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.

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.