Tag Archive for: East Texas DWI defense attorney

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

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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?

/in /by

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 DWI Defense Attorney Discusses the Dangers of Repeated DWI Offenses

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A young man is dead after the vehicle he was driving was hit by a drunk driver who did not yield the right of way. The drunk driver turned left in front of the oncoming vehicle, which had the right of way at the intersection. The vehicles collided. The twenty-year-old man died at the crash scene. The drunk driver was arrested after he was transported to a hospital to be examined for injuries and exhibited signs of intoxication. This is the fourth time that this particular driver has been arrested for DWI. The driver was convicted of DWI after each of his three previous arrests. In addition to DWI charges, the driver faces a felony murder charge in connection with the fatal crash.

Repeat offense DWI drivers face increasing penalties each time they drive drunk. Unfortunately, the high number of drivers who continue to drink and drive illustrates that the threat of harsher penalties may not be enough to keep people from continuing to drink and drive after they are convicted of a DWI. Approximately one in three drunk driving arrests involve people who have already been arrested for DWI one or more times.

Repeat DWI offenders are four times as likely as first-time offenders to be involved in an alcohol-related car crash. The risk of a wreck increases with each subsequent DWI conviction. Twenty-eight people die from alcohol-related wrecks every day in America. One or more people are hurt in alcohol-related crashes every one and a half minutes. In alcohol-related wrecks that result in one or more deaths, the blood alcohol level of the driver who caused the collision is often double the legal limit. Repeated drunk driving is hazardous, even if you are never arrested for it.

There are individuals who choose to drink and drive even though they are fully aware of both the increased penalties associated with repeat DWI convictions and the increased risk of an automobile wreck that accompanies repeated incidences of driving drunk. Alcohol addiction is a serious concern, and if you believe that you or someone you know is struggling with alcohol addiction, it is essential that you seek help or encourage them to seek help. People can overcome alcohol addiction and the struggles that go along with it, but they cannot do so on their own. When people who struggle with alcohol addiction are connected with people or organizations who are trained to help them, they are more likely to overcome their addiction than people who try to fight against it on their own.

If you are facing DWI charges, a Texas DWI Defense Attorney can help you protect your liberty, your family, and your freedom. They can also handle the legal details of your DWI case while you focus your energy on recovering from the personal concerns that your DWI arrest created in your life. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.

Five Things Every Texas DWI Defendant Should Know

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If you have been charged with driving under the influence of alcohol in Texas, there are a few things that you should know. From learning about the immediate and long term consequences of a DWI conviction, to learning about the variety of ways that an attorney can help you challenge some of the evidence in your DWI case, knowledge is a very powerful thing when it comes to making decisions regarding your Texas DWI case. Here are five things that can help every Texas DWI defendant understand their DWI case and make decisions that are truly in their best interest.

One of the first things that you should know about the drunk driving laws in Texas is that they are among the strictest in the nation. For your first DWI conviction, you could face fines of up to $2000.00, license suspension for up to a year, and up to one hundred and eighty days in jail. The penalties are even harsher for second-time offenders, and if you are convicted of DWI in Texas a third time, it is a felony. With penalties this severe, Texas DWI defendants have a lot to lose, if they do not take a proactive role in their defense.

A second important thing to know is that a DWI arrest in Texas gives rise to two different legal proceedings. As you might expect, one of the proceedings is a criminal case, and it is usually brought by a local district attorney. The other proceeding is of an administrative nature, and it involves the fate of your driver’s license. If you refused to submit to field sobriety tests or roadside breath testing, or if you took either or both of those tests and failed, your license will automatically be suspended, unless you file a request for a hearing on the matter within fifteen days of your arrest. It is essential that Texas DWI defendants remember to involve themselves in both proceedings, because each proceeding has something important at stake.

The third thing that Texas DWI defendants should know is that they have options. While a dismissal of your case or a reduction of the charges and penalties would be nice, these options are rarely available. If your case is one of the few that could qualify for one of these options, a knowledgeable Texas DWI defense attorney could help you pursue that outcome. Plea bargaining is also an option, and it involves a tradeoff of a conviction in exchange for more lenient consequences. Again, your attorney can help you weigh the positives and negatives of deciding to take your DWI case in this direction. You may also plead not guilty, and require the state to prove at a trial that you are guilty beyond a reasonable doubt. If you are considering this option, it is essential that you seek the assistance of an expert Texas DWI defense attorney.

A fourth thing that you must know, if you are a Texas DWI defendant, is that your attorney needs as much information about your DWI arrest as you can provide, in order to present your best possible defense. It can be difficult to remember the events leading up to such a traumatic event, but if you can remember things like how much you ate and drank at what times that day, which kinds of things you ate and drank, why you were pulled over, and whether you were advised of your right to remain silent, your attorney can figure out the best strategies for your defense.

The fifth and final thing that anyone accused of driving under the influence in Texas should know is that you don’t have to do this on your own. East Texas DWI defense attorney Alex Tyra is here to help you. To learn more, call our office at (903) 753-7499 to schedule a free consultation, or visit our law firm website to submit an online contact form.

 

The Game is Not Over Until You are Safe at Home

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Although you might think that the concept of “making it home safe” applies more to baseball than it does to football, recent statistics regarding drunk-driving-related accidents and Texas football games indicate that a refresher course on the topic is in order. Attending football games, tailgating, and getting together with friends to watch football games on television are favorite fall activities for many Texans. Enjoying a few drinks while watching the game is also a favorite pastime of many Texas football fans, and unfortunately, not everyone is playing it safe when it comes to getting home after the game.

According to a recent press release from the Texas Department of Transportation, game day drinking has increasingly become associated with drunk-driving-related accidents. Last year, during football season, there were 1,612 alcohol-related car accidents in Texas on days when one or more Texas college or professional football games were played. As a result of those accidents, fifty-seven people died and many more were injured.

The Texas Department of Transportation is making an effort to increase awareness of the risks of driving under the influence on game day. If you have been to a football game lately, you may even have seen the TxDOT “Fan Van”, a football-shaped vehicle which has been making the rounds to stadiums throughout the state. The “Fan Van” combines an anti-drunk-driving message with an opportunity for football fans to win prizes by making a pledge not to drink and drive this football season.

In addition to the “Fan Van”, the Texas Department of Transportation is broadcasting its messages on the radio, on television, and through other media like mobile ads. The message is clear – if you are going to drink while you enjoy the game, make sure that you have a sober ride home. Some options for sober transportation include designating a driver, taking a taxi, and using public transportation. If you are unsure of what the sober transportation options are at the place where you will be watching the next game, visit the Texas Department of Transportation’s mobile-friendly website, www.SoberRides.org, to see what options are available.

Despite the concerning statistics and the renewed efforts that are being made to promote sober transportation as an alternative to driving under the influence on game day, not all Texas football fans are likely to heed the Texas Department of Transportation’s warning. Many well-intentioned football fans might go tailgating or to watch a game thinking that they have a ride home, only to have their plans fall through. Others might drink more than they had anticipated that they would, and they may find themselves without a sober ride home at the end of the game. For whatever reason, some people will still probably drive home from watching the game after they have had too much to drink.

If you have been accused of driving under the influence of alcohol, whether on game day or any other day, it is important that you seek counsel from an experienced East Texas DWI defense attorney. To learn more, schedule your free consultation with Longview DWI defense attorney Alex Tyra by calling (903) 753-7499, or visit our website and submit an online contact form.