News - Alex Tyra Law Office

Can a DWI Be Expunged in Texas?

December 2, 2025/0 Comments/in Texas DWI Defense/by LS_admin

If you’ve been arrested for DWI in Texas, one of the first questions you may have is whether you can get the arrest or conviction removed from your record. Having a DWI on your background can affect employment, housing, insurance, and your reputation for years to come. The good news is that some DWI-related records can be expunged or sealed, but Texas law places strict limits on who qualifies.

What Is Expungement?

Expungement is a legal process that completely removes an arrest or charge from your criminal record. Once a record is expunged in Texas, it’s as though the arrest or charge never happened. You can legally deny it on job applications, apartment leases, or background checks. However, not all DWI cases are eligible for expungement.

When Is Expungement Available for a DWI in Texas?

You may be eligible for expungement of your DWI arrest only under specific circumstances, including:

1. You Were Never Charged

If you were arrested for DWI but prosecutors never filed formal charges, you may be eligible to have the arrest record expunged, depending on how long it has been and whether the statute of limitations has passed.

2. Your Case Was Dismissed

If the prosecutor dismissed your DWI charges or they were thrown out by the court, you could qualify for expungement.

3. You Were Found Not Guilty

If you went to trial and were acquitted of the DWI charges, you’re generally eligible to have all records expunged.

4. You Completed a Pretrial Diversion Program

In some jurisdictions, you may be offered a pretrial intervention or diversion program that leads to dismissal. After completion and dismissal, you may qualify for expungement.

5. You Received a Pardon

If you were convicted of a DWI but later received a full pardon, you may be eligible for expungement.

What If You Were Convicted?

If you were convicted of DWI in Texas—meaning you pleaded guilty or no contest, or were found guilty—you are not eligible for expungement. Texas law does not allow expungement of most criminal convictions, including DWI.

However, you may still be eligible for an order of nondisclosure, which is also known as record sealing. This does not erase the record but limits who can see it, such as government agencies, law enforcement, and courts.

Nondisclosure for First-Time DWI Convictions

Under Texas Government Code § 411.0726, if you were convicted of a first-time DWI, you may qualify for a nondisclosure if:

Your blood alcohol concentration (BAC) was under 0.15
You received community supervision and completed it successfully
You have no other criminal history
It has been at least two years since you completed your sentence

Some waiting periods can extend up to five years, depending on the case.

Why It Matters

Even one DWI arrest can impact your life. Employers, licensing agencies, landlords, and colleges may all access your criminal record. Expungement or nondisclosure can give you a fresh start, but the legal process is technical and time-sensitive.

It’s critical to understand your eligibility, file the correct petitions, and respond to any court objections. That’s why hiring a DWI defense lawyer who also handles post-conviction relief is essential.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI conviction can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the expert defense you need to work toward a favorable resolution. A Texas DWI conviction can have a lasting impact on many aspects of your life, but understanding these consequences and knowing how to mitigate them can make a significant difference.

The Law Office of Alex Tyra, P.C. is dedicated to providing the support and legal expertise you need during this challenging time. Contact us at (903) 753-7499 to discuss your case and explore your options for defense. Our experienced team is here to help you protect your future.

How a DWI Conviction Can Impact Your Job in Texas

December 1, 2025/0 Comments/in Texas DWI Defense/by LS_admin

When most people think of DWI charges, they immediately worry about fines, jail time, or losing their license. But one of the most overlooked—and devastating—consequences of a DWI conviction in Texas is how it can affect your current job and future career. Whether you’re a licensed professional, a commercial driver, or an office employee, a DWI can cause serious professional setbacks.

Immediate Employment Consequences

If you’re arrested for DWI, your employer might find out—even before you’re convicted. Here’s how that can happen:

You miss work due to arrest or court dates
Your mugshot or arrest record becomes public
Your job requires a clean criminal record or background check

Even a first-time offense can lead to suspension, demotion, or job loss—especially if your position involves driving, operating machinery, or holding a security clearance.

Jobs That Are Especially Vulnerable

Some occupations are more vulnerable to the consequences of a DWI than others. A conviction can trigger automatic disciplinary action or revocation of your license in the following professions:

Commercial drivers (CDL holders)
Nurses, doctors, and other healthcare professionals
Teachers and educators
Pilots or aviation personnel
Law enforcement officers or security guards
Military service members
Oil and gas workers (especially with safety-sensitive roles)

In these fields, a DWI can mean losing professional licensure, security clearance, or mandatory reporting to regulatory boards.

Loss of Driving Privileges Can Affect Your Ability to Work

Texas imposes administrative license suspensions after a DWI arrest—even before your case is resolved. If you rely on your car to get to work, a suspension could make it impossible to maintain employment. Even if you qualify for an occupational license, some employers may not accommodate the restrictions.

Background Checks and Future Employment

A DWI conviction appears on your criminal record and can be seen during background checks by future employers. While some companies may overlook a misdemeanor, others have strict hiring policies that disqualify applicants with any alcohol-related offenses. This includes:

Government agencies
Corporations with liability concerns
Jobs requiring travel, client contact, or leadership roles

Texas does not allow DWI convictions to be expunged in most cases, meaning the conviction could follow you for life unless it is reduced or dismissed.

What Can Be Done?

If you’ve been charged with DWI, it’s critical to take steps immediately to protect your job and future:

Hire a DWI defense attorney right away
Request an Administrative License Revocation (ALR) hearing within 15 days
Explore legal defenses that could lead to case dismissal or reduced charges
Avoid a conviction that permanently damages your record

Fighting a DWI isn’t just about staying out of jail—it’s about protecting everything you’ve worked for.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI charge can seriously threaten your career and livelihood—but you don’t have to face it alone. Let us fight to protect your license, your record, and your reputation. Contact The Law Office of Alex Tyra, P.C. today at (903) 753-7499for a free consultation. We’ll help you understand your options and build the strongest possible defense.

What Happens If You Refuse a Breath Test in Texas?

November 20, 2025/0 Comments/in Texas DWI Defense/by LS_admin

After a DWI stop in Texas, one of the most critical moments is deciding whether to submit to a breath test. Many drivers wonder if refusing the test will help or hurt their case. The truth is, refusing a breath test in Texas comes with its own set of serious consequences, and it’s important to understand both the legal and practical implications before making that decision.

Texas Has an Implied Consent Law

Under Texas Transportation Code § 724.011, when you obtain a driver’s license and operate a vehicle on public roads, you are considered to have given “implied consent” to chemical testing (breath or blood) if you’re arrested for suspected DWI. This means that refusal is not a free pass—it can result in penalties even if you’re never convicted of DWI.

Immediate Driver’s License Suspension

If you refuse a breath test after a lawful DWI arrest, the officer will issue a Notice of Suspension and take your driver’s license on the spot. You will receive a temporary driving permit that is valid for 40 days, during which you can request an Administrative License Revocation (ALR) hearing. If you don’t request the hearing within 15 days, your license will be automatically suspended.

Here’s how long you could lose your license:

180 days for a first refusal
2 years for a second or subsequent refusal within 10 years

This suspension is separate from any criminal penalties related to a DWI charge. That means you could be acquitted of DWI and still lose your license because you refused the test.

Refusal Can Still Be Used Against You in Court

Even though you have the right to refuse, prosecutors can still bring it up during trial. They may argue that your refusal is evidence of guilt or consciousness of guilt—suggesting you refused the test because you knew you were intoxicated. This can influence a jury’s perception, even without a breathalyzer result.

Police May Still Get a Warrant

In some cases, especially if there’s an accident involving injury or death, officers may request a warrant to obtain a blood sample. Once the warrant is granted, they can legally draw your blood—by force if necessary. So refusing the breath test doesn’t necessarily stop chemical testing—it may only delay it and make matters worse.

Commercial Drivers and Refusal

If you hold a commercial driver’s license (CDL), refusing a breath test has even harsher consequences. You could lose your CDL for at least one year, even if you were driving your personal vehicle at the time.

Should You Refuse a Breath Test?

This is a highly personal decision, and the best course of action depends on your situation. Refusing the test might make it harder for the state to prove your blood alcohol concentration (BAC), but it comes with automatic penalties and potential trial disadvantages. If you’re weighing your options, it’s essential to speak with a DWI defense lawyer immediately.

An attorney can help you:

Challenge the license suspension through an ALR hearing
Review whether the arrest was lawful
Determine whether the officer had probable cause
Build a strong defense, even without breath test evidence

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI arrest can turn your life upside down—and refusing a breath test doesn’t make it go away. You still face license suspension and criminal charges. With the right legal defense, you can protect your rights, your license, and your future. The Law Office of Alex Tyra, P.C. is here to fight for you. Contact us today at (903) 753-7499 to schedule your free consultation and get the defense you deserve.

Can a Passenger Be Arrested During a Texas DWI Traffic Stop?

November 16, 2025/0 Comments/in Texas DWI Defense/by LS_admin

When most people think about a DWI arrest in Texas, they imagine a driver being pulled over, tested, and arrested. But passengers can also face serious legal consequences under certain circumstances. While simply being a passenger during a DWI stop doesn’t automatically mean you’ll be arrested, there are several situations where it can happen. Knowing your rights and how to protect yourself as a passenger is critical—especially if law enforcement suspects other criminal activity.

When Can a Passenger Be Arrested During a DWI Stop?

1. Possession of Drugs or Alcohol

If police find open containers of alcohol, illegal drugs, or prescription pills without valid prescriptions in the vehicle, passengers may be charged with possession, even if the items don’t belong to them. Texas law allows prosecutors to pursue charges if the items were within the passenger’s “reach, custody, or control.”

2. Outstanding Warrants

If a routine ID check reveals that a passenger has an outstanding warrant—whether for a minor offense like unpaid traffic tickets or a more serious charge—officers are obligated to take that person into custody.

3. Interfering with Police Duties

Passengers who become argumentative, physically confrontational, or attempt to interfere with field sobriety tests or the arrest process may be charged with obstruction, resisting arrest, or interference with public duties. This is especially common in situations where the passenger is intoxicated as well.

4. Public Intoxication

Even if the passenger did nothing else wrong, they can still be arrested for public intoxication under Texas Penal Code § 49.02. The law allows an officer to arrest someone if they are intoxicated in a public place (which includes the inside of a vehicle on a public road) and pose a danger to themselves or others.

5. Taking Control of the Vehicle

If the driver is arrested and the officer believes the passenger is too impaired to drive, or if they see the passenger attempt to move to the driver’s seat while intoxicated, that passenger could be arrested for attempting to operate a vehicle while intoxicated.

What Should a Passenger Do During a DWI Stop?

If you’re a passenger during a DWI stop in Texas, here are a few important steps to protect your rights:

Remain Calm and Silent: You’re not required to answer questions beyond identifying yourself.
Don’t Admit Ownership: If officers find something illegal in the vehicle, don’t volunteer information.
Don’t Argue With Police: Stay respectful and avoid escalation.
Avoid Physical Movement: Reaching around the vehicle could be interpreted as an attempt to hide evidence or retrieve a weapon.

Why Legal Representation Still Matters for Passengers

If you’re arrested as a passenger during a DWI stop, your case is no less serious than the driver’s. Criminal charges can lead to jail time, a permanent record, and long-term consequences for employment or professional licensing. You’ll need a defense tailored to the specific facts of your case, including challenging constructive possession, asserting constitutional violations, or disputing the legitimacy of the arrest.

Even if you were never charged, being present during a DWI investigation could lead to your name being included in police reports, affecting future background checks. Speaking to an attorney can help you understand your risks and options for clearing your name.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI charge—or any arrest related to a DWI traffic stop—can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the defense you need to deal with the complexities of DWI-related charges and work toward a favorable resolution. The Law Office of Alex Tyra, P.C. is dedicated to providing the support and legal guidance you need during this challenging time. Contact us at (903) 753-7499 to discuss your case and learn more about how we can help.

What Happens If You Refuse a Breath Test After a DWI Stop in Texas?

November 14, 2025/0 Comments/in Texas DWI Defense/by LS_admin

If you’re pulled over in Texas and an officer suspects you’ve been drinking, you might be asked to take a breathalyzer test. Many people hesitate—and some flat-out refuse. But what happens next? Can refusing actually hurt your case? The answer is: it depends.

Understanding the legal consequences of refusing a breath test in Texas is key to making informed decisions and building your defense after a DWI arrest.

Texas Has an “Implied Consent” Law

Under Texas Transportation Code §724.011, when you drive on public roads in Texas, you automatically consent to submit to chemical testing (breath, blood, or urine) if you’re lawfully arrested for DWI. This is known as the Implied Consent law.

That means if a police officer has probable cause to believe you’re driving while intoxicated, and you’ve been placed under arrest, refusing to take a breath test can trigger automatic consequences—even if you’re never convicted.

What Are the Penalties for Refusing a Breath Test?

If you refuse to take a breath test after a lawful DWI arrest, here’s what can happen:

License Suspension: Your driver’s license can be suspended for 180 days for a first refusal. If you’ve previously refused or had a DWI-related suspension, the penalty can increase to 2 years.
Evidentiary Use in Court: Prosecutors can tell the jury you refused the test. They may argue this indicates you knew you were intoxicated.
Administrative License Revocation (ALR) Hearing: You have only 15 days from the date of your arrest to request a hearing to challenge the suspension.

Many people don’t realize the license suspension is separate from the criminal DWI case. Even if you win your DWI case, the suspension from refusing a test could still stand unless you fight it through the ALR hearing process.

What If You Were Never Properly Informed?

Texas law requires officers to read a specific statutory warning (DIC-24) before requesting a breath or blood sample. This warning informs you that refusal will result in license suspension and may be used against you in court.

If the officer failed to give this warning, or if you were coerced or confused, an experienced DWI defense attorney can use that to challenge the suspension or exclude the refusal from your criminal case.

Should You Refuse the Test?

There’s no one-size-fits-all answer. Refusing a breath test may deny police a key piece of evidence, but it also triggers immediate consequences. Factors to consider:

If you believe you are clearly over the limit, refusing might help prevent a high BAC result from entering evidence.
If you have a prior DWI, refusing may increase your penalties.
If you’re confident you’re under the limit or haven’t had much to drink, taking the test might help avoid charges altogether.

This is why it’s so important to speak with a DWI defense lawyer as soon as possible after your arrest. There are time-sensitive actions you must take to protect your license and your future.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI charge can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the expert defense you need to handle the complexities of your case and work toward a favorable resolution.

A Texas DWI conviction can affect your job, your license, your insurance, and your freedom. The Law Office of Alex Tyra, P.C. is dedicated to defending people just like you. Contact us today at (903) 753-7499 to schedule your free consultation. Let our experience work for you when it matters most.

Can I Still Be Charged With DWI in Texas If I Wasn’t Driving?

November 12, 2025/0 Comments/in Texas DWI Defense/by LS_admin

Many Texans are surprised to learn that you can be arrested for DWI even if your vehicle wasn’t moving at the time. Police don’t need to actually see you driving in order to file charges. This happens more often than people think—especially in cases where someone is found asleep or parked in their vehicle after drinking.

If you’ve been charged with DWI in Texas and you weren’t actively driving, it’s essential to understand how prosecutors justify these arrests—and how a skilled attorney can challenge them.

What the Law Says About “Operating” a Vehicle

Under Texas Penal Code §49.04, a person commits the offense of Driving While Intoxicated when they are “intoxicated while operating a motor vehicle in a public place.”

But the term “operating” isn’t clearly defined in the statute. Texas courts have interpreted “operating” to include more than just driving. If you take any action that enables the vehicle to function or shows intent to drive, prosecutors may argue that qualifies as “operating” a motor vehicle.

Real-Life Examples of Non-Driving DWI Arrests

Here are some examples where individuals have been charged with DWI in Texas without actually driving:

A driver is found asleep behind the wheel, engine running, in a parking lot.
Someone is parked on the side of the road, keys in the ignition, lights on.
A driver is in a stopped car with the air conditioning or heater running.
Someone admits they were about to drive but hadn’t yet moved the car.

In these cases, officers often claim the person had the intent and ability to operate the vehicle, which is enough to arrest them for DWI—even if the vehicle never moved.

How Prosecutors Build These Cases

To prove DWI without observing actual driving, the prosecution must establish:

The person was intoxicated (based on a chemical test, field sobriety tests, or officer observation).
The person was in control of the vehicle or capable of operating it.
The incident occurred in a public place (including parking lots or roadsides).

They may use evidence like:

Engine running
Keys in the ignition
Position of the driver
Statements made to officers
Video from body cams or security cameras

How We Challenge These Charges

At The Law Office of Alex Tyra, P.C., we know how to fight DWI charges based on weak or speculative evidence. If you weren’t driving, we can argue:

There is no proof of actual operation of the vehicle.
You may have parked legally to avoid driving impaired, which should be encouraged—not criminalized.
The officer may have violated your rights during the investigation or arrest.
Field sobriety tests or chemical tests were improperly administered or interpreted.

We’ve successfully challenged cases where our client was simply using their car to stay warm or wait for a ride home. These situations deserve careful legal analysis, not automatic punishment.

The Risks Are Real

Even if you weren’t driving, a DWI conviction can lead to:

Jail time
Fines
Driver’s license suspension
Ignition interlock requirements
Higher insurance rates
A permanent criminal record

That’s why you need an experienced attorney who understands the law and how to build a defense based on your unique situation.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI charge can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the expert defense you need to handle the complexities of your case and work toward a favorable resolution.

A Texas DWI conviction can affect your job, your license, your insurance, and your freedom. The Law Office of Alex Tyra, P.C. is dedicated to defending people just like you. Contact us today at (903) 753-7499 to schedule your free consultation. Let our experience work for you when it matters most.

What to Expect After a DWI Arrest in Texas

November 10, 2025/0 Comments/in Texas DWI Defense/by LS_admin

Being arrested for Driving While Intoxicated (DWI) in Texas is a serious matter. From the moment the flashing lights appear in your rearview mirror, the consequences can escalate quickly. Many people don’t fully understand the criminal, financial, and administrative challenges that follow a DWI arrest. If you or a loved one is facing these charges, it’s critical to understand the process—and even more important to act fast.

Immediate Aftermath of a DWI Arrest

After a DWI arrest in Texas, you will likely be taken into custody, where you’ll undergo a breath test or a blood draw. If your blood alcohol concentration (BAC) is 0.08% or higher, you can be charged with DWI. Refusing to take a test can also result in consequences, including a driver’s license suspension under Texas’s implied consent laws.

You’ll spend some time in jail, followed by a release on bail or bond. Within a short window—typically 15 days—you must request a hearing to challenge the administrative suspension of your driver’s license. Failing to act during this time can result in an automatic suspension, separate from any court-imposed penalties.

Understanding the Criminal Charges

A first-time DWI in Texas is usually charged as a Class B misdemeanor, carrying up to 180 days in jail and a fine of up to $2,000. However, aggravating factors like having a child passenger, a high BAC (0.15% or more), or causing an accident can result in felony charges.

Beyond criminal penalties, a DWI conviction can lead to a permanent criminal record, increased insurance costs, and even job loss in certain professions.

Court Dates and Legal Process

You’ll be required to appear in court for your arraignment, where you’ll be formally charged and enter a plea. From there, your case may move through pretrial hearings, plea negotiations, and possibly a trial. Throughout this process, the prosecution will build its case based on officer testimony, field sobriety test results, chemical tests, dashcam footage, and more.

Having a skilled DWI defense lawyer on your side at this point is essential. Every piece of evidence needs to be scrutinized. Was the traffic stop lawful? Was the breathalyzer properly maintained? Were your rights violated at any point?

The Importance of Acting Quickly

Time is not on your side after a DWI arrest. The sooner you retain legal counsel, the sooner you can begin working on a defense strategy. Waiting too long can result in lost opportunities to contest your license suspension or preserve evidence.

Your attorney can also represent you at the Administrative License Revocation (ALR) hearing, which is separate from your criminal case and focuses on your driving privileges.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI charge can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the expert defense you need to handle the complexities of your case and work toward a favorable resolution.

A Texas DWI conviction can affect your job, your license, your insurance, and your freedom. The Law Office of Alex Tyra, P.C. is dedicated to defending people just like you. Contact us today at (903) 753-7499 to schedule your free consultation. Let our experience work for you when it matters most.

Latest News

What Is Expungement?

When Is Expungement Available for a DWI in Texas?

1. You Were Never Charged

2. Your Case Was Dismissed

3. You Were Found Not Guilty

4. You Completed a Pretrial Diversion Program

5. You Received a Pardon

What If You Were Convicted?

Nondisclosure for First-Time DWI Convictions

Why It Matters

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

Immediate Employment Consequences

Jobs That Are Especially Vulnerable

Loss of Driving Privileges Can Affect Your Ability to Work

Background Checks and Future Employment

What Can Be Done?

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

Texas Has an Implied Consent Law

Immediate Driver’s License Suspension

Refusal Can Still Be Used Against You in Court

Police May Still Get a Warrant

Commercial Drivers and Refusal

Should You Refuse a Breath Test?

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

When Can a Passenger Be Arrested During a DWI Stop?

1. Possession of Drugs or Alcohol

2. Outstanding Warrants

3. Interfering with Police Duties

4. Public Intoxication

5. Taking Control of the Vehicle

What Should a Passenger Do During a DWI Stop?

Why Legal Representation Still Matters for Passengers

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

Texas Has an “Implied Consent” Law

What Are the Penalties for Refusing a Breath Test?

What If You Were Never Properly Informed?

Should You Refuse the Test?

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

What the Law Says About “Operating” a Vehicle

Real-Life Examples of Non-Driving DWI Arrests

How Prosecutors Build These Cases

How We Challenge These Charges

The Risks Are Real

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

Immediate Aftermath of a DWI Arrest

Understanding the Criminal Charges

Court Dates and Legal Process

The Importance of Acting Quickly

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

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