News - Alex Tyra Law Office

Understanding Sexual Assault Criminal Charges in Texas

May 29, 2022/in Criminal Defense/by LS_admin

Sexual assault is a legal term that includes unsolicited sexual contact, rape, certain types of harassment, exploitation by a person of authority, sexual advances toward a child, or molestation. Many different things are involved in sexual abuse criminal cases, and these criminal offenses are very serious. Sexual assault affects both the sex abuse victim and the accused. For many years, the number of sexual assault arrest have been increasing throughout the state of Texas and the United States. These charges range from men attacking women to sexual abuse against children.

Sexual abuse against children is usually brought to light several years after the sex abuse has taken place, which makes these cases harder to pursue by the state. Every sexual abuse claim involves testimonies, and an experience sax abuse defense lawyer can challenge these testimonies to raise doubts about the legitimacy of the claims.

When a sex abuse witness has a shaky testimony, that witness can have several inconsistencies in their story. This is especially true as time goes by and memories grow short. A lot of time, sex assault cases are brought many years after the alleged act. That is why it is so important to question the validity of witnesses.

Tragically, despite how the Defendant’s case turns out, people who are accused of a sex crime can be permanently branded with those criminal charges. That is why you need an attorney to investigate the alleged sexual assault. Never take criminal charges, epsecially sex crimes, lightly.

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.

What is a Texas Occupational Driver’s License?

April 13, 2022/in Texas DWI Defense/by LS_admin

If you have been arrested and charged with a DWI in Texas, you must request a driver’s license administrative hearing as quickly as possible to be able to protect your ability to drive. In Texas, a person loses their driver’s license when they decline blood or breath chemical testing during a DWI investigation or if the driver’s chemical testing shows their blood alcohol concentration is .08 or higher. The law enforcement officer is required to provide you with a Notice of Suspension. This Notice of Suspension is a 40-day temporary driver’s permit. However, driver’s charged with DWI only have 15 days from the date of their charge to request an Administrative License Revocation (ALR) hearing to fight for their driving privileges. Failure to do so will result in the automatic driver’s license suspension on day 40 after the date of the Notice of Suspension.

ALR hearings are very important for several reasons. First, you and your attorney can fight to get your driver’s license back. Also, this helps your DWI attorney to review the evidence against you and properly prepare for the DWI criminal proceeding. At an ALR hearing, your DWI attorney can request certain evidentiary items that will help them understand how the State Attorney will handle the DWI criminal trial.

In Texas, our attorney can help you fight for an occupational license. An occupational license is a restricted driver’s license issued to drivers who had their regular driver’s license suspended or revoked due to certain criminal offenses. An occupational license permits you to operate non-commercial motor vehicles to school, job, or to perform certain household duties such as grocery shopping. There are special requirements that you must meet to obtain an occupational license in Texas, including providing a pink SR-22 certificate of insurance, paying certain fees, and providing a certified copy of the petition.

Should you or a loved one be arrested and charged for DUI/DWI in Texas, you will want to know the answers to common questions.

If convicted, what penalties and punishments am I facing?
Can I avoid a jail sentence?
How will a DWI conviction on my record impact my future employment and current job?
Will other people find out that I have was arrested for DWI

It is vital that you speak with an experienced East Texas DWI defense attorney immediately for the answers that you can trust to those important questions. Call (903) 753-7499 or e-mail the firm to receive your free initial consultation.

Can You Defend Against Field Sobriety Test Faiures in a Texas DWI Criminal Trial?

April 6, 2022/in Texas DWI Defense/by LS_admin

Absolutely. However, to beat the State’s case against you, our East Texas DWI Defense Attorney has to attack the validity of the prosecution’s field sobriety tests and other evidence.

When a driver is pulled over and the law enforcement officer begins a DWI investigation against the driver, it is very common for the officer to order the driver to submit to what is called a “Field Sobriety Test.” These tests are performed in front of the police cruiser’s camera and voice recorder and is used as evidence in a DWI criminal case.

However, that evidence could be suppressed weakening the State’s case against you. According to the National Highway Traffic Safety Administration (NHTSA) manuals, if the Field Sobriety Tests were not performed properly by the law enforcement officer, or if performed without following to the training protocols, the validity of those Field Sobriety Tests and subsequent evaluations could be compromised. In other words, our attorneys may be able to persuade the judge to throw out your Field Sobriety Tests. This could help us to either plea down your DWI charge or have your case dismissed all together.

Most Field Sobriety Tests have very low reliability ratings. Meaning, these tests are far from being 100% accurate. Moreover, experienced DWI defense attorneys understand that 98% or more of law enforcement officers conducting these Field Sobriety Tests conduct them in a way not approved by the SFST guidelines. Most officers also grade the evaluations incorrectly. When these tests are performed incorrectly, these evaluations have no predicted reliability.

The latest scientific research of Field Sobriety Test scoring and protocols have put the NHTSA “Standardized Field Sobriety Tests (“SFSTs”) into question. An increasing number of DWI courts are now declaring these tests as invalid.

If you, a friend, or a member of your family has been arrested and charged with DUI/DWI in Texas, speak with our experienced East Texas DWI defense lawyer immediately for the answers to your important questions.

Call (903) 753-7499 or e-mail the firm to schedule your free initial consultation.

Can You Defend Against Field Sobriety Test Faiures in a Texas DWI Criminal Trial?

April 6, 2022/in Texas DWI Defense/by LS_admin

Absolutely. However, to beat the State’s case against you, our East Texas DWI Defense Attorney has to attack the validity of the prosecution’s field sobriety tests and other evidence.

When a driver is pulled over and the law enforcement officer begins a DWI investigation against the driver, it is very common for the officer to order the driver to submit to what is called a “Field Sobriety Test.” These tests are performed in front of the police cruiser’s camera and voice recorder and is used as evidence in a DWI criminal case.

However, that evidence could be suppressed weakening the State’s case against you. According to the National Highway Traffic Safety Administration (NHTSA) manuals, if the Field Sobriety Tests were not performed properly by the law enforcement officer, or if performed without following to the training protocols, the validity of those Field Sobriety Tests and subsequent evaluations could be compromised. In other words, our attorneys may be able to persuade the judge to throw out your Field Sobriety Tests. This could help us to either plea down your DWI charge or have your case dismissed all together.

Most Field Sobriety Tests have very low reliability ratings. Meaning, these tests are far from being 100% accurate. Moreover, experienced DWI defense attorneys understand that 98% or more of law enforcement officers conducting these Field Sobriety Tests conduct them in a way not approved by the SFST guidelines. Most officers also grade the evaluations incorrectly. When these tests are performed incorrectly, these evaluations have no predicted reliability.

The latest scientific research of Field Sobriety Test scoring and protocols have put the NHTSA “Standardized Field Sobriety Tests (“SFSTs”) into question. An increasing number of DWI courts are now declaring these tests as invalid.

If you, a friend, or a member of your family has been arrested and charged with DUI/DWI in Texas, speak with our experienced East Texas DWI defense lawyer immediately for the answers to your important questions.

Call (903) 753-7499 or e-mail the firm to schedule your free initial consultation.

Texas’ Implied Consent Laws and Refusing Breathalyzer Tests

March 14, 2022/in Criminal Defense/by LS_admin

If you or a member of your family have been pulled over due to suspicion of driving while under the influence DWI), it is important to know your legal rights. Texas’ DWI laws are intricate and continue to develop. When a law enforcement officer asks you to submit to a roadside breathalyzer test or field sobriety test, you might not know if you are required by law to do so. Here are the facts you should understand concerning your legal rights and whether you can refuse a breathalyzer test in Texas.

The Implied Consent Laws in Texas

Until November 28, 2014, Texas had implied consent laws in place. Under these traffic laws, an individual who has been pulled over for suspicion of driving while intoxicated was obligated to provide a breath sample or blood chemical test if asked to do so. According to those laws, if a driver refused to submit to chemical testing would be forced to comply. However, the Supreme Court ruled on this issue and stated that it is unconstitutional to take a breath or blood sample from a person without a warrant- unless the driver has provided consent.

What Are the Penalties in Texas for Refusing to Submit to a Breathalyzer, Urine, or Blood Test?

Although the Supreme Court decided that warrants may be required to take a person’s blood, urine, or blood does not preclude legal consequences for refusing to submit to a urine, blood, or breath test. While drivers in Texas may refuse to submit to chemical testing, there are stiff legal repercussions for refusals, including:

180-day driver’s license suspension for a first-time refusal.
Two-year driver’s license suspension for a second-time refusal.
Two-year driver’s license suspension for a third or subsequent chemical test refusal.

When deciding to refuse a chemical test, one thing to consider is that it may be more difficult for the prosecutor to convict you of a DWI since there will be no breath or blood alcohol content evidence. If you are arrested for DWI, contact our firm at (903) 753-7499 for your free consultation and legal advice.

Can I avoid a driver’s license suspension?

When a driver refuses to submit to a chemical test and/or field sobriety tests, it’s probable that your driver’s license will be automatically suspended. However, there is a 15-day window in which you may request an administrative hearing to prevent your driver’s license from being suspended. Failure to request a driver’s license hearing within the 15-day period will cause your right to a hearing to be forfeited. You may request the hearing even if you submitted to a breathalyzer and failed. It is important that you retain an attorney as soon as possible and you and your DWI attorney prepare for the driver’s license hearing.

Contact Our Longview DWI Defense Attorney Immediately

Since you only have fifteen days to request a driver’s license hearing and present your defense, you must seek legal counsel as quickly as possible. To meet with our experienced DWI attorney today, call (903) 753-7499.

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Texas’ Implied Consent Laws and Refusing Breathalyzer Tests

March 14, 2022/in Criminal Defense/by LS_admin

If you or a member of your family have been pulled over due to suspicion of driving while under the influence DWI), it is important to know your legal rights. Texas’ DWI laws are intricate and continue to develop. When a law enforcement officer asks you to submit to a roadside breathalyzer test or field sobriety test, you might not know if you are required by law to do so. Here are the facts you should understand concerning your legal rights and whether you can refuse a breathalyzer test in Texas.

The Implied Consent Laws in Texas

Until November 28, 2014, Texas had implied consent laws in place. Under these traffic laws, an individual who has been pulled over for suspicion of driving while intoxicated was obligated to provide a breath sample or blood chemical test if asked to do so. According to those laws, if a driver refused to submit to chemical testing would be forced to comply. However, the Supreme Court ruled on this issue and stated that it is unconstitutional to take a breath or blood sample from a person without a warrant- unless the driver has provided consent.

What Are the Penalties in Texas for Refusing to Submit to a Breathalyzer, Urine, or Blood Test?

Although the Supreme Court decided that warrants may be required to take a person’s blood, urine, or blood does not preclude legal consequences for refusing to submit to a urine, blood, or breath test. While drivers in Texas may refuse to submit to chemical testing, there are stiff legal repercussions for refusals, including:

180-day driver’s license suspension for a first-time refusal.
Two-year driver’s license suspension for a second-time refusal.
Two-year driver’s license suspension for a third or subsequent chemical test refusal.

When deciding to refuse a chemical test, one thing to consider is that it may be more difficult for the prosecutor to convict you of a DWI since there will be no breath or blood alcohol content evidence. If you are arrested for DWI, contact our firm at (903) 753-7499 for your free consultation and legal advice.

Can I avoid a driver’s license suspension?

When a driver refuses to submit to a chemical test and/or field sobriety tests, it’s probable that your driver’s license will be automatically suspended. However, there is a 15-day window in which you may request an administrative hearing to prevent your driver’s license from being suspended. Failure to request a driver’s license hearing within the 15-day period will cause your right to a hearing to be forfeited. You may request the hearing even if you submitted to a breathalyzer and failed. It is important that you retain an attorney as soon as possible and you and your DWI attorney prepare for the driver’s license hearing.

Contact Our Longview DWI Defense Attorney Immediately

Since you only have fifteen days to request a driver’s license hearing and present your defense, you must seek legal counsel as quickly as possible. To meet with our experienced DWI attorney today, call (903) 753-7499.

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Texas Field Sobriety Test Laws

March 1, 2022/in Criminal Defense/by LS_admin

Texas is tough on driving while under the influence of drugs and/or alcohol. Every year Texas law enforcement officers arrest nearly 100,000 drivers for DWI. About 70% of those arrests result in convictions. When a driver is pulled over for suspicion of driving while intoxicated, the police officer will examine the driver for signs of impairment. Those signs include an odor of alcohol emanating from the driver, red eyes, slurred speech, delayed reactions, or fumbling.

Should a law enforcement officer assume that a driver is driving while intoxicated, the police officer will typically ask the driver to submit to field sobriety tests. The National Highway Traffic Safety Administration states that three tests comprise the Standardized Field Sobriety Test. Those testing include:

the One-leg Stand Field Sobriety Test;
the Horizontal Gaze Nystagmus Field Sobriety Test; and
the Walk-and-turn Field Sobriety Test.

Can a Driver Refuse to Take a Field Sobriety Test in Texas?

A law office enforcement might decide to administer field sobriety tests to affirm their belief that the driver is driving while under the influence. The accuracy of confirming intoxication increases when several tests are utilized. It is important to understand that you can refuse to perform field sobriety tests in the state of Texas. In Texas, there are no penalties for refusing to submit to field sobriety tests. However, the police officer may use this refusal to have probable cause to arrest the driver. A jury may also assume that the driver’s refusal is evidence that they were intoxicated.

Also, in lieu of field sobriety testing, the law enforcement officer might ask the driver to provide a specimen of breath or blood to ascertain the driver’s level of intoxication. A driver may refuse chemical testing in the state of Texas, but a driver who refuses to provide a breath or blood test after an arrest for DWI could lose their driver’s license from 90 days (first refusal) to 2 years (all subsequent refuses).

If you or a family member have refused or failed a field sobriety test, and have been arrested and charged with a DWI, contact our experienced DWI attorney to protect your legal rights.

Contact Our Longview DWI Defense Attorney Immediately

Since you only have fifteen days to request a driver’s license hearing and present your defense, you must seek legal counsel as quickly as possible. To meet with our experienced DWI attorney today, call (903) 753-7499.

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Latest News

Understanding Sexual Assault Criminal Charges in Texas

What is a Texas Occupational Driver’s License?

Can You Defend Against Field Sobriety Test Faiures in a Texas DWI Criminal Trial?

Can You Defend Against Field Sobriety Test Faiures in a Texas DWI Criminal Trial?

Texas’ Implied Consent Laws and Refusing Breathalyzer Tests

The Implied Consent Laws in Texas

What Are the Penalties in Texas for Refusing to Submit to a Breathalyzer, Urine, or Blood Test?

Can I avoid a driver’s license suspension?

Contact Our Longview DWI Defense Attorney Immediately

Texas’ Implied Consent Laws and Refusing Breathalyzer Tests

The Implied Consent Laws in Texas

What Are the Penalties in Texas for Refusing to Submit to a Breathalyzer, Urine, or Blood Test?

Can I avoid a driver’s license suspension?

Contact Our Longview DWI Defense Attorney Immediately

Texas Field Sobriety Test Laws

Can a Driver Refuse to Take a Field Sobriety Test in Texas?

Contact Our Longview DWI Defense Attorney Immediately

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