Texas DWI Defense Attorney Talks About DWI with a Child Passenger

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Police recently arrested a pregnant woman whom they suspect was driving under the influence of alcohol. The early morning incident occurred near West University Place. An officer responded to a call to assist a disabled vehicle, and when the officer arrived he found a woman behind the wheel of the car and two children in the back seat. The officer noticed that the woman smelled of alcohol and was slurring her speech. The woman admitted to drinking alcohol before driving her vehicle, and she also told the officer that she is six months pregnant.

Texas drivers should be aware that DWI with a child passenger is a different offense than DWI without a child passenger. It is a state jail felony in Texas to drive while you are intoxicated, and there are one or more passengers in your vehicle who are under fifteen years of age. Individuals convicted of DWI with a child passenger could face between one hundred and eighty days and two years in state jail. The can also be fined up to ten thousand dollars. They could also lose eligibility for certain types of government assistance, voting rights, ability to run for public office, and gun ownership and possession rights. They could even face disqualification from certain professions.

Unfortunately, the aforementioned consequences are only some of the ways that DWI with a child passenger could affect your life. Perhaps the most painful consequences that come with a DWI with a child passenger are those which affect the driver’s family life. When a driver is charged with DWI with a child passenger, the Texas Department of Family and Protective Services may remove the child or children from the driver’s custody. They may also pursue a child endangerment case against the driver. Losing custody of your children to the Department of Family and Protective Services, even temporarily, can be scary and devastating, even if your kids can be placed in the care of family or friends for the duration of you custody case. Parents and children suffer greatly both during and after child custody cases, and it can be a long and complicated process to navigate before everyone is back together under one roof, if the family can work through the process successfully.

Texas DWI Defense Attorney Alex Tyra – Support for Texas Drivers Facing DWI Charges

If you are charged with DWI with a child passenger, you are likely to be concerned about your family’s future as well as any consequences that you may have to endure. Your Texas DWI defense attorney can do many things to build a strong case on your behalf, especially if you contact them early on in your case. If you are accused of driving under the influence of alcohol, either with or without a child passenger, give yourself the best chance at a positive outcome in your case by contacting a knowledgeable Texas DWI Defense Attorney right away. Call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or you may contact us online through our convenient online contact form.

Texas DWI Defense Attorney Suggests Drivers be Cautious During Traffic Stops

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A recent investigation involving a former Houston police officer serves as a reminder to drivers to use caution during traffic stops. During traffic stops, well-meaning drivers often provide law enforcement officers with much more information than the law requires. Sometimes this happens because of a mistaken belief that providing more information would clearly show the officer that they were innocent. At other times, anxiety or other factors cause drivers to spill the beans by volunteering all kinds of information and even stepping out of their vehicles for field sobriety tests.

The former officer who is currently under investigation failed to use his dashboard camera to record a traffic stop during which he claims the driver failed a field sobriety test and refused to provide a sample for a blood test. The investigation revealed that there was, in fact, dash-cam footage and the footage shows that the driver didn’t “fail to signal a lane change” as the former officer had claimed. Furthermore, the defendant’s blood alcohol level, as revealed by a test, was below the legal limit. Unfortunately, during the time that it took to investigate the case against the officer and exonerate the driver using police records, the driver’s license was suspended because the now former officer had claimed that she refused to submit to a blood test. She even had to buy an ignition interlock device and submit to random drug and alcohol testing. As if that were not bad enough, the aforementioned driver is not the only driver for whom the validity of their arrest is questionable.

Whether the dashboard camera is running or not, it is a good idea to know ahead of time what you can do to get through a traffic stop giving as little information to the police as you can. For example, you do not have to participate in field sobriety tests, and in fact, you are wise not to. One reason why it is best not to participate in field sobriety testing is that the test results cone from observations, which are subjective. Also, it is possible for sober people to fail the tests due to nerves, uncomfortable shoes, or some other things.

Engaging in a field sobriety test or providing more information than you are required by law to provide will not help you prove your sobriety. In fact, any additional information that you provide could very well be used against you later on. The list of unnecessary information includes providing information about where you are driving to and from and what you have been doing.

If you were arrested for DWI in Texas, there is a lot at stake. During these difficult times, you need the guidance of an experienced DWI defense attorney. To learn more about how we can defend you against your Texas DWI charges, schedule a free consultation with East Texas DWI Defense Attorney Alex Tyra today. Call our office at (903) 753-7499, or visit our website to submit an online contact form.

Texas DWI Attorney Discusses Ignition Interlock Devices

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People arrested and convicted of driving while intoxicated, or DWI, in Texas, face more restrictive conditions if granted supervised community release.  On September 1, 2017, an updated version of the conditions of supervised community release goes into effect. The goal of the changes is to make Texas’ road safer by reducing the number of repeat DWI offenders. The updated conditions will make probation seem onerous to some people and may think serving a jail sentence is a better option rather than being on probation for up to two years. Any decision you make regarding sentencing after a DWI conviction must in close consultation with your attorney.

Before September 1, 2017, any person convicted of DWI must complete several conditions while on community supervision including an educational program designed to rehabilitate the person. In theory, a rehabilitated person will not drive drunk again. Unfortunately, rehabilitation is not foolproof, and many people drive drunk again. However, the latest version of the law goes a long way to preventing repeated offenses.

Upon a conviction for a first DWI offense, the judge can impose a condition of probation requiring the installation of an ignition interlock device. In other words, the law gives the judge discretion to impose that condition. The judge loses discretion when the crime is more serious. A person convicted of a second offense, or a first offense but the person’s blood alcohol concentration is 0.15 or above, which is near twice the legal limit, the judge must order that person to install an ignition interlock device in their vehicle or the vehicle they most often drive. The court cannot consider a previous offense if that offense was longer than ten years before the date of arrest on the current case.

An ignition interlock device is a machine into which a person provide a deep-lung breath sample. Simply, the person blows hard into the device. The device is similar to a breathalyzer most often used in police stations.  The device prevents the car from turning on if the machine detects any alcohol in the breath sample.  The judge must order the person not to drive any vehicle without an attached ignition interlocking device.

The court must impose additional conditions upon community supervision if the judge orders the installation of an ignition interlocking device. The person must install the device within 30 days from the start of supervised release. The person must use the device for at least half of the period of release, but the judge can order the person to use it for a longer period. Additionally, the person must pay for the device and its installation. The law allows the judge to enter into a payment plan with the person to the associated charges of the device. The payment plan may not last longer than twice the period of probation.

With all of the expensive requirements of probation, some people would rather go to jail after a DWI conviction. Deciding to go to jail rather than attempting to complete probation must not be made lightly. Depending on the circumstances, a jail sentence is less onerous than a lengthy probation period. Although jail is initially less expensive than paying for alcohol rehabilitation classes and an ignition interlock device, the physical and emotion toll is incalculable. Jail is not a vacation and serving a sentence could mean losing your job. Jail will cut you off from your loved ones and can endanger your health. But, jail for some is an option rather than probation.

Consult With An Experienced Texas DWI Attorney Before Making Any Decision On Your Future

The experienced Texas DWI Attorney at the Law Office of Alex Tyra dedicate themselves to fighting to protect their client’s rights. They understand the difficult decisions that you must make when facing a DWI charge. Talk with them before making any decision.  Call the Law Office of Alex Tyra today at 903-753-7499 to discuss your options.

Texas DWI Defense Attorney Explains License Suspension Policy and Procedure

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DWI checkpoints often result in both DWI arrests and arrests for driving with a suspended license. Often, drivers who are driving with suspended licenses may escape detection by traveling in vehicles that are not their own and by refraining from attracting the attention of law enforcement officers. When there is a DWI checkpoint, all drivers must interact with law enforcement officers as they pass through the checkpoint, and this is why so many drivers with suspended licenses get apprehended.

If you get arrested for DWI, license suspension is a real possibility. If you are like many Texans, your ability to drive touches on many areas of your everyday life, from getting to and from work to bringing your kids to and from after-school activities. A license suspension could be quite costly, regarding both financial penalties and personal freedom.

Since license suspension has the potential to have a significant impact on your life, it is essential that you understand that you have just fifteen days from the date of your DWI arrest to preserve your chance at retaining your driving privileges. The process by which a driver can try to keep their driving privileges begins with a request for an ALR hearing. As I mentioned before, this hearing must be requested within fifteen days of your DWI arrest or your license will automatically be suspended. Instructions for requesting an ALR hearing are at the bottom of your Notice of Suspension.

Now that you know that you must ask for an ALR hearing if you wish to try to avoid license suspension, it is important that you learn a little bit more about what an ALR hearing is. An Administrative Law Review hearing, or ALR hearing, is a civil proceeding which the Department of Public Safety brings against a driver who refuses a blood or breath test after a DWI arrest, or who took a blood or breath test and failed it.

At an ALR hearing, the issue for discussion is the fate of your driving privileges. Requesting a hearing gives you a chance to contest the proposed suspension of your driver’s license. It also delays the imposition of any ALR sanctions until your hearing takes place. At your ALR hearing, the Department of Public Safety (DPS) will try to prove that your license should be suspended because you either took a breath or blood test which resulted in a reading of .08 or greater, or because you refused to take a blood or breath test. It is harder for the DPS to suspend your license after you refused to submit to testing because that type of suspension requires proof of four different elements. These elements are reasonable suspicion for the vehicle stop, probable cause that the driver was in control of a vehicle in a public place while intoxicated, an opportunity for the driver to voluntarily participate in testing along with both oral and written notice of the consequences of refusal, and an actual refusal. If the DPS fails to prove their case, your license must be returned to you.

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

Texas DWI defendants have a lot at stake, and experienced Texas DWI Defense Attorney Alex Tyra may be able to help you resolve your DWI case. To learn more, call (903) 753-7499.

 

Texas DWI Defense Attorney Says Some Texas Police Departments Have New Breath-Testing Machines

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A breath test is standard procedure in a DWI investigation in Texas, as it is elsewhere. For a long time, the standard equipment that has been used all over Texas to administer breath tests has been the Intoxilyzer 5000. Law enforcement officials have become very familiar with using the breath testing devices over the time that they have been using them. DWI defense attorneys have also become familiar with the Intoxilyzer 5000, and they have become adept at exposing its weaknesses and understanding how its use or misuse can affect their clients’ cases.

As all of us know, older models of electronic devices get replaced by newer models from time to time. It seems as though the time for replacing the Intoxilyzer 5000 machines that are currently in use across the state of Texas is coming soon. The newer breath testing machine is called the Intoxilyzer 9000, and it is supposed to be easier for law enforcement officers to use than the older machines are. The technology that the machine uses for detecting alcohol in breath samples is the same as in the older machines, although it is wrapped in a nicer, newer looking package.

The Intoxilyzer 9000 features an automated voice that tells the person taking the test when they are to exhale into the machine. It also enables officers to scan drivers’ license information instead of having to type it all in. The new machines are able to transmit test results to DPS headquarters, in addition to displaying them on a screen.

Since the Intoxilyzer 9000 is a newer instrument than the Intoxilyzer 5000, one might surmise that it provides more accurate results. While that is possible, it is not necessarily true. Unfortunately, attorneys are not being allowed to inspect the Intoxilyzer 9000, and outside toxicology experts are not being permitted to take classes where they could learn about the machine and its proper operation. While these things, on their own, do not render the machine inaccurate, it is troubling that the machine and its operation are not open to investigation by people who have an interest in knowing how the technology works and how it should be used.

Bexar County already has several of the new machines in use, with others scheduled to be implemented soon. Other counties are likely to begin bringing the new machines into use throughout the year, and phasing out the older devices.

Texas DWI Defense Attorney Alex Tyra – Strong Advocacy for Texas DWI Defendants

Texas DWI defendants have a lot at stake, and experienced DWI defense attorneys know how to protect it. Whatever the most important things in your life are, a skillful Texas DWI Defense Attorney can help you seek a resolution of your DWI case that is in line with your priorities. Texas DWI Defense Attorney Alex Tyra may be able to help you resolve your DWI case. To find out more, call us today, at (903) 753-7499.

 

Texas DWI Defense Attorney Talks about How Prescription Drugs May Affect Your DWI Case

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Many Texans dutifully take their prescription medications every day, just like they have been directed to do by their doctors. If you are following the directions of your doctor and you are taking the medications that they have prescribed for you, you know that you are doing the right thing for your health. Unfortunately, what you may not know is that you might also be committing the crime of driving while impaired. The reason for this is that some commonly prescribed medications are classified as Schedule I or Schedule II controlled substances, and these substances are regulated by law. For example, Adderall, Ritalin, Ambien, Klonopin, Percocet, and codeine, are just a few of the medications that are in Schedule I or Schedule II.

In Texas, you could be charged with DWI for being under the influence of a mind-altering prescription drug, such as a pain medication. It is important that drivers know that although pain medications are some of the more commonly implicated medications in prescription drug-related DWI cases, they are not the only types of medications that are regarded as having mind-altering effects.  For example, sleeping pills, antidepressants, anti-seizure medications, and anti-anxiety medications can have mind-altering effects that are similar to those of painkillers. A driver who is found to have one or more of these substances in their system at the time of their arrest may be subject to consequences that are similar to what they would be subject to if they were found to have been driving under the influence of alcohol.

Any Texas driver who takes prescription medications and who has been charged with a DWI should contact a Texas DWI defense attorney right away, because their rights are at stake. If you have been charged with a prescription drug-related DWI, your attorney may be able to defend you against your DWI charges by presenting evidence that you were taking a Schedule I or Schedule II medication as prescribed to you by your doctor. That said, it is important that drivers understand that a valid prescription, on its own, may not lead to a successful defense based upon taking medication as prescribed. A prescription drug-related DWI defense is more likely to be successful if there is evidence that your medication, at the dosage that you are taking it, does not actually impair your ability to operate your 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 Attorney Alex Tyra – Protecting the Rights of Texas DWI Defendants

Every Texas DWI case is unique, and each DWI defendant deserves to have a skilled professional working hard on their behalf to pursue 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 Defense Attorney Talks about How Prescription Drugs May Affect Your DWI Case

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Many Texans dutifully take their prescription medications every day, just like they have been directed to do by their doctors. If you are following the directions of your doctor and you are taking the medications that they have prescribed for you, you know that you are doing the right thing for your health. Unfortunately, what you may not know is that you might also be committing the crime of driving while impaired. The reason for this is that some commonly prescribed medications are classified as Schedule I or Schedule II controlled substances, and these substances are regulated by law. For example, Adderall, Ritalin, Ambien, Klonopin, Percocet, and codeine, are just a few of the medications that are in Schedule I or Schedule II.

In Texas, you could be charged with DWI for being under the influence of a mind-altering prescription drug, such as a pain medication. It is important that drivers know that although pain medications are some of the more commonly implicated medications in prescription drug-related DWI cases, they are not the only types of medications that are regarded as having mind-altering effects.  For example, sleeping pills, antidepressants, anti-seizure medications, and anti-anxiety medications can have mind-altering effects that are similar to those of painkillers. A driver who is found to have one or more of these substances in their system at the time of their arrest may be subject to consequences that are similar to what they would be subject to if they were found to have been driving under the influence of alcohol.

Any Texas driver who takes prescription medications and who has been charged with a DWI should contact a Texas DWI defense attorney right away, because their rights are at stake. If you have been charged with a prescription drug-related DWI, your attorney may be able to defend you against your DWI charges by presenting evidence that you were taking a Schedule I or Schedule II medication as prescribed to you by your doctor. That said, it is important that drivers understand that a valid prescription, on its own, may not lead to a successful defense based upon taking medication as prescribed. A prescription drug-related DWI defense is more likely to be successful if there is evidence that your medication, at the dosage that you are taking it, does not actually impair your ability to operate your 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 Attorney Alex Tyra – Protecting the Rights of Texas DWI Defendants

Every Texas DWI case is unique, and each DWI defendant deserves to have a skilled professional working hard on their behalf to pursue 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 Criminal Defense Attorney Talks about Lone Star Card Fraud

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For some Texans, the Lone Star Card can make the difference between not having enough to eat and being able to feed themselves and their families. Over four hundred million dollars are distributed to families each month through the Lone Star Card program. Unfortunately, as is the case with food assistance card programs across America, Lone Star Cards are sometimes stolen or obtained fraudulently. Both using a Lone Star Card that belongs to someone else and obtaining Lone Star benefits by providing false or misleading information are crimes. If you have been charged with theft in relation to a Lone Star Card or with obtaining a Lone Star Card fraudulently, it is important that you speak with a Texas criminal defense attorney.

A story out of Lufkin describes one way in which Lone Star Card theft can play out. In September, a woman’s purse was stolen from her vehicle. After the purse was stolen, someone used the woman’s driver’s license and Social Security card, which were in the purse, to change the PIN number for her Lone Star Card, which was also in the purse. The Lone Star Card was then used at two grocery stores in Lufkin, and also at Wal-Mart.

Images of a woman using the stolen card to purchase approximately two hundred dollars’ worth of groceries at Wal-Mart were captured by security cameras in the store. The woman’s appearance is distinctive. She has black skin and curly platinum blonde hair (or she was wearing a platinum blonde wig). She was wearing white wireless headphones around her neck at the time the security camera captured her image. The woman’s unique appearance and the fact that a reward is being offered to aid authorities in locating her may eventually aid law enforcement in apprehending her.

Obtaining Lone Star Card benefits fraudulently is also a crime. It is estimated that a little over four million dollars in Lone Star benefits are obtained through the use of fraud each month. When an allegation of Lone Star Card fraud theft is filed, investigators from the Office of the Inspector General look into it. Investigators have seen people obtain Lone Star Card benefits that they did not qualify for in a variety of ways. Some individuals omit mention of their spouse’s work history and income. Others cross the border from Mexico and use a friend’s or relative’s address to apply for and receive benefits. Then, they purchase food and try to bring it back into Mexico. These individuals often end up being apprehended at the border, because Customs and Border Protection officers ask individuals who have groceries in their vehicles to show them their grocery receipt as well as their documentation. If the groceries were paid for with Lone Star benefits but the person is a resident of Mexico, the person loses their passport and is denied reentry into Mexico.

Texas Criminal Defense Attorney Alex Tyra – Helping Texans Resolve Criminal Matters

If you have been charged with stealing a Lone Star Card, Using a stolen Lone Star Card, or obtaining Lone Star benefits fraudulently, a knowledgeable criminal defense attorney can protect your rights and help you work on resolving your criminal matter. Please call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499 or contact us online to find out whether Attorney Alex Tyra can help you.

 

 

Texas DWI Defense Attorney Discusses Delays in DWI Cases

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Being a DWI defendant is not easy. Throughout the DWI case process, DWI defendants are likely to feel a variety of emotions including fear, sorrow, anger, and frustration. Regardless of how any given DWI case ends, at the conclusion of a DWI case the defendant has certainty about its outcome. Unfortunately, some DWI defendants in Bexar County may be feeling additional fear, sorrow, and anger because they are waiting much longer than usual to experience the certainty that comes with resolution of their DWI cases.

A scandal involving the private laboratory that used to test the blood samples of Bexar County DWI suspects who refused to take the breath test has resulted in a huge backlog of samples that are currently awaiting testing at a laboratory at the Texas Department of Public Safety in Austin. The scandal involved possible mishandling of blood samples by the staff of the private laboratory, which no longer performs tests for the county.

Because of the delay, prosecutors have gone forward with some DWI cases without blood test evidence. Blood samples for certain DWI cases, such as those involving intoxication assault and intoxication manslaughter, have always been tested by the Bexar County medical examiner’s office, which continues to perform the tests for those types of cases. In cases where blood samples have not yet been tested, prosecutors have been proceeding with eyewitness testimony, field sobriety tests, and breathalyzer test results when available. The result appears to be an increase in DWI convictions, which is concerning for defendants whose samples are on hold. The unavailability of DWI blood test results is also concerning because it could harm DWI defendants whose results would show that they were innocent.

The increased rate of conviction is just one thing about the backlog of DWI cases that is causing frustration among DWI defendants and their attorneys. These defendants are being kept in limbo, unsure of when their case will proceed. Also, the no refusal policy that resulted in the samples being taken from drivers who refused breath testing is controversial. This adds to the sense of injustice that the defendants whose samples are awaiting testing are currently experiencing.

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

When you are facing DWI charges, you are likely to have many concerns. An experienced DWI defense attorney can help you understand the charges against you as well as the DWI case process. Each defendant has unique needs and priorities. Some defendants have prior DWI convictions, while it is the first time for others. Some have families to support, while others have concerns regarding immigration. Whatever your priorities are, it is essential that you get the legal support that a DWI defense attorney can provide. Texas DWI Defense Attorney Alex Tyra has helped all kinds of DWI defendants through the DWI case process towards resolution of their DWI cases. It is possible that he may be able to help you, too. Please call our office today, at (903) 753-7499, or contact us online to learn more.

 

Texas DWI Defense Attorney Discusses Delays in DWI Cases

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Being a DWI defendant is not easy. Throughout the DWI case process, DWI defendants are likely to feel a variety of emotions including fear, sorrow, anger, and frustration. Regardless of how any given DWI case ends, at the conclusion of a DWI case the defendant has certainty about its outcome. Unfortunately, some DWI defendants in Bexar County may be feeling additional fear, sorrow, and anger because they are waiting much longer than usual to experience the certainty that comes with resolution of their DWI cases.

A scandal involving the private laboratory that used to test the blood samples of Bexar County DWI suspects who refused to take the breath test has resulted in a huge backlog of samples that are currently awaiting testing at a laboratory at the Texas Department of Public Safety in Austin. The scandal involved possible mishandling of blood samples by the staff of the private laboratory, which no longer performs tests for the county.

Because of the delay, prosecutors have gone forward with some DWI cases without blood test evidence. Blood samples for certain DWI cases, such as those involving intoxication assault and intoxication manslaughter, have always been tested by the Bexar County medical examiner’s office, which continues to perform the tests for those types of cases. In cases where blood samples have not yet been tested, prosecutors have been proceeding with eyewitness testimony, field sobriety tests, and breathalyzer test results when available. The result appears to be an increase in DWI convictions, which is concerning for defendants whose samples are on hold. The unavailability of DWI blood test results is also concerning because it could harm DWI defendants whose results would show that they were innocent.

The increased rate of conviction is just one thing about the backlog of DWI cases that is causing frustration among DWI defendants and their attorneys. These defendants are being kept in limbo, unsure of when their case will proceed. Also, the no refusal policy that resulted in the samples being taken from drivers who refused breath testing is controversial. This adds to the sense of injustice that the defendants whose samples are awaiting testing are currently experiencing.

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

When you are facing DWI charges, you are likely to have many concerns. An experienced DWI defense attorney can help you understand the charges against you as well as the DWI case process. Each defendant has unique needs and priorities. Some defendants have prior DWI convictions, while it is the first time for others. Some have families to support, while others have concerns regarding immigration. Whatever your priorities are, it is essential that you get the legal support that a DWI defense attorney can provide. Texas DWI Defense Attorney Alex Tyra has helped all kinds of DWI defendants through the DWI case process towards resolution of their DWI cases. It is possible that he may be able to help you, too. Please call our office today, at (903) 753-7499, or contact us online to learn more.