Tag Archive for: Longview DWI Attorney

What is a No Refusal Weekend in Texas?

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If you plan on attending a Halloween party in Texas later this month, there is something that you definitely should know.  Holiday weekends, including the weekend of Halloween, are considered to be “No Refusal” weekends in many cities and counties throughout Texas.  During a No Refusal weekend, individuals who are suspected of driving under the influence of alcohol will be told by police that they must submit to roadside breath or blood alcohol testing. Any driver who refuses to submit to roadside breath or blood alcohol testing during a No Refusal weekend will automatically be arrested, and a blood sample will be obtained from them while they are in police custody.

The procedure for obtaining blood samples from drivers who refuse roadside testing during No Refusal weekends may vary slightly from location to location.  In most places, the procedure begins when a driver suspected of DWI refuses to submit to roadside breath or blood testing. The police take the driver into custody and transport them to a location that has been designated as the central processing facility for all DWI suspects. The facility may be a jail, but in some places, a mobile blood draw van or a hospital is used instead. While the driver is in custody, the officer applies for a blood draw warrant from a night judge. If the warrant is issued, a nurse or other medical professional obtains the blood sample from the suspect.

When the No Refusal rule is not in effect, Texas drivers who are suspected of DWI may refuse to submit to roadside breath or blood testing, with the only consequence being license suspension.  According to state-wide statistics, the rate of refusal is about 50%, with repeat DWI offenders refusing breath testing about 70% of the time. The threat of arrest and involuntary blood alcohol testing during No Refusal weekends drastically lowers the refusal rate to about 25%.

The important thing to remember about No Refusal weekends is that traffic stops during those weekends are no different than traffic stops at any other time. If a police officer has pulled you over to investigate the possibility that you are driving under the influence of alcohol, the officer has already made up his or her mind that you are impaired.  Do your best to remain calm, and treat the officer with respect as you politely say as little as possible except to identify yourself and provide proof of insurance.  The less information you provide to the officer, the less information the officer has to put in the application for a blood draw warrant, and the less likely it is that the warrant will be issued.

Even if you are calm and respectful during the traffic stop, and you do not provide the police officer with much information, the officer may still obtain a blood draw warrant and take you into custody. If you are taken into custody, continue to remain silent and ask to speak with an attorney. A knowledgeable Texas DWI defense attorney can scrutinize the blood draw warrant, the handling of the blood sample, the accuracy of the blood test results and the integrity of the procedure for taking and handling the blood sample, among other things.

If you are charged with DWI during a No Refusal weekend or at any other time, it is important that you get help from an experienced Longview DWI attorney.  Attorney Alex Tyra has been providing top quality legal defense services to East Texas clients since 1998. For a free consultation, call our Longview office at (903) 753-7499 or submit a case contact form via our law firm website.

How a Texas DUI Conviction Can Dramatically Affect Your Career

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It is certainly no exaggeration when I say that a Texas DWI conviction can impact every aspect of your life. From your family relationships to your friendships, and of course your job, no area of your life is immune to the consequences of a DWI conviction. Of course, the potential impact of a Texas DWI conviction on your career will depend largely upon what you do for work. Another factor is whether your conviction has resulted in any restrictions on your ability to get to and from work. When you are weighing your options regarding how to respond to your DWI charges, don’t forget the following potential effects that a DWI conviction could have on your career.

One way that a Texas DWI conviction could affect your career is if it interferes with your ability to get to and from work. License suspension is a common penalty associated with DWI convictions, and even first – time offenders can find themselves without a driver’s license for up to two years. If you live somewhere where you have access to public transportation that can get you to where you need to be for work, and driving a vehicle is not a part of your job, then you may be able to navigate the logistics of getting to and from work after your DWI conviction with relative ease. Of course, if you live and/or work in a more remote area, or if driving is a part of your job, you may have to stop working if you cannot get to and from work, or if you can no longer perform your job duties because your license is suspended.

If driving is your career and you have a CDL, stricter drunk driving rules apply to you whether you are driving your commercial vehicle or your personal vehicle. Not only will a DWI conviction result in loss of your commercial license for one or more years, it will more than likely result in loss of your job. It could also make it harder for you to get a job once your license has been reinstated, as employers may feel that a past DWI conviction makes it more likely that you will be convicted for DWI again in the future than a driver with no DWI on his or her record.

Even if your job does not involve driving other than just getting to and from work, you should be aware that some professions are more sensitive to DWI convictions than others are. For example, careers that involve working with children, such as teaching or working in a day care center, often view a DWI as something that makes an applicant less qualified for that position. Also, military, government, and other jobs that require the handling of sensitive or confidential information may be harder to get following a DWI conviction because of strict background check requirements.

The best defense against a Texas DWI is a knowledgeable and experienced Longview DWI defense attorney. East Texas attorney Alex Tyra offers free consultations to drivers accused of driving under the influence. Learn more about your options for defending your DWI case today. Call our Longview office at (903) 753-7499 or submit a case contact form via our law firm website.

 

What Can You Expect From A DWI?

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Driving under the influence of either alcohol, or drugs is illegal within the United States. Unfortunately, it is still occurring regardless of the legality of the crime. Individuals who get behind the wheel of a motor vehicle under the influence are not only putting themselves at risk of an accident occurring, but also other innocent fellow motor vehicle operators, and pedestrians alike. Serious injuries, and death are unfortunately a common consequence of DWI related accidents, which impact individuals presently, and in the future. Yet, what can you truly expect when dealing with a DWI?

Understanding The Legal Side of A DWI

When it comes down to a DWI whether you are charged, or later convicted you face a variety of charges that range from a legal standpoint to your personal life as well. Legally, when you commit a DWI act you deal with consequences that impact your life now, and later. Some consequences of a DWI crime include, but are not limited to:

  • Expensive legal fines
  • Jail time
  • License Suspension
  • Probation
  • Post-DWI program participation
  • Rehabilitative services
  • Community service
  • Possible installation of an ignition interlock device

A DWI Hitting Closer To Home

Although the legal consequences of a DWI can affect your life now and later the personal consequences of one can affect not only you, but also your family, and loved ones as well. When you commit, or are charged, and later convicted of a DWI crime you impact your present and future greatly. Many employers will terminate employees who have DUI discrepancies on their records, or simply not hire an applicant as a result of the legal smudge. When you commit a DWI your insurance rates rise greatly, which can greatly flip your financial stance in an instance. When an individual is charged, or convicted of a DWI when they are in the midst of a divorce they can easily lose child custody rights in the blink of an eye.

When you or loved one is either charged, or falsely accused of a DWI crime it is important to contact a dedicated, and ultimately an experienced DWI attorney to help fight for your rights, your case, and your life. Without an experienced attorney at your side you can easily end up dealing with not only one, but also the majority of these consequences if convicted of a DWI crime.

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 Should I Do After a DWI Charge in Texas?

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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.