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.

Texas DWI Defense Attorney Shares Three Possible Elements of a DWI Defense Strategy

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The circumstances of each DWI case are unique. However, within each DWI case, there are similarities between that case and other DWI cases that can provide a skilled DWI defense opportunity with opportunities to challenge the State’s case against the defendant. Today, I would like to share three possible areas of your DWI case that your attorney might be able to use to challenge the validity of the State’s case against you.

The first challenge to your DWI charges could come from something that happened even before you were pulled over. The law enforcement officer who stopped you must have had a reasonable suspicion that you were breaking one or more laws. Things like speeding or swerving can contribute to an officer’s reasonable suspicion. Courts tend to accept most officers’ explanations of why they had a reasonable suspicion that a driver was violating one or more laws. Sometimes an officer cannot articulate why they stopped a driver or which law they suspected the driver of breaking, so drivers must be aware of the possibility of a challenge to the traffic stop itself. If a court finds that there was not a reasonable suspicion behind an officer’s decision to pull a driver over, any information or evidence that the officer obtained during that traffic stop is inadmissible and cannot be used in a case against the defendant.

A second opportunity to challenge your DWI charges comes from the officer’s decision to continue the traffic stop for a longer time than they needed to write you a ticket. An officer must have probable cause to believe that you are intoxicated before they continue to keep you stopped on the side of the road to investigate the situation further and possibly arrest you. Things like open alcohol containers, bloodshot eyes, and slurred speech can contribute to probable cause. If a defendant can show that the officer did not have probable cause to continue the traffic stop and make the arrest, a court could decide that the arrest was unlawful. Evidence and charges that result from an illegal arrest can be challenged. If the State has too little evidence to pursue a case against a defendant, the charges against that defendant may be dropped.

Law enforcement officers must make arrests in accordance with all applicable laws, without violating the constitutional rights of the defendant. For example, if the officer who pulled you over did not read you your rights, you can challenge the lawfulness of the arrest. A skilled Texas DWI defense attorney can identify possible challenges to the State’s case against you and build a defense strategy that could reduce the State’s chance of success in its case against you. To learn more about how a Texas DWI Defense Attorney can help you work through your DWI case, call Attorney Alex Tyra today. Call us today at (903) 753-7499, or fill out a convenient online contact form on our website.

Texas DWI Defense Attorney Says Evaluating Truthfulness of Witnesses is Part of a Strong Defense

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If you are the defendant in a Texas DWI case, it is critical that you pursue the resolution of your case with the aid of a Texas DWI defense attorney. DWI defense attorneys are skilled in crafting effective strategies that have the potential to prevent the conviction of innocent clients and obtain a fair resolution of cases in which defendants did drive while intoxicated. Texas DWI defense attorneys build defense strategies for their clients based upon their experience in defending others charged with similar crimes as well as the facts of each client’s case.

Witnesses are an essential component of any criminal law matter, and DWI cases are no exception. A skilled defense attorney evaluates the credibility, the reputation for truthfulness, of each witness that the state plans to bring before the court to speak on the prosecution’s behalf. Sometimes, discrediting a witness who has proven to be untruthful in other matters can be critical to a court’s decision to find an innocent defendant not guilty. At the very least, exposing witnesses who are likely to be untruthful demands that the prosecution present truthful witnesses with quality testimony to support their version of what happened.

It is especially critical that defense attorneys examine the quality of police witnesses. Prosecutors often bring law enforcement officers before the court as witnesses in DWI cases. Unfortunately, not all of those officers are honest, and prosecutors do not always examine the conduct and history of the officers they plan to call as witnesses. The result is that some officers whose previous behavior ought to disqualify them from testifying in a DWI matter appear as witnesses.

Sometimes, prosecutors are even able to wrongfully obtain convictions based on the testimony of individuals who should not have been allowed to testify. This is not only wrong, it is unconstitutional. In 1963, the United State’s Supreme Court issued a decision in the case of Brady v. Maryland that requires prosecutors to inform all persons accused of crimes of the existence of any evidence that might aid in their defense. The Brady decision includes, but is not limited to, disclosing information about police witnesses who have been found guilty of misconduct on the job or of lying.

One reason that prosecutors are failing to comply with the requirements of Brady is that they do not track the behavior of the officers they call as witnesses. They also do not question the integrity of those officers before putting them on the witness stand.  The problem doesn’t just exist in Texas; it is an issue of national concern – over three hundred prosecutors’ offices in cities large and small do not keep lists of dishonest officers. In places where such lists are kept, they are often not accessible to the public so their compliance with the requirements of Brady or the lack thereof cannot be known. It is critical that the public pressure prosecutors to maintain and make available “Brady” lists. Failure to keep to those lists and disclose them can prevent defense attorneys from being able to access information about witnesses that could aid them in preparing the best possible defense for their clients, which is not only wrong but also unconstitutional.

A Texas DWI Defense Attorney can help you navigate your Texas DWI case. Call Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

Texas DWI Defense Attorney Talks About Teens, Young Adults, and DWI

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DWI defendants of all ages face harsh penalties and consequences that affect their lives presently as well as into the future. Teens, young adults, and their parents, must familiarize themselves with the range of penalties that exists for Texas drivers between the ages of seventeen and twenty-one. It is also crucial that young drivers and their parents understand the possible long-term consequences that DWI charges could have for their children and their family.

Young drivers and their parents must understand that both civil and criminal penalties can follow a DWI or a DWIA by a Minor conviction. If a driver is under seventeen years of age, they are not allowed to have any detectable alcohol in their body while they are driving. This is why Texas is said to have a “Zero Tolerance” policy for drinking and driving by minors. When a driver under the age of seventeen is found to have a detectable amount of alcohol in their body, they will likely be charged with the offense of DUIA by a minor, as it is commonly called. It is a Class C misdemeanor, and a first offense is punishable by any or all of the following: a fine of up to five hundred dollars, license suspension for sixty to one hundred and eighty days, community service, and attendance at an alcohol awareness course. As with adult DWI cases, the penalties for DUIA by a Minor increase for subsequent offenses.

Drivers between the ages of seventeen and twenty-one can be charged with DWI by a Minor, a Class B misdemeanor. These charges are punishable by up to a year of license suspension, a fine of up to two thousand dollars, and anywhere between three days and one hundred and eighty days in jail. Repeat offenders are penalized even more seriously, with a second offense increasing to a Class A misdemeanor with up to four thousand dollars in fines, one month to one year in jail, and up to eighteen months of license suspension. Things get even more severe if there’s a third offense. For a third-time offender, the offense is charged as a third-degree felony, along with a fine of up to ten thousand dollars, two years of license suspension, and between two and ten years of jail time.

Those penalties are harsh and are intended to deter would-be drunk drivers. Young drivers may be aware of those penalties, but they may not know the full extent of how a DUIA by a Minor or DWI by a Minor could affect their lives. Teens and young adults are at a time in their lives when they are working towards the things they envision for their future. A conviction for a DUIA by a Minor or DWI by a Minor can make achieving many of those dreams more difficult by limiting access to some programs and some sources of funding that young people rely on to help them get where they want to go.

A Texas DWI Defense Attorney can help you understand your rights and your options if you or your child have been charged with DUIA by a Minor or DWI by a Minor. Call Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

 

Texas DWI Defense Attorney Explains New DWI Law

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Drivers in Texas can expect to see some changes to the state’s DWI laws very soon. As of September 1, 2019, the state of Texas is implementing a change in the way that DWIs are handled. Proponents of the new Texas DWI law hope that it will discourage second and subsequent DWI offenses. Before the new law takes effect, first-time DWI offenders cannot obtain a deferral of their sentence through probation. After September 1, probation and deferred sentencing will be available to first-time offenders with a blood-alcohol level of less than .15 who comply with the strict conditions that the new law will require of them. Among the severe conditions that a defendant must meet to obtain a deferral is installing an ignition interlock device on their vehicle and using it properly. Since ignition interlocks have come into widespread use alongside license suspension, they have been a game-changer that has prevented many more repeat DWI offenses than license suspension alone. While over half to two-thirds of drivers with suspended licenses continue to get behind the wheel during their license suspensions, ignition interlock devices have prevented over three hundred thousand vehicle starts over the past twelve years.

The seemingly generous offer of deferment comes with harsh penalties that come into effect if a second offense occurs at any time. One of the harsh penalties is the enhancement of the second DWI to a higher class offense. This and other penalties reveal the spirit of the new law, which is aimed at encouraging first-time offenders to choose not to drink and drive by mitigating the consequences of the first offense on the one hand and promising harsh consequences for re-offending on the other hand.

Perhaps the best thing that the new DWI law offers first-time offenders is complete forgiveness of their offense after successful completion of probation for so long as they do not re-offend. If you take your first offense DWI seriously and make the necessary changes in your life to ensure that it never happens again, you can move forward with your head held high, free of the life-long consequences that can follow a DWI conviction. It takes serious commitment and a real and lasting change of heart to make that happen, but the results are worth it, both for the driver who gets the second chance and the lives that are potentially saved as the result of that driver’s conscious choice to never drive under the influence of alcohol again.

While the new Texas DWI law is good news for some drivers, drivers must understand that not every first-offense DWI defendant will qualify for deferred sentencing through probation. As I mentioned before, the defendant’s blood-alcohol level must not exceed .15. Also, the state can deny deferral for some DWI offenses regardless of blood alcohol content.

Texas’s new DWI law can benefit many first-time DWI offenders. However, any driver who is charged with DWI would do well to work with a Texas DWI Defense Attorney to resolve their DWI case. As I mentioned earlier, deferred sentencing is not automatic for first-time offenders, and all DWI defendants need support as they proceed through their DWI case. Call Texas DWI defense attorney Alex Tyra today,  at (903) 753-7499, or fill out a contact form on our website.

 

Texas DWI Defense Attorney Reminds Boaters to Know and Follow Texas Boating Rules

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Last year, twenty-nine people died, and many more were injured in hundreds of boating accidents throughout the state of Texas. This year, boating season opened with water levels that are higher than usual, and Texas game wardens were out in force patrolling lakes and other waterways in an effort to remind boaters to make safety their top priority.

People who enjoy boating in Texas should be aware that there are safety rules that they must follow when they go out on the water. For example, a life jacket must be available for each person on the boat. Children who are age thirteen or younger are required by law to have their life jacket on at any time while the boat is moving or drifting. Game wardens can and do issue citations for violations of the state’s life jacket rules, which exist for the purpose of saving lives. Drowning causes many boating accident fatalities, and most drowning victims were not wearing life jackets at the time that they drowned. Boat operators are encouraged to take an additional step to protect their lives and the lives of their passengers and attach the clip for the boat’s kill switch to their life jacket. Kill switches have the potential to save many lives in boating accidents, and many boats have them. Unfortunately, they only work when they are used correctly, which means attaching the clip to the operator’s life jacket. Be sure that you learn and follow all boating laws that apply to you and your watercraft before you go out on the water this summer.

As game wardens throughout the state monitor lakes and waterways this boating season, life jackets are not the only thing they’ll be looking for. Intoxicated boaters cause many boating accidents, injuries, and deaths each year. If you operate a boat or any other watercraft when your blood alcohol level is above 0.08, you can be charged with the offense of boating while intoxicated. If you are convicted, you may face fines, jail time, and the loss of your drivers’ license.

Boaters are also required to report certain boating accidents. Contact the Texas Parks and Wildlife Department or a local law enforcement agency if you are involved in a boating accident where someone dies or requires medical attention that goes beyond the basic first aid that you would use to treat bumps, bruises, scrapes, sunburn and the like. You must also report any boating accident where over two thousand dollars of property damage occurs, even if no one is hurt in the crash.

If you are charged with a boating-related crime in Texas, contact Texas criminal and DWI defense attorney Alex Tyra right away. Criminal charges like boating while intoxicated can have a far-reaching effect on multiple areas of your life. We urge you to take immediate action today to protect your rights. Please call our office to speak with us, at (903) 753-7499, or fill out a contact form on our website.

 

Texas Texas Criminal Defense Attorney Reports District Attorney Has Dropped All Remaining Twin Peaks Cases

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The shootout at the Twin Peaks restaurant in 2015 claimed the lives of nine people and injured twenty others. Four years later, closure has not yet come for those who were injured and for the families of those who died in the shootout. It looks like closure or justice may not ever come for those people, at least not through the Texas legal system.

Earlier this month, the McLennan County District Attorney announced that the twenty-four cases that remained pending in connection with the shootout would be dropped. This is a surprising turn of events, considering that immediately following the shooting, one hundred and seventy-seven people were arrested in connection with the shootout, charged with participating in organized crime and held on million dollar bonds. Of those individuals who were arrested and charged, only one case ever proceeded to trial, and the trial ended with the declaration of a mistrial.

The District Attorney stated that the decision to drop the cases was made based on the evidence and the facts, along with the laws of the State of Texas and the interest of justice. The overall cost of the Twin Peaks incident has surpassed a billion dollars and continues to increase. The District Attorney’s decision to drop the cases seems to be connected to the strength of the evidence, which was exposed as lacking.

Evidentiary challenges are crucial to many successful criminal defenses, and this high-profile case with its large number of defendants is no exception. The defense attorneys for all of the defendants connected with the Twin Peaks shootout have worked hard over the past four years to challenge the police procedures followed during the incident and the arrest and processing of all of the defendants as well as the handling of the evidence connected with their cases. Lack of probable cause was cited in many challenges to the charges made against the defendants, along with allegations of numerous violations of the Texas Code of Criminal Procedure. Challenges to excessive bond round out the list of strategies employed by defense attorneys on behalf of their clients.

It was reported that the defendants in the Twin Peaks cases have benefited from the vigorous efforts of their defense counsel. That is something good that has come from the horrific event at Twin Peaks and the state’s response to it, which many feel was inappropriate. Unfortunately, a great deal of harm was caused not just in terms of injury and death, but in the fact that it has taken four years for some of the defendants to have a resolution of their cases. Some of the defendants have been under the shadow of the ongoing criminal cases for too long, suffering from the physical and emotional consequences that come when one is arrested and charged with a crime. With the dismissal of the last twenty-four cases, the remainder of the Twin Peaks defendants will finally be able to begin moving forward again.

If you are charged with a crime in Texas, contact Texas Criminal Defense Attorney Alex Tyra right away. Criminal charges can have a far-reaching effect on your life. It is critical that you act now because your freedom and your rights are at stake. Please call our office to talk with us today, at (903) 753-7499, or fill out a contact form on our website.