A solid DWI defense often includes multiple strategies for defeating the prosecution’s case against the defendant. Evidence is a critical component of the state’s case in any DWI case. When it’s possible that there could be a problem with one or more of the pieces of evidence that the state plans to present at trial, a defense attorney will often challenge the admissibility of the evidence in the hope that the court will agree with their argument and exclude the evidence from the trial. Since the state must be able to support its case against the defendant with the evidence it plans to present at trial, each piece of the state’s evidence that is excluded from the trial weakens the case against the defendant.

The Texas Court of Criminal Appeals recently issued a ruling that excludes the admission of a specific blood sample. In its ruling, the Court agreed with a lower court’s decision that the evidence was gathered in an unconstitutional manner, thus violating the defendant’s rights. The State tried, in its appeal, to persuade the Texas Court of Criminal Appeals that the judge who previously ruled in favor of excluding the evidence abused his judicial discretion. The Texas Court of Appeals has sent the case back to the 210th District Court for trial.

The defendant in the case mentioned above is a man from El Paso who is charged with the deaths of three people in connection with an automobile wreck that happened on Christmas Eve in 2014. Joel Garcia’s blood was taken without a warrant, in the hours following the crash. The State claimed that the blood sample had to be drawn before a warrant could be obtained because the defendant required immediate medical treatment after his accident. The defense argued that the defendant’s injuries did not require immediate medical treatment, rendering the warrantless  blood draw a violation of Garcia’s fourth amendment rights. After several appeals, the issue of whether the defendant’s blood sample is allowed as evidence in his trial was finally decided by the Texas Court of Criminal Appeals, as mentioned above.

Constitutional challenges are just one of the ways defense attorneys can attack the validity of blood samples and other types of physical evidence. In some cases, questions over the handling of items like blood samples lead to the exclusion of evidence that the state planned to rely on heavily in its case. Blood samples can be taken incorrectly, stored improperly, and in some cases even mixed up and mislabeled with the wrong name. Blood and breath testing equipment are not infallible, and challenges to the validity of test results are another way that defense counsel can sometimes have evidence excluded from a defendant’s trial.

If you’ve been charged with DWI in Texas, contact a skilled Texas DWI Defense Attorney right away. DWI charges can have a far-reaching effect on many areas of your life, so it is critical that you take action now because your rights and your freedom are at stake. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

Individual defendants aren’t the only ones charged with alcohol-related crimes in Texas. Restaurants, bars, and other types of businesses that serve alcohol run the risk of being accused of overserving patrons. These charges can come with severe fines and penalties, in addition to the cost of obtaining legal defense to represent the establishment in court.

Fortunately, some alcohol-serving establishments and some of the patrons who frequent them stand to benefit from video footage captured by security cameras. Video surveillance is commonplace in bars, restaurants, and other public places. That is proving to be a very good thing in some cases where undercover agents accuse bartenders of serving drinks to customers who are, in their opinion, already intoxicated. While it is true that in some cases, the bartenders captured on camera are indeed serving drinks to people who are inebriated, it is also true that some bartenders and customers have had the charges brought against them dropped after a judge reviews the video evidence and concludes that there is no “obvious intoxication” present.

The Texas Alcoholic Beverage Commission (TABC) is an agency whose agents work to find and cite establishments that serve alcohol to people who are already intoxicated. Unfortunately, the agency does not have a set of clear guidelines that agents must follow in determining that a person is drunk. Agents rely on their observations and subjective judgments that they make about the people they observe as they search for those people who are breaking the law. Security cameras provide the judges who hear cases brought by the TABC with a look at the behavior of the bartenders and patrons whose conduct is in question. Often, video evidence supports the conclusion advanced by the TABC agents who brought the charges, but sometimes, it doesn’t. In those cases where what’s on the video does not support the agents’ conclusions, judges can and do ask the state to drop the charges.

Video evidence does more than help those who are innocent obtain the exoneration they deserve. It also points to a need for the agencies charged with protecting the public safety to continually evaluate the methods that they use to assess potential threats to public safety. For example, a more precise definition of what it means to be intoxicated according to Texas law would benefit both the bartenders who are trying to serve drinks within limits established by law and the TABC agents who are working to spot and apprehend those who are breaking the law.

If you are charged with DWI or some other alcohol-related crime in Texas, locate a skilled Texas DWI defense attorney right away. Your attorney can help you take steps to protect your rights and your freedom while working to develop a defense strategy that will protect the things that are most important to you. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

Did you get caught up in a DWI arrest this past weekend in Austin? If so, it’s time for you to learn more about what a Texas DWI Defense Attorney can do for you. The police in the Austin area have expanded their No Refusal DWI initiative, which means that more and more drivers are being stopped, investigated, and sometimes even arrested for DWI. If you are one of those drivers, there is a lot at stake, but there is also something that you can do to give yourself a chance at the best possible outcome in your Texas DWI case.

The “no refusal” initiative allows police to forcefully draw blood from drivers who refuse to voluntarily participate in blood or breath testing by obtaining bench warrants from on-duty magistrate judges. In many areas in Texas, “no refusal” periods take place on a few selected holiday weekends each year. The Austin Police Department declared an every weekend No Refusal DWI initiative starting January 6, 2017, through September 2017, from 10 p.m. to 5 a.m. every Friday and Saturday night through Sunday morning.

Any driver who gets arrested for DWI can benefit from the services of a Texas DWI defense attorney. Your DWI defense attorney can help you understand the charges that you are facing. They can also tell you how a conviction could affect various areas of your life. When you make an appointment to talk with a DWI defense attorney, they will want you to tell them about your DWI arrest.  When an attorney asks you to tell them about your arrest, they are listening for specific details about your arrest that can help them formulate a plan for your defense, should you decide to have them represent you.

It’s possible that your income will qualify you for the services of a public defender. However, it is important that you understand the difference between retaining private counsel for your DWI case and working with one of the state’s public defenders. A public defender is an attorney who is employed by the state.  In contrast, private counsel is an attorney that you select and pay for on your own. All attorneys are licensed professionals and each attorney advocates on behalf of their clients. The main distinction between a public defender and a private attorney is that in Texas, public defenders don’t take part in the administrative license suspension (ALR) process. Any driver who gets charged with DWI must request an ALR hearing to avoid license suspension. Only private counsel may handle those requests and the ALR hearings.

Texas Criminal Defense Attorney Alex Tyra – Standing Up for Texas Defendants

The penalties for DWI can have far-reaching effects on many areas of your life. From transportation to your job to being able to provide transportation to others in your family, qualifying for public benefits, applying for jobs, and finding a place to live, a DWI can require a lot of adjustments to your daily life. Fortunately, a Texas DWI defense attorney can give you the best chance of obtaining a result in your DWI case that will intrude upon your life as little as is possible under your unique circumstances. To learn more about Texas DWI defense, call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499. You can also connect with us through our online contact form.

One potential outcome that can result from driving while intoxicated is getting charged with intoxication manslaughter. No one who drinks and drives expects to get into a wreck while they are driving, and they do not intend to kill anyone. Unfortunately, alcohol use increases accident risk, which not only endangers the safety of the driver who has been drinking but also increases the chance that they will get in an accident and hurt or kill other people.

A man just got sentenced to fifteen years in prison in connection with the deaths of two people. The man got sentenced to fifteen years for each of the two people who died in the crash, but the judge ruled that the sentences will run concurrently. The man is also required to pay a five thousand dollar fine.

The fatal wreck happened in 2015.  The crash occurred as the man was speeding down a road and went over some railroad tracks, which sent his car flying through the air. The car landed on top of a motorcycle, killing a man and his wife.

The families of both the driver and the couple who died in the crash were present in the courtroom for the emotional conclusion to the man’s intoxication manslaughter trial. Members of the man’s family attended the hearing to show their love and support for him. People from the family of the deceased couple attended the hearing to try and gain closure for the untimely loss of two people who they loved very much.

When a person is charged with any DWI crime, including and especially intoxication manslaughter, they need strong support as they face their charges. A DWI and any related offenses that go along with it can significantly alter the course of a person’s life, as the case mentioned above illustrates. An experienced DWI defense attorney can help you understand the nature of the charges against you, including the possible penalties, and they can develop a defense strategy that takes all of your circumstances into account. For example, in the case discussed above, a significant portion of the defendant’s defense strategy involved educating the judge and jury about the defendant’s mental state. The man suffers from a mental disability that affects his learning ability and his overall level of functioning. The defense attorney also expressed his client’s deep remorse for what had happened and extended condolences to the victims’ family on behalf of his client.

Texas DWI Defense Attorney Alex Tyra – Uncompromising Support for DWI Defendants

If you face DWI charges or other charges that are related to a DWI, it is essential that you get help from a Texas DWI defense attorney. A knowledgeable defense attorney can help you understand the charges and the potential effects of your DWI case on each area your life.  You can plan for an initial consultation with Texas DWI Defense Attorney Alex Tyra today, by calling our office at (903) 753-7499. Alternatively, you can arrange an initial consultation with us through the online contact form on our website.