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The use of authority in order to make a driver feel obligated and without choice is not appropriate. A value instilled in most at a young age was to respect authority. Police officers are generally viewed as authority figures in the community and should so be respected. In reality they use this since of authority to manipulate the situation and take advantage of an intoxicated person. Whether this is appropriate or not is not the case, it is about knowing your rights before you get into a predicament.
In the state of Texas, officers don’t mention that you have the freedom and right to refuse sobriety tests. They often use the voice of authority to demand your respect and begin administering sobriety test before you are even aware of what is taking place. Plain and simple, in the state of Texas you are free to say no, I refuse to take any sobriety tests. Know your rights and the consequences of the choices you are capable of making.
When you refuse to take a sobriety and it is a first offense DWI in Texas, you will only be added three extra months of driving suspension in addition to what the penalty is when you blow into a breath test and failing with an alcohol level of .08 or higher. While this motor vehicle license is suspended you may obtain an occupational license for the entire suspension time which will allow you the ability to drive to and from work or school.
There is no excuse for not knowing your rights. If it happens to you, immediately seek legal advice. Legal counsel can inform you of what rights you still have and which ones may have been violated. Make the most of the bad situation by retaining and attorney that will defend your case and fight for the best solution to the problem. Some police officers would rather violate you civil right and deny communication between the DWI charge and legal counsel. Police officers should respect the authority of the Constitution they are sworn to uphold and inform you of your rights but that is often not the case in a DWI situation. If there is a question or doubt make the call to our office and let us handle your case.
The Law Office of Alex Tyra, P.C., handles misdemeanors and felonies. When you need assistance from an experienced attorney 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. We are located in Longview, Texas, and represents clients throughout East Texas including Smith County, Gregg County, Upshur County, Marion County, Cass County, Rusk County, Bowie County, Panola County, Wood County, and Harrison County. Law Office of Alex Tyra, P.C. is serves the following cities Longview, Marshall, Liberty City, Lakeport, Hallsville, Warren City, White Oak, East Mountain, Clarksville City, Gladewater, Big Sandy, Kilgore, Gilmer, Jefferson, Linden, Atlanta, Henderson, Texarkana, Tyler and Carthage.
Driving while intoxicated (DWI), referred to in some states as driving under the influence (DUI), operating under the influence (OUI) and other acronyms, is a serious traffic crime that is harshly punished. Each state mandates minimum and maximum penalties for first and subsequent DWI convictions. While a first offense is classified as a misdemeanor, subsequent offenses as well as first offenses with exacerbating circumstances are treated as felonies in most states.
A DWI charge is based on two facts: that you were operating your vehicle and that your blood alcohol concentration (BAC) was 0.08 or above, but you could be convicted of the charge with a lower BAC if your driving ability was significantly impaired. Conversely, if your driving ability was unaffected by alcohol but your BAC was at or above the legal limit, you could still be convicted. In most states, underage drivers can be convicted of DWI with far lower BAC levels.
If you have been charged with misdemeanor or felony DWI, the first thing you should do is retain an experienced attorney who specializes in DWI defense. He or she will also advise you of the specific requirements and obligations in effect in your states, and will recommend steps you should take prior to your trial in order to maximize your chances for a positive outcome.
One action that attorney’s sometimes recommend is contacting one of the state-certified agencies that administer DWI addiction assessments. The assessment is mandatory in most states after conviction, but having it done prior to the trial shows you are taking responsibility for your actions and may help your case during the sentencing phase. The assessment evaluates the whether chemical abuse or dependence is. Treatment recommendations are made if necessary.
Meanwhile, your attorney will evaluate your case to determine if all state-mandated procedures were followed during your arrest and booking, and to assess whether the BAC test was properly administered. Any deviation or omission from procedure could render the evidence collected by the police inadmissible in court. Another alternative to pleading guilty is plea bargaining. Under certain circumstances, your attorney may be able to negotiate with the prosecution to accept a guilty plea to a lesser charge. Although there will still be consequences, the repercussions may be less severe than those that follow a DWI conviction.
At the very least, experienced counsel will give you the benefit of advising you on the best steps to take to minimize the severity of the penalties imposed on you.
Contact The Law Office of Alex Tyra, P.C. For a Free Consultation
When you need assistance from an experienced attorney 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.
The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499
Law Office of Alex Tyra, P.C. is located in Longview, Texas, and represents clients throughout East Texas including Smith County, Gregg County, Upshur County, Marion County, Cass County, Rusk County, Bowie County, Panola County, Wood County, and Harrison County. Law Office of Alex Tyra, P.C. is serves the following cities Longview, Marshall, Liberty City, Lakeport, Hallsville, Warren City, White Oak, East Mountain, Clarksville City, Gladewater, Big Sandy, Kilgore, Gilmer, Jefferson, Linden, Atlanta, Henderson, Texarkana, Tyler and Carthage.
Contact The Law Office of Alex Tyra, P.C. For a Free Consultation
When you need assistance from an experienced attorney 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.
The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499