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If you’ve been pulled over in Texas and the officer suspects you’re driving under the influence, they may ask you to step out of the vehicle and perform field sobriety tests (FSTs). These tests are often portrayed as routine, but they play a crucial role in building a DWI case—and can be the first step toward an arrest.
At The Law Office of Alex Tyra, P.C., we know how police use (and misuse) field sobriety tests, and how to challenge them when they’re unreliable or improperly administered.
Field sobriety tests are a series of physical and cognitive tasks law enforcement uses to evaluate impairment during a traffic stop. The most commonly used are the Standardized Field Sobriety Tests (SFSTs) developed by the National Highway Traffic Safety Administration (NHTSA), which include:
The officer observes your eyes as you follow a moving object (usually a pen or flashlight) to detect involuntary jerking.
You’re asked to take nine heel-to-toe steps in a straight line, turn on one foot, and return the same way—while following instructions carefully.
You must stand on one foot, raise the other approximately six inches off the ground, and count aloud until told to stop.
These tests are supposed to measure balance, coordination, attention span, and the ability to follow directions—all of which can be affected by alcohol or drugs.
No. In Texas, field sobriety tests are voluntary, and you are not legally required to perform them. However, officers rarely inform drivers of this fact. Politely declining to perform FSTs will not result in an automatic license suspension, unlike refusing a chemical test (like a breathalyzer) after arrest.
Field sobriety test results are often used by officers to establish probable cause to arrest you for DWI. Once you’re arrested, you may be required to take a chemical test. Officers will note any “clues” of intoxication during the FSTs, including:
Swaying, stumbling, or losing balance
Inability to follow directions
Missteps or stopping early
Use of arms for balance
But these so-called clues aren’t always caused by alcohol. Fatigue, anxiety, medical conditions, poor coordination, uneven pavement, or even bad footwear can affect performance.
Yes—absolutely. In fact, they’re often one of the weakest points of the prosecution’s case. At The Law Office of Alex Tyra, P.C., we scrutinize every aspect of the traffic stop and testing procedure:
Was the test performed on a flat, well-lit surface?
Was the driver wearing appropriate footwear?
Did the officer provide clear, standardized instructions?
Does the driver have medical conditions or injuries that could affect balance or movement?
Was the officer properly trained to administer SFSTs?
If we can show the tests were flawed, incomplete, or misinterpreted, we may be able to suppress the officer’s testimony or reduce the charges.
Sometimes officers use non-standardized tests like reciting the alphabet backwards or touching your nose with eyes closed. These tests are not scientifically validated and have even less legal credibility.
If your arrest was based on non-standardized tests, your case may be even more vulnerable to a strong legal defense.
Field sobriety tests can be inaccurate, unfair, and misused to justify a DWI arrest. Don’t assume they prove guilt. Let The Law Office of Alex Tyra, P.C. review your stop, your tests, and your case. We know how to attack flawed DWI procedures and fight for dismissal or reduction of the charges.
Call (903) 753-7499 now to schedule your free consultation. The sooner we get involved, the stronger your defense will be.
If you hold a Commercial Driver’s License (CDL) in Texas, a DWI arrest isn’t just inconvenient—it can be career-ending. The penalties for CDL holders are far more severe than for regular drivers, even if the DWI occurred in your personal vehicle.
At The Law Office of Alex Tyra, P.C., we regularly defend commercial drivers throughout East Texas facing DWI charges, and we understand how much is on the line. Your job, your livelihood, and your future depend on how your case is handled from day one.
Commercial drivers operate larger, more dangerous vehicles and often carry passengers or hazardous materials. Because of this, federal and state laws impose stricter rules on CDL holders:
The legal BAC limit for CDL holders is 0.04% (half the standard 0.08% for non-commercial drivers) while operating a commercial vehicle.
DWI charges in a personal vehicle still affect your CDL status.
A conviction can result in immediate disqualification, even if you weren’t driving a commercial vehicle at the time.
If you are convicted of DWI in Texas (even as a first offense), and you hold a commercial license:
Your CDL will be disqualified for at least 1 year
If you were transporting hazardous materials at the time: 3-year disqualification
You may also face standard DWI penalties (jail, fines, probation, license suspension for your Class C license)
Once disqualified, you must reapply for your CDL after the suspension period—and many employers won’t rehire drivers with a DWI on their record.
If you’re convicted of a second DWI, your commercial driver’s license will be disqualified for life—with only a slim chance of reinstatement after 10 years (and only if you meet strict eligibility requirements and the offense was not hazardous-material-related).
Even before you’re convicted, your CDL may be suspended if:
You refuse a chemical test (breath or blood)
You fail a chemical test (even outside a CMV)
This is called an Administrative License Revocation (ALR) and is handled separately from the criminal case. You have 15 days from the date of arrest to request a hearing to fight the suspension.
Unlike Class C drivers, CDL holders in Texas are not eligible for an occupational or hardship license for commercial driving during suspension. That means if your CDL is disqualified, you cannot legally work in any commercial driving job until the suspension is lifted.
At The Law Office of Alex Tyra, P.C., we work aggressively to:
Challenge the legality of the traffic stop or arrest
Suppress invalid chemical test results
Negotiate for reductions to charges that don’t impact your CDL (such as reckless driving or obstruction of a roadway)
Represent you at your ALR hearing to fight administrative disqualification
Help you maintain employment during the case process where possible
If you drive for a living, your defense needs to reflect the higher stakes involved.
One DWI conviction could cost you your entire career as a commercial driver. If you’ve been arrested—whether in a big rig or your personal vehicle—don’t wait. Let us fight to protect your license, your record, and your livelihood.
Call (903) 753-7499 today for your free consultation with a DWI defense attorney who understands the impact on commercial drivers and knows how to protect what matters most.
If you’ve been arrested or convicted for driving while intoxicated (DWI) in Texas, the consequences don’t end in the courtroom. One of the most lasting effects is the dramatic increase in your auto insurance premiums. Even a first-time DWI can send your rates skyrocketing—and in some cases, your insurer may drop you entirely.
At The Law Office of Alex Tyra, P.C., we help clients not only fight the DWI charge itself, but also understand the broader consequences that come with it—especially when it comes to auto insurance and long-term financial impact.
Auto insurance companies use risk assessment to set your premiums. A DWI conviction (or even arrest in some cases) immediately classifies you as high-risk, which results in:
Higher monthly premiums
Loss of “good driver” discounts
Additional policy restrictions
Requirement to carry SR-22 insurance
Depending on the insurer, your rates could double or even triple after a DWI.
A DWI typically remains on your Texas driving record for life, but most insurers only look back 3 to 5 years when setting rates. However, if you are required to file an SR-22, that can last 2 to 5 years, depending on the court order and DPS requirements.
During that time, you’ll be required to maintain continuous insurance without lapse—and the policy must be from a company that provides high-risk coverage.
An SR-22 is not a type of insurance but rather a certificate of financial responsibility that your insurance company files with the Texas Department of Public Safety (DPS) to prove that you’re carrying the required minimum coverage.
Texas typically requires an SR-22 for:
DWI convictions
Refusal to submit to a breath or blood test
Driving without insurance
License suspensions related to alcohol or drug offenses
If your policy lapses during the SR-22 period, DPS will be notified immediately, and your driver’s license may be suspended again.
Yes—but it becomes more difficult. Many standard insurance carriers either:
Refuse to issue policies to DWI offenders
Quote unaffordable premiums
Require full annual payment up front
You may need to switch to a non-standard or high-risk insurer, which often provides fewer benefits at a higher cost.
The best way to prevent insurance rate hikes after a DWI is to avoid a conviction. At The Law Office of Alex Tyra, P.C., we explore every opportunity to:
Dismiss or reduce your charges
Challenge evidence from breath or blood tests
Negotiate for non-DWI resolutions (e.g., reckless driving, obstruction of highway)
Delay or avoid license suspensions that trigger SR-22 filings
Even if you’re convicted, we work to minimize the damage by helping you comply with SR-22 requirements and explore expunction or sealing options when eligible.
A DWI conviction can do more than damage your reputation—it can affect your finances for years by increasing your auto insurance rates and forcing you into high-risk coverage. At The Law Office of Alex Tyra, P.C., we’re here to help you avoid or reduce those consequences with experienced, aggressive legal representation.
Call us today at (903) 753-7499 for a free consultation. Let’s talk about your case and what we can do to protect your license, your record, and your wallet.
Being arrested for DWI in Texas is overwhelming—but for many people, the anxiety only grows as they face their first court appearance. Knowing what to expect can help you feel more prepared and in control of your case.
At The Law Office of Alex Tyra, P.C., we represent clients in courts across East Texas. We walk them through every step, starting with their first court date—which is often the most important one in terms of setting the tone for the case.
Your initial court date is typically called an arraignment. This is not a trial—it’s a formal hearing where the judge advises you of:
The charges against you
Your constitutional rights
The potential penalties
Your right to an attorney
The judge will also ask how you want to plead: guilty, not guilty, or no contest.
In most cases, we advise clients to plead not guilty at this stage so we can begin building a defense, request evidence, and explore legal strategies before making any decisions about plea deals or going to trial.
Absolutely. Even though the first appearance may seem routine, important things happen that could affect your entire case. If you don’t have a lawyer:
You may not fully understand the charges or penalties
You could unknowingly waive key rights
You risk making statements that can be used against you later
When we represent clients at arraignment, we often use this opportunity to:
Begin negotiating with prosecutors
Request the police report, breath/blood test results, and dashcam footage
Push for dismissal or reduction of charges where appropriate
Failing to appear—even for a misdemeanor DWI—can lead to:
A bench warrant for your arrest
Bond forfeiture
Additional criminal charges
Driver’s license suspension
If you’ve missed a court date, contact us immediately. In many cases, we can file a motion to withdraw the warrant and get you back on the court’s calendar without being arrested.
You’ll be asked to confirm:
Your name and current address
Whether you understand the charge
Whether you plan to hire an attorney or request court-appointed counsel
If we’re already representing you, we’ll speak on your behalf. You’ll rarely need to speak unless addressed directly.
Sometimes prosecutors offer a plea deal at the first court appearance—but don’t be pressured. Accepting a deal without reviewing the evidence can lead to permanent consequences, including:
A criminal record
License suspension
Fines and probation
Ignition interlock requirements
Our job is to protect your record and minimize damage. We’ll review the offer and only advise you to accept it if it’s truly in your best interest.
First impressions matter. We recommend:
Wearing business casual attire (no shorts, tank tops, or flip-flops)
Arriving 15–30 minutes early
Turning off your phone
Addressing the judge as “Your Honor”
Be respectful. Anything you say or do in court becomes part of the public record.
Your first DWI court appearance is one of the most important steps in your defense—and you don’t have to go through it alone. Let us stand beside you, speak for you, and protect your rights from day one.
A Texas DWI conviction can have a lasting impact on many aspects of your life, but understanding the process and knowing how to respond can make a major difference. The Law Office of Alex Tyra, P.C. is here to provide experienced representation in Longview, Tyler, and across East Texas.
Call (903) 753-7499 today to schedule your free consultation.
Most people assume that only the driver faces legal consequences during a DWI stop in Texas. But passengers are not always in the clear. While they can’t be charged with driving while intoxicated if they weren’t behind the wheel, certain actions or circumstances can expose passengers to serious legal charges as well.
At The Law Office of Alex Tyra, P.C., we’ve defended both drivers and passengers in DWI-related stops across East Texas. Here’s what every passenger should know.
If you were not driving, you cannot be charged with DWI in Texas. Under Texas Penal Code § 49.04, the state must prove the accused was “operating a motor vehicle in a public place while intoxicated.” That means no operation = no DWI.
However, you can be charged with other crimes during the same stop, depending on your behavior and the circumstances.
If you’re drunk in the vehicle and the officer believes you’re a danger to yourself or others, you could be arrested for public intoxication—even if you’re just sitting in the passenger seat.
This is a Class C misdemeanor, but it still results in an arrest, a criminal record, and possibly jail time if you’re disorderly.
If there’s an open container of alcohol in the car, every person in the vehicle can be cited. That includes unopened drinks that have been partially consumed or any container with broken seals.
If the officer finds illegal substances or paraphernalia in the vehicle, passengers can be charged with constructive possession, especially if the item is within their reach and they don’t deny ownership.
In these cases, the police may arrest all passengers and let the courts sort out who the item belonged to.
If you argue with police, film aggressively, or interfere with the driver’s field sobriety tests, you could face charges for obstruction, failure to obey a lawful order, or disorderly conduct.
These are usually misdemeanors—but they can escalate if the situation gets out of hand.
If the officer can’t tell who was driving and suspects the passenger switched seats to avoid a DWI charge, you may be treated as the driver. Police will look at:
Warmth of the hood
Seat position and seatbelt use
Witness statements
Surveillance footage or officer dashcam
If they believe you were driving, even briefly, you can be charged with DWI—even if you were in the passenger seat when they arrived.
Stay calm and quiet: You are not legally required to speak beyond identifying yourself.
Avoid admitting anything: Don’t claim ownership of alcohol or drugs in the vehicle.
Do not interfere: Even if you think the driver is being mistreated, avoid physical or verbal escalation.
Contact an attorney immediately if you’re arrested or cited.
A DWI stop can lead to criminal charges for passengers too—especially if there’s alcohol, drugs, or tension with law enforcement. At The Law Office of Alex Tyra, P.C., we’ve helped passengers get charges dismissed and records sealed. Whether you’re facing a public intoxication citation or a more serious charge tied to a DWI stop, we’re ready to defend your rights.
Call (903) 753-7499 today for a free consultation and protect your record and your future.
A Texas DWI arrest or conviction can follow you long after you’ve paid your fines or served your sentence. For many people, the lingering concern is: How long will this stay on my record? The answer depends on several factors, including whether you were convicted, the type of DWI offense, and whether you qualify for an expunction or nondisclosure.
At The Law Office of Alex Tyra, P.C., we work closely with clients throughout East Texas to minimize the long-term impact of a DWI arrest or conviction and explore every available path to sealing or clearing their criminal records.
Texas does not automatically remove a DWI from your criminal record after a set number of years. Once you’re arrested and charged, the DWI appears in criminal background checks—even if your case is later dismissed—unless you take steps to have it expunged or sealed.
This means a DWI can show up:
When applying for a job or promotion
When applying for housing
During college or graduate school applications
On professional license background checks
Even one arrest can negatively impact your life for years.
You may be eligible for expunction if your DWI case was:
Dismissed without a conviction
You were acquitted at trial (found not guilty)
You successfully completed a pre-trial diversion program
The charge was never formally filed
Expunction removes the DWI from your criminal record completely—like it never happened. However, it’s not availableif you were convicted, placed on probation, or received deferred adjudication for most DWI offenses.
There is typically a waiting period before expunction is available. For example, if the DWI charge was never filed, you may need to wait up to 2 years to qualify.
If you were convicted of a first-time DWI and met certain conditions, you may be able to petition for a nondisclosure, which seals your record from the public (but not from law enforcement or licensing agencies).
You must meet specific eligibility requirements, such as:
No prior convictions
Your blood alcohol content (BAC) was below 0.15
You completed your sentence and any required waiting period (typically 2 years after probation or jail time ends)
You paid all court costs and fees
Nondisclosure is not available for repeat DWI offenses, DWIs involving accidents, or if you were convicted of other disqualifying crimes.
A DWI conviction in Texas doesn’t “drop off” your record after 7 or 10 years. While insurance companies and some employers may only look at the past 3–7 years, the legal system sees every DWI on your record—no matter how long ago it occurred.
This can come back to haunt you if:
You’re arrested again for a DWI
You apply for a professional license
You’re trying to clear your record later
Each new DWI enhances the penalties. A second DWI has steeper consequences, and a third becomes a felony, even if your first arrest was 20 years ago.
If you were arrested but not convicted, don’t wait. Time-sensitive deadlines apply to expunctions and sealing petitions. The sooner we evaluate your case, the more likely we can help you clear or seal your record and avoid long-term consequences.
If you were convicted of a first-time DWI, we can evaluate whether you meet the criteria for a nondisclosure and guide you through the process step by step.
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 defense you need to pursue 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.
Call us now at (903) 753-7499 to discuss your case and explore your options for defense. Our experienced team is here to help you move forward and protect your future.
If you’ve been arrested or convicted for DWI in Texas, you may be facing more than just fines or a suspended license—you may also be required to install an ignition interlock device (IID) on your vehicle. For many, this requirement feels like a punishment in itself. But understanding what an IID is, when it’s required, and how to comply with the law can help you minimize the disruption to your life.
At The Law Office of Alex Tyra, P.C., we help drivers facing DWI charges understand their obligations and fight for better outcomes.
An ignition interlock device is a breathalyzer that’s installed directly into your car. Before starting your vehicle, you must blow into the device. If it detects alcohol above a preset limit (usually 0.02% or 0.04% BAC), the engine will not start.
Some devices also require “rolling retests” while the vehicle is in motion to ensure you haven’t consumed alcohol after starting the car.
The device is wired into your ignition and records data including:
BAC test results
Any failed attempts to start
Missed calibrations or service appointments
Any attempts to tamper with or remove the device
This data is sent to the monitoring authority, such as your probation officer, the court, or the Department of Public Safety (DPS).
Whether you must install an IID depends on several factors, including the nature of the offense and whether it is your first DWI. You may be required to install an IID if:
You are convicted of a second or subsequent DWI
Your BAC was 0.15 or higher
You are granted an occupational license after your DWI arrest
A judge includes the IID as a condition of bond, probation, or deferred adjudication
Even first-time offenders may be ordered to use an IID, especially if the court believes it will protect public safety.
The length of time you must use an ignition interlock device varies, but can range from a few months to two years or more depending on the case and whether there were prior convictions. The court or DPS will determine the minimum period and any conditions you must meet to have the device removed.
Failing to comply can result in:
Probation revocation
Additional criminal charges
Loss of occupational license
Extension of IID requirements
You are responsible for the cost of installing, maintaining, and monitoring the IID. The average fees include:
Installation: $70–$150
Monthly monitoring: $60–$100
Removal: $50–$100
These costs can add up quickly. In some cases, courts may waive or reduce fees for those who can demonstrate financial hardship, but you must file the appropriate petition and documentation.
One of the most effective ways to avoid the ignition interlock requirement is to fight the DWI charge itself. If we succeed in getting the charges dismissed or reduced to a non-alcohol-related offense, the court may not order an IID at all.
At The Law Office of Alex Tyra, P.C., we also fight to:
Challenge BAC evidence that triggers the IID requirement
Negotiate plea deals that minimize or eliminate IID use
Ensure your rights are protected at all stages of your case
In many cases, we’ve helped clients avoid an interlock device entirely—or reduced the length of time they were required to use one.
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 defense you need to pursue 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.
Call us now at (903) 753-7499 to discuss your case and explore your options for defense. Our experienced team is here to help you move forward and protect your future.