Defense Strategies Involving Medical Issues in a DWI Case in Texas

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Driving While Intoxicated (DWI) charges in Texas are serious offenses, carrying substantial penalties and a lasting impact on an individual’s personal and professional life. However, not every DWI charge is as clear-cut as it seems, and certain circumstances—particularly medical conditions—can lead to wrongful accusations. In such cases, defense strategies involving these medical conditions can play a significant role. This article explores such strategies and provides insights on the intersection between medical issues and Texas DWI laws.

Auto-Brewery Syndrome – Auto-Brewery Syndrome (ABS), also known as gut fermentation syndrome, is a rare medical condition where an individual’s digestive system produces alcohol due to an overgrowth of yeast in the gut. This internal alcohol production can sometimes cause a falsely high blood alcohol content (BAC), leading to wrongful DWI charges. If a defendant can provide medical proof of this condition, it can be a viable defense strategy.Diabetes

Individuals with diabetes may exhibit symptoms that mimic intoxication, such as disorientation, confusion, and even the smell of alcohol on their breath due to ketoacidosis—a complication of diabetes. A diabetic episode can potentially skew a field sobriety test, leading to a wrongful arrest. With proper medical documentation and expert witness testimony, a defense attorney can argue that the symptoms were due to a diabetic episode and not alcohol-induced.

GERD (Gastroesophageal Reflux Disease) – GERD can potentially interfere with breathalyzer tests. In people with GERD, stomach contents reflux back up into the esophagus, which can result in a falsely high BAC reading. If an individual can demonstrate that they have been diagnosed with this condition, it can be utilized as a defense strategy to challenge the breathalyzer results

Hypoglycemia – Hypoglycemia, or low blood sugar, is a condition that can mimic signs of intoxication, including confusion, dizziness, and problems with coordination. Hypoglycemia is often linked with diabetes but can occur independently as well. Evidence of this condition, corroborated with medical records and expert witness testimony, can be a valid defense against DWI charges.

The Role of Expert Witnesses

In DWI defense cases involving medical conditions, expert witnesses often play a crucial role. They provide specialized knowledge and understanding of how these conditions can mimic intoxication or interfere with DWI testing. Medical practitioners, psychologists, forensic toxicologists, and other experts can provide credible and persuasive testimony, helping to build a robust defense.

While Texas takes a hard line on DWI offenses, the law also acknowledges that medical issues can affect the results of sobriety tests and the symptoms of intoxication. Therefore, understanding these medical defense strategies is critical. However, it’s essential to remember that these defenses require careful presentation and robust supporting evidence, preferably with the assistance of an experienced DWI defense attorney. Using these strategies effectively can mean the difference between conviction and acquittal in a DWI case.

Understanding Texas Administrative Law Review Hearings

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Facing a criminal charge of DWI in Texas is a frightening experience, and there are some important actions to take after you have been arrested for DWI in Texas. Failing to take these actions can have a significant negative impact on your life. For example, a DWI defendant only has fifteen days from the date of the DWI arrest to maintain their right to fight for their driving privileges by requesting an Administrative Law Review hearing. By not fighting for your driving privileges, those driving privileges are automatically taken away.

In the State of Texas, an Administrative Law Review hearing, or ALR hearing, is a civil proceeding brought by the state DMV against a driver who either refused an alcohol chemical test after being arrested for suspicion of DWI or a driver failed an alcohol breath, urine, or blood test. Texas state law also includes a provision that states drivers in Texas who operate vehicles on public roads automatically give their implied consent to provide a breath or blood alcohol test once they have been arrested for DWI and after they have been advised of the consequences of refusing chemical testing.

The consequence of refusing an alcohol chemical test is the probability of receiving a driver’s license revocation. Occasionally, how law enforcement officers explain the license suspension process to defendants is hard to understand. This is true when trying to understand when and how a license suspension will take effect. For example, some officers explain to a DWI suspect that once they were arrested, their driver’s license was automatically suspended. Some state that their driver’s license was immediately suspended once they refused to submit to blood or breath chemical testing. Clearly, this is not accurate.

Although the arresting officer will physically take the driver’s license into their possession, the suspected drunk driver will be given a temporary driver’s permit that is valid for forty days. Once the forty days have passed, the suspected drunk driver will have their driver’s license automatically suspended unless they request an ALR hearing within fifteen days of the arrest. By requesting an ALR hearing, the defendant can contest the proposed suspension of their driver’s license. Also, the defendant’s DWI Attorney can review all of the evidence that will be used against the defendant in their criminal trial. ag and delays the imposition of any ALR sanctions until the hearing takes place.

At the ALR hearing, the Department of Public Safety will try to prove that your driver’s license should be suspended for producing a breath or blood test resulting in a reading of .08 or higher or for refusing to submit to chemical testing as required by law. The DPS must prove four different elements, including there was reasonable suspicion for the vehicle stop, the driver was driving or in control of a vehicle on a public road while intoxicated, the driver was ordered to voluntarily participate in testing and was given both oral and written notice of the consequences of chemical test refusal, and the driver refused to participate in testing after being ordered by the officer to do so. If the DPS does not prove their case, then a driver’s license suspension cannot be issued, and your driver’s license must be returned to you.

With something so important at stake, it is a good idea not to go it alone. Texas DUI Defense Attorneys are well-versed in the ALR process, and an experienced attorney can help you to present your best case against the proposed license suspension. 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.

How Prescription Drugs May Affect Your Texas DWI Case

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Millions of people throughout Texas are prescribed daily medication for the treatment of 1,000s of ailments. In some cases, patients have been prescribed medications that contain narcotic medication to treat pain. Of course, most people take their medications as directed by their doctors. When patients follow their doctor’s directions and take the medications as prescribed, they know that they are doing the right thing for their health. Tragically, most people do not understand that they could be committing the crime of driving while intoxicated while driving while “on” their medicine. This is especially true when the driver is taking Schedule I or Schedule II controlled substances, which are these regulated by law. These medications may include Adderall, Ambien, Ritalin, Percocet, Klonopin, and codeine. These medications are classified as Schedule I or Schedule II drugs.

In Texas, a patient taking a controlled substance for medicinal purposes can be criminally charged with DWI. In Texas, taking a Schedule I or II drug or any mind-altering drug is driving under the influence. Pain medications are some of the most commonly incriminated medications in prescription drug DWI cases. Other drugs that could lead to a DWI include sleeping pills, anti-seizure medications, antidepressants, and anti-anxiety medications. A driver who has been caught having one or more of these substances in their system at the time of their arrest may be subject to severe DWI punishments if they have been driving.

Any Texas motorist who drives while taking prescription medications and have been charged with a DWI must contact our Texas DWI Defense Attorney as soon as possible to protect their legal rights. Should you or a loved one be charged with a prescription drug-related DWI, an experienced attorney may be able to present evidence that you were taking a Schedule I or Schedule II medication as prescribed to you by your physician. Drivers should understand that a valid prescription, on its own, won’t always lead to a successful DWI defense. A prescription drug-related DWI defense requires providing evidence that your medication, at the dosage prescribed, does not impair your ability to operate your motor vehicle safely. This is because, unlike the well-known .08 BAC standard for alcohol, the Texas Penal Code does not specify levels of prescription drugs that would indicate impairment if they were present in a blood sample.

Texas DWI Defense Lawyer Alex Tyra – Protecting the Rights of Texas DWI Defendants

All Texas DWI cases are different, and each DWI defendant deserves to have a legal professional who works hard and pursues a carefully crafted DWI defense strategy. 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.

Texas DWI Laws Are Serious and Severe

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Many Texans travel all over the country to enjoy the wonderful sights and beauty of our country. People visit the natural wonders of each state, sightsee popular locations, and eat the unique cuisines of each city. However, most people do not always have the law on their minds. State laws vary from state to state, depending upon the legal issue. Several people make the mistake of not taking into account the laws of other states.

“Don’t Mess With Texas” is a popular phrase for people who live in the state of Texas. Texas DWI laws for public and commercial motorists are very severe. So, it is not smart to “Mess With Texas” DWI laws. Texas is one state where out-of-state drivers should avoid drinking and driving due to the severity of its DWI laws, which seem to increase in severity each year.

When a driver is pulled over due to an officer’s suspicion of DWI, Texas law enforcement officers will perform a routine examination which may include a field sobriety test is performed, a breathalyzer, and a possible urine and blood sample to determine the blood alcohol content (BAC) levels of the driver.

Regardless of the driver’s driving record or age, a driver that is being investigated for DWI can always count on the law to be carried out to its full extent. It is important to avoid driving any vehicle, bicycle, or scooter after consuming alcohol. Drivers should always consider having a designated driver or using ride-sharing services if they decide to drink alcohol or consume drugs.

Contact The Law Office of Alex Tyra, P.C. for your Free Consultation when you need assistance from an experienced DWI Attorney in Texas 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.

What is a Texas Occupational Driver’s License?

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If you have been arrested and charged with a DWI in Texas, you must request a driver’s license administrative hearing as quickly as possible to be able to protect your ability to drive. In Texas, a person loses their driver’s license when they decline blood or breath chemical testing during a DWI investigation or if the driver’s chemical testing shows their blood alcohol concentration is .08 or higher. The law enforcement officer is required to provide you with a Notice of Suspension. This Notice of Suspension is a 40-day temporary driver’s permit. However, driver’s charged with DWI only have 15 days from the date of their charge to request an Administrative License Revocation (ALR) hearing to fight for their driving privileges. Failure to do so will result in the automatic driver’s license suspension on day 40 after the date of the Notice of Suspension.

ALR hearings are very important for several reasons. First, you and your attorney can fight to get your driver’s license back. Also, this helps your DWI attorney to review the evidence against you and properly prepare for the DWI criminal proceeding. At an ALR hearing, your DWI attorney can request certain evidentiary items that will help them understand how the State Attorney will handle the DWI criminal trial.

In Texas, our attorney can help you fight for an occupational license. An occupational license is a restricted driver’s license issued to drivers who had their regular driver’s license suspended or revoked due to certain criminal offenses. An occupational license permits you to operate non-commercial motor vehicles to school, job, or to perform certain household duties such as grocery shopping. There are special requirements that you must meet to obtain an occupational license in Texas, including providing a pink SR-22 certificate of insurance, paying certain fees, and providing a certified copy of the petition.

Should you or a loved one be arrested and charged for DUI/DWI in Texas, you will want to know the answers to common questions.

  • If convicted, what penalties and punishments am I facing? 
  • Can I avoid a jail sentence? 
  • How will a DWI conviction on my record impact my future employment and current job?
  • Will other people find out that I have was arrested for DWI

It is vital that you speak with an experienced East Texas DWI defense attorney immediately for the answers that you can trust to those important questions. Call (903) 753-7499 or e-mail the firm to receive your free initial consultation.

Can You Defend Against Field Sobriety Test Faiures in a Texas DWI Criminal Trial?

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Absolutely. However, to beat the State’s case against you, our East Texas DWI Defense Attorney has to attack the validity of the prosecution’s field sobriety tests and other evidence.

When a driver is pulled over and the law enforcement officer begins a DWI investigation against the driver, it is very common for the officer to order the driver to submit to what is called a “Field Sobriety Test.” These tests are performed in front of the police cruiser’s camera and voice recorder and is used as evidence in a DWI criminal case.

However, that evidence could be suppressed weakening the State’s case against you. According to the National Highway Traffic Safety Administration (NHTSA) manuals, if the Field Sobriety Tests were not performed properly by the law enforcement officer, or if performed without following to the training protocols, the validity of those Field Sobriety Tests and subsequent evaluations could be compromised. In other words, our attorneys may be able to persuade the judge to throw out your Field Sobriety Tests. This could help us to either plea down your DWI charge or have your case dismissed all together.

Most Field Sobriety Tests have very low reliability ratings. Meaning, these tests are far from being 100% accurate. Moreover, experienced DWI defense attorneys understand that 98% or more of law enforcement officers conducting these Field Sobriety Tests conduct them in a way not approved by the SFST guidelines. Most officers also grade the evaluations incorrectly. When these tests are performed incorrectly, these evaluations have no predicted reliability.

The latest scientific research of Field Sobriety Test scoring and protocols have put the NHTSA “Standardized Field Sobriety Tests (“SFSTs”) into question. An increasing number of DWI courts are now declaring these tests as invalid.

If you, a friend, or a member of your family has been arrested and charged with DUI/DWI in Texas, speak with our experienced East Texas DWI defense lawyer immediately for the answers to your important questions.

Call (903) 753-7499 or e-mail the firm to schedule your free initial consultation.

Can You Defend Against Field Sobriety Test Faiures in a Texas DWI Criminal Trial?

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Absolutely. However, to beat the State’s case against you, our East Texas DWI Defense Attorney has to attack the validity of the prosecution’s field sobriety tests and other evidence.

When a driver is pulled over and the law enforcement officer begins a DWI investigation against the driver, it is very common for the officer to order the driver to submit to what is called a “Field Sobriety Test.” These tests are performed in front of the police cruiser’s camera and voice recorder and is used as evidence in a DWI criminal case.

However, that evidence could be suppressed weakening the State’s case against you. According to the National Highway Traffic Safety Administration (NHTSA) manuals, if the Field Sobriety Tests were not performed properly by the law enforcement officer, or if performed without following to the training protocols, the validity of those Field Sobriety Tests and subsequent evaluations could be compromised. In other words, our attorneys may be able to persuade the judge to throw out your Field Sobriety Tests. This could help us to either plea down your DWI charge or have your case dismissed all together.

Most Field Sobriety Tests have very low reliability ratings. Meaning, these tests are far from being 100% accurate. Moreover, experienced DWI defense attorneys understand that 98% or more of law enforcement officers conducting these Field Sobriety Tests conduct them in a way not approved by the SFST guidelines. Most officers also grade the evaluations incorrectly. When these tests are performed incorrectly, these evaluations have no predicted reliability.

The latest scientific research of Field Sobriety Test scoring and protocols have put the NHTSA “Standardized Field Sobriety Tests (“SFSTs”) into question. An increasing number of DWI courts are now declaring these tests as invalid.

If you, a friend, or a member of your family has been arrested and charged with DUI/DWI in Texas, speak with our experienced East Texas DWI defense lawyer immediately for the answers to your important questions.

Call (903) 753-7499 or e-mail the firm to schedule your free initial consultation.

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 Discusses the Dangers of Repeated DWI Offenses

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A young man is dead after the vehicle he was driving was hit by a drunk driver who did not yield the right of way. The drunk driver turned left in front of the oncoming vehicle, which had the right of way at the intersection. The vehicles collided. The twenty-year-old man died at the crash scene. The drunk driver was arrested after he was transported to a hospital to be examined for injuries and exhibited signs of intoxication. This is the fourth time that this particular driver has been arrested for DWI. The driver was convicted of DWI after each of his three previous arrests. In addition to DWI charges, the driver faces a felony murder charge in connection with the fatal crash.

Repeat offense DWI drivers face increasing penalties each time they drive drunk. Unfortunately, the high number of drivers who continue to drink and drive illustrates that the threat of harsher penalties may not be enough to keep people from continuing to drink and drive after they are convicted of a DWI. Approximately one in three drunk driving arrests involve people who have already been arrested for DWI one or more times.

Repeat DWI offenders are four times as likely as first-time offenders to be involved in an alcohol-related car crash. The risk of a wreck increases with each subsequent DWI conviction. Twenty-eight people die from alcohol-related wrecks every day in America. One or more people are hurt in alcohol-related crashes every one and a half minutes. In alcohol-related wrecks that result in one or more deaths, the blood alcohol level of the driver who caused the collision is often double the legal limit. Repeated drunk driving is hazardous, even if you are never arrested for it.

There are individuals who choose to drink and drive even though they are fully aware of both the increased penalties associated with repeat DWI convictions and the increased risk of an automobile wreck that accompanies repeated incidences of driving drunk. Alcohol addiction is a serious concern, and if you believe that you or someone you know is struggling with alcohol addiction, it is essential that you seek help or encourage them to seek help. People can overcome alcohol addiction and the struggles that go along with it, but they cannot do so on their own. When people who struggle with alcohol addiction are connected with people or organizations who are trained to help them, they are more likely to overcome their addiction than people who try to fight against it on their own.

If you are facing DWI charges, a Texas DWI Defense Attorney can help you protect your liberty, your family, and your freedom. They can also handle the legal details of your DWI case while you focus your energy on recovering from the personal concerns that your DWI arrest created in your life. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.