack adequate training so they may conduct the tests improperly or fail to evaluate the performance of a motorist accurately.  This further compromises the reliability of individual field sobriety tests that are fairly unreliable even under optimal conditions.

Fictional Ordinary Person Standard:

Just as the accuracy of the three SFSTs are based on proper administration of the tests by an officer fluent in conducting these exercises, the results indicated above for individual SFSTs also are based on assumptions about a DUI suspect.  The FSTs assume a healthy person within an average range for weight and age.  Drivers who are over 65 or more than fifty pound overweight may have their results impacted adversely when performing SFSTs.  These factors must be communicated effectively to the judge or jury when they are relevant.

Medical Conditions or Injury:

There are many health conditions or injuries that can impair a motorist ability to effectively perform field sobriety tests.  Anyone suffering from a leg or knee injury, for example, might be expected to struggle with the one leg stand and/or walk and turn.  Similarly, DUI suspects with the flu may have a difficult time focusing or remaining balanced.  If you have a medical condition or injury that may inhibit your performance but elect to take SFSTs anyway, you should inform the officer prior to participating in the exercises.

Environment/Clothing:

Sometimes factors like women wearing high heels, wet ground or extreme heat may impact SFSTs.

Individual Ability:

SFSTs presume that people are comparable in terms of physical ability.  Even if a DUI suspect is not ill or injured, some people are naturally clumsier or less coordinated.  These individual factors can explain a failed FST as well as intoxication in many cases.

While this certainly is not an exhaustive list of defenses that Texas drunk driving defense attorney Alex Tyra may raise to undermine the significant of field sobriety testing, this overview does illustrate a broad range of potential issues that may be raised.  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.

What Every Texas Driver Should Know about Field Sobriety Tests [Part II]

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This is Part II of our multi-part blog post discussing important information that drivers should know about field sobriety tests (FSTs) if they are stopped after consuming alcohol.  Part I of this blog provided an overview of the types of FSTs that may be administered whereas Part II focuses on key issues relevant to effectively challenging FSTS and minimizing their impact in your Texas DUI prosecution.

The starting point for any analysis of mitigating the impact of FSTs is the knowledge that these tests are completely voluntary.  When the police officer indicates that he or she wants you to participate in FSTs, he will probably not do so in a way that feels particularly like it is totally up to your discretion.  When the person making the “request” is wearing a gun and uniform with the power of arrest, it is not surprising that many motorists assume that they have no right to refuse to perform FSTs.

However, these voluntary exercises are optional and designed to create probable cause for a DUI arrest.  Generally, you should politely indicate you would prefer not to participate unless you are in good physical condition and have had absolutely nothing to drink.  Even under these circumstances, there is little to be gained by participating because FSTs are usually part of a “self-fulfilling prophecy.”  The police officer believes you will fail because you are intoxicated, and this perception will color his evaluation of your performance.  If you already were arrested for DUI and elected to participate in FSTs, here are some common defenses:

Non-Standardized Sobriety Tests Have No Probative Value:

The defense to these types of field sobriety tests is pretty straightforward.  These tests were determined by the National Highway Traffic Safety Administration (NHTSA) to have no reliability in accurately identifying drivers under the influence alcohol.  Because properly trained officers will be aware that these tests offer little more accuracy than calling heads on a coin flip, these tests will usually be conducted as a supplement to the Standardized Field Sobriety Tests (SFSTs).

Unreasonably High Error Rate for Individual SFSTs:

While SFSTs have more accuracy than non-standardized tests, there are many studies that show they are still highly unreliable as an indicator of alcohol impairment.  The accuracy rate of the walk and turn test, for example, is a mere 65 percent according the NHTSA.  In other words, it is only 15 percent more accurate than a coin flip.  The walk and turn is only slightly better at 68 percent while the Horizontal Gaze Nystagmus is only 77 percent accurate.  These error levels do not remotely approach the “reasonable doubt” standard.  When an experienced Texas DUI defense attorney represents clients, he effectively communicates this lack of reliability to a judge or jury.

Lack of Proper Officer Training:

The huge margins for error reflected above are based on SFSTs conducted by experienced police officers under optimal conditions.  The procedures required to properly administer SFSTs are extremely detailed, including a precise demonstration of the walk and turn and one leg stand before asking a motorist to perform these exercises.  Many officers lack adequate training so they may conduct the tests improperly or fail to evaluate the performance of a motorist accurately.  This further compromises the reliability of individual field sobriety tests that are fairly unreliable even under optimal conditions.

Fictional Ordinary Person Standard:

Just as the accuracy of the three SFSTs are based on proper administration of the tests by an officer fluent in conducting these exercises, the results indicated above for individual SFSTs also are based on assumptions about a DUI suspect.  The FSTs assume a healthy person within an average range for weight and age.  Drivers who are over 65 or more than fifty pound overweight may have their results impacted adversely when performing SFSTs.  These factors must be communicated effectively to the judge or jury when they are relevant.

Medical Conditions or Injury:

There are many health conditions or injuries that can impair a motorist ability to effectively perform field sobriety tests.  Anyone suffering from a leg or knee injury, for example, might be expected to struggle with the one leg stand and/or walk and turn.  Similarly, DUI suspects with the flu may have a difficult time focusing or remaining balanced.  If you have a medical condition or injury that may inhibit your performance but elect to take SFSTs anyway, you should inform the officer prior to participating in the exercises.

Environment/Clothing:

Sometimes factors like women wearing high heels, wet ground or extreme heat may impact SFSTs.

Individual Ability:

SFSTs presume that people are comparable in terms of physical ability.  Even if a DUI suspect is not ill or injured, some people are naturally clumsier or less coordinated.  These individual factors can explain a failed FST as well as intoxication in many cases.

While this certainly is not an exhaustive list of defenses that Texas drunk driving defense attorney Alex Tyra may raise to undermine the significant of field sobriety testing, this overview does illustrate a broad range of potential issues that may be raised.  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.

What Every Texas Driver Should Know about Field Sobriety Tests [Part I]

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If you have been arrested in Texas for driving under the influence of alcohol or drugs, you will almost certainly be asked to submit to field sobriety tests (FSTs). While these tests are often played for laughs in movies, these tests should be taken very seriously because they may determine whether you are arrested for DUI.  Two of the three standardized FSTs – the walk and turn and one leg stand – are referred to as “divided attention tests.”  The tests require you to divide your attention between a physical task and a mental task.  The police officer will observe your concentration, physical coordination and balance.

When a Texas motorist is pulled over for DUI, the driver will usually be asked to perform these tasks prior to submitting to a roadside portable breath test.  Texas DUI defense attorney Alex Tyra has provided an overview of necessary facts about FSTs that every motorist should be armed with when stopped for DUI.  Part I of this two-part blog post provides an overview of the types of FSTs that a DUI suspect may be asked to perform while Part II focuses on the basis for challenging the probative value of FSTS in a Texas DUI case.

While many people presume that FSTs are based on careful scientific research regarding tasks that intoxicated drivers cannot perform, this is simply not the case.  Initially, it is important to understand that there are two types of FSTs: (1) Standardized Field Sobriety Tests (SFTs) and (2) Non-Standardized Field Sobriety Tests.  This distinction is important because only SFTs have been determined to have any more reliability than flipping a coin.  Non-standardized field sobriety tests include counting the fingers the officer is extending, counting backwards, leaning backwards with your feet together, closing your eyes and alternately touching a finger on each hand to your nose and reciting the alphabet.

While standardized field sobriety test are more accurate, they are still far from compelling evidence when effectively challenged by an experienced Texas DUI attorney.  The SFSTs include the following:

  • Walk and Turn: This SFT requires a motorist suspected of intoxicated driving to take nine heel to toe steps in a straight line then turn on one foot and return to the starting spot in the same manner.  This is one of the two divided attention tasks.  The officer will evaluate both your ability to follow the officer’s directions (the mental task) as well as your coordination in executing the physical task.
  • One Leg Stand: The police officer will ask you to stand on one leg and hold one leg six inches off the ground while counting.  If you are unable to maintain your balance, sway two inches or more, extend your arms for balance, drop the suspended foot before thirty seconds have elapsed or hop, this will be considered a possible indication that you are impaired.  This also is a divided attention test because you must focus both on maintaining your balance and keeping your foot suspended while your mind is diverting to the task of counting.
  • Horizontal Gaze Nystagmus: This test involves measuring the involuntary jerking motion of the eye that normally occurs when peripheral vision is employed.  While the jerking motion is natural, it becomes accentuated when someone is impaired by alcohol.  The officer looks for smoothness in following an object (usually a penlight flashlight) with the eye, eye jerking within 45 degrees of center and distinct jerking movement when the eye is at the extreme periphery.

We invite you to review Part II of this two-part blog post, addressing the various strategies that may be employed when attacking field sobriety test results.  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

Why You Are the First Line of Defense in a Texas DUI Case

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When drivers see the flashing lights in your rearview mirror after a night with friends or family and a few drinks, the sense of dread that envelopes most drivers is understandable.  The inevitable interaction you are about to have with a law enforcement officer will determine whether you drive home or the officer hauls you off to jail.  Most people presume that a DUI arrest and conviction is inevitable in such a situation, but many people drive home following such encounters while only fifty percent of those who take a DUI case to trial are convicted.  What every motorist should keep in mind is that your decisions and behavior when stopped after consuming alcohol in Texas can significantly impact both the short-term and long term outcome of this confrontation.  We have provided some helpful tips that may put the odds in your favor:

Defuse Officer Hostility: Police officers have a difficult job when they pull a driver over.  Many officers are shot during these encounters so officers have a certain amount of apprehension when pulling over a vehicle.  Drivers who do a lot of reaching around in their vehicle or place their hands where an officer cannot see them will only increase the apprehensiveness of the officer.  When you pull over, you should promptly remove your license from your wallet and grab your vehicle registration and hold both documents in your hand while keeping your hands visible on the steering wheel.  The officer will ask for these documents so simply hand them to the officer when he asks.

Be Cooperative But Not Too Cooperative: While you should be courteous and respectful, you are not obligated to provide information about any of the following issues about which the officer may inquire:

Where are you headed?

Have you been drinking?

How much have you had to drink

Where are you coming from?

If you have had anything to drink, you should never volunteer answers to any of these questions.  The officer’s inquiries have two objectives.  The first objective is simply to get you to admit information that will provide sufficient basis to conduct a DUI investigation and/or support probable cause for a driving under the influence arrest.  If you are asked these questions, a polite response that you would rather not answer any questions without a lawyer is appropriate.  The officer will also be observing you during this interaction for signs of intoxication.  Common physical signs that appear in police reports that are alleged to suggest intoxication include odor of alcohol on the breath, watery bloodshot eyes, slurred speech and lack of coordination.  The more you engage in a discussion with the officer the more opportunity the officer has to look for these signs of alcohol impairment.

Just Say No: The officer may ask you to participate in field sobriety tests (FSTs) and take a portable breath test.  Motorists are not required to participate in either of these activities so there is no benefit in doing so if you have had even a small amount to drink before driving.  FSTs have many flaws and portable breath tests can also be inaccurate so you should simply ask the officer if either type of testing is completely accurate.  The officer will not be able to claim that they are completely accurate, which provides a basis for you to justify waiting until you talk to an attorney before performing any testing or answering any questions.

While following these tips will not necessarily prevent a DUI arrest, police officers will generally have less evidence to establish probable cause for an arrest.  If the officer is not able to rely on physical signs of impairment, FSTs or a portable breath test, the evidence available for a Texas DUI prosecution may be sparse.  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.

 

DWI Crime Ends With Four Children Seriously Injured

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In our lives we are faced with decisions each day that ultimately impacts our present, and our future. Whether we are deciding upon what we would like to eat today, whether or not we should have a night on the town, or simply if we should by the sweater or not; we are constantly faced with options that both can result in very different consequences. However, one decision that many individuals are making today is that of driving while intoxicated. When an individual gets behind the wheel of a motor vehicle under the influence they are not only recklessly putting themselves at risk of being involved in an automobile accident, but anyone and anything else that enters their path.

The Facts of DWIs

Driving while intoxicated is one crime that varies very situational depending on many factors such as what substance you are operating your motor vehicle under, the amount of the substance you are under the influence of, the damage that erupted from the crime, as well as if you had any past DWI discrepancies. When you are charged, and later convicted of a DWI crime the consequences that are associated with the crime impact your life from here on out, which can cause you many issues within your personal, and professional life.

What You Can Expect

Recently, a woman was operating her vehicle while under the influence of alcohol, and had children present in the vehicle. In Texas, it is illegal to drive with a blood alcohol content over that of 0.08. Consequences associated with the crime also become harsher with a child under the age of 18 present within the vehicle. The driver of the vehicle proceeded to go through a traffic light after it turned red and was struck by oncoming traffic. As a result, the four children present in the vehicle were rushed to a hospital with serious injuries that were in relation to the crash.

Today, the woman is now being seen as intoxicated while behind the wheel and her case will soon be taken to court. However, if you are suspected of driving while intoxicated, or are falsely accused, you need an experienced, criminal defense attorney to fight for your rights, your case, and your life.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499.  All initial consultations are free.  Phone calls are answered 24 hours a day, 7 days a week.

DWI Crime Ends With Four Children Seriously Injured

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In our lives we are faced with decisions each day that ultimately impacts our present, and our future. Whether we are deciding upon what we would like to eat today, whether or not we should have a night on the town, or simply if we should by the sweater or not; we are constantly faced with options that both can result in very different consequences. However, one decision that many individuals are making today is that of driving while intoxicated. When an individual gets behind the wheel of a motor vehicle under the influence they are not only recklessly putting themselves at risk of being involved in an automobile accident, but anyone and anything else that enters their path.

The Facts of DWIs

Driving while intoxicated is one crime that varies very situational depending on many factors such as what substance you are operating your motor vehicle under, the amount of the substance you are under the influence of, the damage that erupted from the crime, as well as if you had any past DWI discrepancies. When you are charged, and later convicted of a DWI crime the consequences that are associated with the crime impact your life from here on out, which can cause you many issues within your personal, and professional life.

What You Can Expect

Recently, a woman was operating her vehicle while under the influence of alcohol, and had children present in the vehicle. In Texas, it is illegal to drive with a blood alcohol content over that of 0.08. Consequences associated with the crime also become harsher with a child under the age of 18 present within the vehicle. The driver of the vehicle proceeded to go through a traffic light after it turned red and was struck by oncoming traffic. As a result, the four children present in the vehicle were rushed to a hospital with serious injuries that were in relation to the crash.

Today, the woman is now being seen as intoxicated while behind the wheel and her case will soon be taken to court. However, if you are suspected of driving while intoxicated, or are falsely accused, you need an experienced, criminal defense attorney to fight for your rights, your case, and your life.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499.  All initial consultations are free.  Phone calls are answered 24 hours a day, 7 days a week.

Trick-or-Treat: DWIs This Halloween

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Driving is one aspect of our lives that we ultimately practice almost every day. Whether we are behind the wheel, and on the road commuting to and form work, running one of our never ending errands, or dropping off the kids at soccer practice it feels like the majority of our lives are spent on the road. While we would like to believe that we are safe every time we are “out and about” that is simply just not the case at all. Today, many drivers are not only driving recklessly, but also driving while intoxicated.

The Facts of The Matter

Halloween is one holiday this month that will mean many people will be out on the road from now up until the actual holiday running around town trying to find the perfect costume, decorations, and picking up candy for the infamous little trick-or-treaters. However, another aspect of life that will be on the road this holiday season is that of alcohol. While Halloween is one holiday that many children partake in and enjoy, and adults do as well, which gives them the opportunity to blow of steam, dress up, and have a little fun. Usually, adults observing the holiday will either go to either a function, or a party, which usually means alcohol will be a guest as well.

However, Halloween is one holiday that drivers, and parents alike need to make sure alcohol and DWIs are far away from any road. Halloween produces many pedestrians out on sidewalks, and roads trick-or-treating, or visiting with friends and neighbors while enjoying the cool, Fall weather now upon us. In the past, we can see many cases in which adults have participated in Halloween functions, became intoxicated, and got behind the wheel of a vehicle thinking they were sober enough to operate their vehicle. Unfortunately, the consequence of these drivers getting behind the wheel while intoxicated, especially during this holiday season not only result in serious injuries, both from motor vehicle operators and pedestrians alike, but also death.

This Halloween make sure that the holiday is not a trick, and a treat for all motor vehicle operators, pedestrians, and trick-or-treaters by following the rules of the road properly, and keeping alcohol off the road.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499.  All initial consultations are free.  Phone calls are answered 24 hours a day, 7 days a week.

Do You Understand Implied Consent?

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As Americans the majority of us drive every single day, especially in a state as large as Texas. We rely on driving for multiple things whether it is getting from home to work and back, running errands, picking up our loved ones, or simply going on a vacation. Although driving has a lot of positive uses in our world today it can be very negative in the blink of an eye, especially when alcohol enters the mix of things. Driving under the influence not only seriously injuries, but also kills thousands each and every year.

Understanding The Basis of Implied Consent

Usually, if you were to discuss a DWI crime with a few individuals you might would here some very similar ideas such as: arrest, jail, fines, but more importantly that of a field sobriety, and breathalyzer test. What are a field sobriety test, as well as a breathalyzer exam? A field sobriety test is given by law enforcement officers to test the response, and reaction of the driver, as well as their balance when they are suspected to be driving under the influence. A breathalyzer test requires an individual to blow into a device, which then registers their blood alcohol content, or BAC, onto a scale. Currently, .08 BAC is the legal limit of an individual driving a motor vehicle in the majority of the United States.

The Answers You Truly Need

Yet, do you even have to participate in these tests? Many individuals are under the impression that since law enforcement officer ask them or tell them to participate in these tests that they simply do not have a chance. However, yes, you can refuse to participate in either one, or both of these tests. While you can refuse to participate in the examinations you can expect that your license will be suspended, as well as you may be required to submit to a blood test if ordered by the court of law.

Although accidents are a common part of life, driving under the influence is one accident that you may never recover from. If you or a loved one has either been charged, or falsely accused of driving under the influence you need the help of a dedicated, and understanding DUI attorney to help you every step of the way. If not, you could easily be convicted, and live with the consequences of a DUI for the rest of your life.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499.  All initial consultations are free.  Phone calls are answered 24 hours a day, 7 days a week.