News - Alex Tyra Law Office

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

Hit-and-run Criminal Charges in Longview, Texas

February 6, 2022/in Firm News/by LS_admin

The Criminal Penalties for a Hit & Run Criminal Charge in Texas

Motor vehicle accidents are usually a civil matter. However, if a driver causes or is involved in a car wreck and then flees the accident scene, that driver has committed a serious error and will be criminally charged when found and arrested.

The crime of “Leaving the Scene of an Accident” occurs when a driver hits another motor vehicle, a pedestrian, a cyclist, or someone else’s property, then flees the scene by vehicle or by foot. In Texas, drivers who are involved in an accident must provide contact information, exchange insurance details, and check for injuries. Moreover, all drivers involved in a Texas motor vehicle accident legally obligated to stay at the accident scene unless severely injured.

In Texas, a hit-and-run with property or vehicle damage that is under $200 is a Class C Misdemeanor criminal charge. The defendant, if found guilty, will be fined $500.

For hit-and-run accidents causing more than $200 in damage to another’s vehicle or property, the at-fault driver will charged with a Class B Misdemeanor. Class B Misdemeanors are punished with no more than six months in jail and/or fine of up to $2,000.

If the hit-and-run accident involves non-life-threatening injuries, the crime is charged as a felony offense and carries up to five years in prison and/or a fine of up to $5,000. If a hit-and-run accident involves a severe injuries or death, the crime is charged as a third-degree felony. Third-degree felonies in Texas are punished with up to ten years in prison and/or a fine of up to $10,000.

A Few Potential Legal Defenses to Hit-and-run Criminal Charges in Texas, include:

Medical Emergency – The driver was responding to a medical emergency and was heading to the emergency room.

Unaware of the Crash – The hit-and-run driver did not know they were involved in the accident.

Involuntary Intoxication – The hit-and-run driver was drugged without their knowledge and was involuntarily intoxicated while driving.

If you or a member of your family have been charged with “Leaving the Scene of an Accident” with our without injuries or death in Texas, contact The Law Office of Alex Tyra, P.C. at (903) 753-7499 for your free case review with our legal team.

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

Defending Against DWI Criminal Charges in Texas

February 3, 2022/in Firm News/by LS_admin

When someone has been charged with Driving While Intoxicated (DWI) in Texas, the defendant is presumed innocent, and Texas prosecutors have the burden of proving the defendant is guilty beyond a reasonable doubt. The defendant will be acquitted of the DWI criminal charge if the State’s Attorneys fail to meet its burden of proof in the DWI criminal case. An effective DWI defense in Texas protects the defendant’s presumption of innocence while preventing State Attorneys from fulfilling its burden of proof.

What State Attorneys Must Prove in a DWI Criminal Trial

Effective DWI defense strategies involve attacking the prosecution’s case while maintaining the defendant’s presumption of innocence. An individual can be convicted when the prosecution submits admissible evidence that refutes the defendant’s presumption of innocence. For someone in Texas to be found guilty of comitting DWI, the prosecution must persuade a jury that

(1) the defendant operated a vehicle,

(2) in public while either

(3) under the influence of drugs and/or alcohol with a blood alcohol content (BAC) of 0.08 or greater.

The accused will be acquitted of DWI if the prosecution is unable to prove the defendant is guilty of those three elements of a Texas DWI. In Texas, a person cannot be tried for the same crime after they have been acquitted of a crime.

Top Texas DWI Trial Defenses

Challenging the Lawfulness of the Traffic Stop

During the DWI pre-trial stage, your criminal defense lawyer might find evidence that makes contesting the police’s traffic stop in your case. This action is called a Motion to Suppress Evidence. The prosecution has to prove that the law enforcement officer didn’t violate the defendant’s constitutional rights to protect against “unreasonable searches and seizures.” State Attorneys are required to prove the police officer had a specific reason to stop the defendant. The prosecution must also prove that statements made by the did not violate their Miranda warnings, and any of their statements were made voluntarily without coercion. The criminal justice judge will order all evidence, including the video recording of the traffic stop, police observations, booking video, field sobriety test video, portable breath test results, driver statements, breathalyzer tests, or test refusal to rule if law enforcement officers violated the defendant’s constitutional rights. If any or all of the evidence is suppressed, the prosecution may not use suppressed evidence at the DWI criminal trial. This could result in a dismissal of the DWI charges.

Challenging All of the DWI Tests

Another strong defense could include attacking the prosecution’s evidence such as chemical testing, field sobriety tests, the officer’s Horizontal Gaze Nystagmus (HGN) test. Your DWI defense attorney might attack the prosecution’s evidence on the grounds that the testing is not scientifically reliable and shouldn’t be entered into evidence at the DWI trial. The defense may also attack the State’s expert by arguing the State’s expert lacks the training, experience, and knowledge to present a dependable scientific opinion at trial. These attacks will be made a trial. However, it is advantageous to attack the expert at pre-trial. Winning a pre-trial contest concerning scientific evidence helps the defense understand the evidence before trial.

A winning DWI defense strategy explores all potential defenses. Since every DWI criminal case is unique, our experienced DWI defense attorney explores all possible avenues to defend a DWI criminal case.

If you or a member of your family have been charged with DWI in Texas, contact The Law Office of Alex Tyra, P.C. at (903) 753-7499 for your free case review with our legal team.

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

Fatal Truck Accidents Have Surged in the Dallas-Fort Worth Metroplex

January 15, 2022/in Accidents Cases/by LS_admin

According to a news report posted on star-telegram.com, a severe truck accident occurred along Loop 820 in North Richland Hills, Texas. The crash occurred between a fuel tanker truck and a truck hauling animal waste. The accident was fatal and the truck fire burned for several hours. One truck driver died, and two other people were seriously injured. According to the report, accidents have uptick since the beginning of the coronavirus pandemic and fatal accident involving commercial vehicles have increased.

Deadly truck accidents have been on the increase nationwide leaving traffic safety experts wondering what to do to reduce these deadly collisions. In Texas, traffic safety experts have been working on new solutions to improve road safety. However, the Dallas-Fort Worth Metroplex’s has seen substantial growth and crisis in the transportation industry.

When the epidemic began, traffic volume fell and local transit experts expected road safety to improve. However, in March of 2020, the number of fatal accidents sudsy began to surge, according to the director of transportation at the North Central Texas Council of Governments. This was a surprise since miles traveled nationwide fell by 13% in 2020, while traffic accident fatalities grew by 7% in 2020. According to the National Highway Safety Administration, the number of people who died in motor vehicle accidents grew by 10% in 2020. In the twelve counties spanning the Dallas-Fort Worth area, Collin, Dallas, Denton, Ellis, Hood, Hunt, Johnson, Kaufman, Parker, Rockwall, Tarrant and Wise counties, the number of truck-related fatal accident grew in 2020 and 2021. The area had 78 fatal accidents involving commercial vehicles in 2019. That number grew to 90 in 2020 and 92 in 2021.

Safety experts believe the reason for the increase is the amount of open road due to less traffic. Drivers began driving faster and more recklessly and this increase the chances of causing a fatal accident. Law enforcement authorities have stated that they are witnessing more aggressive driving on on the road. Many drivers are weaving in and out of traffic lanes and as more people returned to work, these bad driving behaviors continued leading to more fatal accidents.

According to Lance Simmons, the Texas Department of Transportation’s Director of Engineering and Safety Operations, there seems to be more angry drivers on the road. on the road and they are seeing people taking a lot more risks. Although the Texas Department of Public Safety has a people dedicated commercial vehicle safety and law enforcement, not all roadways are conducive to enforcement, according to SergeantJosue De La Cerda. Oftentimes, there is no place for law enforcement officers to safely conduct a traffic stop,

Another issues is fatigued driving. Although truckers are limited in the number of hours they are permitted to drive, some truckers experience “Road Hypnosis.” Road Hypnosis occurs when a driver follows endless yellow lines, watches cars pass, and are listening to the constant hum of the truck’s tires and engine. This can put truck drivers into a “trance-like state,” said Carlos Mendez. Mr. Mendes is a former truck driver and he is the lead organizer with Teamsters Local 745 in Dallas, Texas. Mendez also believes the “unprecedented driver shortage,” is pushing trucker to their limits.

If you have questions about truck accident injury claims in Texas, call Texas Accident Injury Attorney Alex Tyra today, at (903) 753-7499.

The Law Office of Alex Tyra, P.C.

211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Latest News

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

Hit-and-run Criminal Charges in Longview, Texas

Defending Against DWI Criminal Charges in Texas

Top Texas DWI Trial Defenses

Fatal Truck Accidents Have Surged in the Dallas-Fort Worth Metroplex

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