Tag Archive for: Texas DUI Defense Attorney

Texas DUI Defense Attorney Says Be Careful if you Travel on Memorial Day Weekend

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If you plan to travel out of state to celebrate Memorial Day weekend, it is important that you know that in many states, law enforcement officers will have DUI checkpoints set up along major roadways. Texas does not currently use DUI checkpoints to enforce drunk driving laws, but they are common in other states, and holiday weekends like Memorial Day and Labor Day are time when drivers should expect to encounter them.

In states where DUI checkpoints are used, they may be present at any time of day or night. That said, most checkpoints are set up late at night or early in the morning, as that is when there are likely to be the greatest number of intoxicated drivers on the road. If you do encounter a DUI checkpoint while you are traveling, the following tips may help your experience go more smoothly.

Drivers who are prepared for an encounter with law enforcement at a DUI checkpoint are more likely to be let through quickly, instead of being detained for investigation. Your attitude will, in large part, shape your experience at the checkpoint. Try your best to be polite and cooperative without providing too much information, because any information that you provide could be used against you in the future. Do give the officer basic information, like your license, car insurance, and vehicle registration if you are asked to provide them.

Whatever you do, remember that you do not have to answer every question that is asked of you. Many well-meaning and legally sober drivers are accused of driving under the influence of alcohol after answering questions about where they have been and what they have been doing, or by participating in field sobriety tests. In most places, you cannot be penalized for refusing to perform a field sobriety test. Many tests are set up for the driver to fail, even if they are sober. Nerves, footwear, and agility can cause sober drivers to fail field sobriety tests, and their effectiveness has come into question many, many times.

Sometimes, despite a driver’s best efforts to cooperate with law enforcement officer, an arrest may occur. If you are arrested at a DUI checkpoint, it is essential that you immediately exercise your right to remain silent, after respectfully asking the arresting officer to permit you to speak with your attorney. Your attorney can further advise you regarding whether you should participate in blood or breath testing, because the rules for those tests and the consequences of refusal vary from state to state.

If you have been accused of driving under the influence of alcohol, it is important that you have someone by your side who can protect your rights. Texas DUI Defense Attorney Alex Tyra works hard to protect the rights of DUI defendants, and it is possible that he can help you, too. Please call our office today, at (903) 753-7499, or contact us online via our website.

 

 

Texas DUI Defense Attorney Discusses Enhanced Penalties for Certain DUI Situations

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If you are facing DUI charges, you may feel that the penalties that you will experience if you are convicted are harsh. While the penalties for a DUI conviction are harsh, there are a few situations in which a driver who is convicted of driving while intoxicated could receive penalties that are even greater than those that they would receive for a regular DUI conviction.

Driving with an open container of alcohol is one situation which could increase the penalty that you could receive. If a driver is convicted of driving under the influence of alcohol with an open container of alcohol, they could receive the standard DUI penalty in addition to a minimum of six days in jail and a fine of up to two thousand dollars.

A DUI conviction can also have effects on future criminal charges. For example, if you have a prior DUI conviction and you are charged with drag racing, your drag racing charge will be classified as a Class A Misdemeanor instead of the usual Class B misdemeanor. Drag racing is also classified as a Class A Misdemeanor if the driver has an open container of alcohol in their vehicle at the time of the offense.

Another situation in which a driver is likely to receive a penalty greater than they would for a standard DUI offense is if they are arrested in Texas for driving while intoxicated and there is a child passenger in the vehicle with them. Texas law considers any person under the age of fifteen to be a child passenger. If you are charged with driving while intoxicated with a child passenger in your vehicle, know that this particular offense is considered a state jail felony, which means that you could be sentenced for up to two years in state jail and fined up to ten thousand dollars.

Automobile accidents can also increase the penalties associated with a DUI arrest. For example, if you are arrested for driving while intoxicated in connection with an accident where someone was seriously hurt and it is determined that your intoxication was the proximate cause of the victim’s injuries, you could be charged with intoxication assault, which is a third degree felony that is punishable by a sentence of two to ten years in jail and a fine of up to ten thousand dollars. If someone dies in an accident or because of other injuries that were caused by your intoxication, you could be charged with intoxication manslaughter. A person who is convicted of of intoxication manslaughter could face two to twenty years in jail and up to ten thousand dollars in fines.

Whether you have been charged with a standard DUI or a related offense which carries an enhanced penalty, it is important that you contact a Texas DUI Defense Attorney. Texas DUI Defense Attorney Alex Tyra is here to help you, so please call our office at (903) 753-7499, or contact us online via our website.

 

 

Texas DUI Defense Attorney Discusses Enhanced Penalties for Certain DUI Situations

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If you are facing DUI charges, you may feel that the penalties that you will experience if you are convicted are harsh. While the penalties for a DUI conviction are harsh, there are a few situations in which a driver who is convicted of driving while intoxicated could receive penalties that are even greater than those that they would receive for a regular DUI conviction.

Driving with an open container of alcohol is one situation which could increase the penalty that you could receive. If a driver is convicted of driving under the influence of alcohol with an open container of alcohol, they could receive the standard DUI penalty in addition to a minimum of six days in jail and a fine of up to two thousand dollars.

A DUI conviction can also have effects on future criminal charges. For example, if you have a prior DUI conviction and you are charged with drag racing, your drag racing charge will be classified as a Class A Misdemeanor instead of the usual Class B misdemeanor. Drag racing is also classified as a Class A Misdemeanor if the driver has an open container of alcohol in their vehicle at the time of the offense.

Another situation in which a driver is likely to receive a penalty greater than they would for a standard DUI offense is if they are arrested in Texas for driving while intoxicated and there is a child passenger in the vehicle with them. Texas law considers any person under the age of fifteen to be a child passenger. If you are charged with driving while intoxicated with a child passenger in your vehicle, know that this particular offense is considered a state jail felony, which means that you could be sentenced for up to two years in state jail and fined up to ten thousand dollars.

Automobile accidents can also increase the penalties associated with a DUI arrest. For example, if you are arrested for driving while intoxicated in connection with an accident where someone was seriously hurt and it is determined that your intoxication was the proximate cause of the victim’s injuries, you could be charged with intoxication assault, which is a third degree felony that is punishable by a sentence of two to ten years in jail and a fine of up to ten thousand dollars. If someone dies in an accident or because of other injuries that were caused by your intoxication, you could be charged with intoxication manslaughter. A person who is convicted of of intoxication manslaughter could face two to twenty years in jail and up to ten thousand dollars in fines.

Whether you have been charged with a standard DUI or a related offense which carries an enhanced penalty, it is important that you contact a Texas DUI Defense Attorney. Texas DUI Defense Attorney Alex Tyra is here to help you, so please call our office at (903) 753-7499, or contact us online via our website.

 

 

Texas DUI Defense Attorney Offers Advice for Drivers Facing Their First DUI

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DUI defense is something that most people do not think about until they have already been charged with a DUI. Since any driver is at risk of being charged with a DUI any time they drive anywhere and whether or not they have been drinking, it is a good idea to know in advance what to do if you are charged with driving under the influence of alcohol.

The first thing that drivers should know is that if they are charged with driving under the influence, they should get help from a DUI defense attorney right away. Criminal charges like a DUI can have far-reaching effects on your day to day life for an extended period of time, even if you are not convicted. Your DUI defense attorney will help you understand the charges that have been brought against you. Perhaps even more importantly, they can explain the defenses that they may be able to use to get the charges dismissed or the penalties reduced. For example, your attorney may be able to speak with the prosecutor to pursue the offer of a plea bargain, or some other alternative to a trial. Once your attorney has an idea of which strategies they may be able to implement in your case, they can help you understand your options so that you can make an informed choice about what will work best for you.

First-time DUI defendants may wonder whether they must spend time and effort looking for a DUI defense attorney, or whether any criminal law attorney could help them just as well. Criminal defense attorneys certainly do their best to obtain the best possible results for their clients, but they do not all have experience with DUI cases. DUI defendants need their attorneys to understand all of the laws and all of the defenses that may be relevant to their cases.

Defendants should also know the difference between a public defender and private counsel. A public defender is an attorney who is paid by the state to provide legal assistance to defendants who cannot afford private attorneys. When a defendant has private counsel, it means that they are represented by an attorney that they selected and that they are paying for themselves. Unfortunately, public defenders have less control over their case load than private counsel do, and many have hundreds of clients. Because of this, they often have very little time to devote to each case.

Whether you are now facing your first DUI or a subsequent offense, you can give yourself the most successful defense by enlisting the aid of a Texas DUI defense attorney. Your attorney may be able to reduce or eliminate the consequences associated with the charges that you are facing. To learn how Texas DUI Defense Attorney Alex Tyra can help you, please call our office today, at (903) 753-7499. You may also reach us by submitting a convenient contact form on our website.

 

 

Texas DUI Defense Attorney Talks about Subsequent DUI Offenses

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Sometimes, one DUI charge or conviction is all it takes to deter people from driving while intoxicated. For other people, driving under the influence of alcohol can be a very tough habit to break. The consequences for a first DUI are harsh, and the consequences for subsequent DUI charges increase in severity. It is important that drivers understand what could happen if they are convicted of a second or third DUI.

If you are a minor, you probably lost your license for ninety days when you got your first DUI. If you are charged with a second DUI, you could face one hundred and twenty days of license suspension if you are convicted. If you get a third DUI, the license suspension increases to one hundred and eighty days.

Adult drivers who are convicted of a second DUI can be fined up to four thousand dollars and ordered to serve between one month and one year in jail. Additionally, you could lose your license for up to two years, and you will be required to pay a surcharge of up to two thousand dollars a year for three years in order to keep your driver’s license. You may also be required to attend a DUI intervention program or a DUI education program, and it is possible that you may be required to install an ignition interlock device in your vehicle.

The stakes are even higher for adult drivers who are facing a third DUI. If you are convicted of a third DUI, you can be fined up to ten thousand dollars and sentenced to two to ten years in jail. Third offenses also carry a two year license suspension and a two thousand dollar per year surcharge for three years to maintain a driver’s license. DUI education or intervention programs and/or an ignition interlock device may also be required.

Any DUI conviction results in consequences that have a far-reaching impact on both the life of the person who is convicted and on their family and friends. In addition to the fines and penalties described above, there are expenses associated with being arrested for DUI, attorneys’ fees, and the additional costs of obtaining transportation while you are without a driver’s license. There are also non-economic costs associated with criminal convictions, including DUIs, such as difficulty in finding employment and housing. Adding the economic and non-economic costs of a second, third, or other subsequent DUI to the stress of getting through day to day life after a first DUI conviction could make things really difficult. Whether you are facing your first DUI or charges for a subsequent offense, it is essential that you give yourself the best possible change at a successful defense by enlisting the aid of a Texas DUI defense attorney. To learn how Texas DUI Defense Attorney Alex Tyra can help you, call our office today, at (903) 753-7499. You may also reach us by submitting a convenient contact form on our website.

 

 

Texas DUI Defense Attorney Discusses Possible Relief for Job Seekers with a DUI or Other Offense on Their Records

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When you have a DUI on your record, you may be facing an uphill battle when it comes to pursuing a career or even just finding a job that will help you put food on the table and a roof over your head. Fortunately, one lawmaker from Dallas, Representative Eric Johnson, is trying to make obtaining certain jobs and professional licenses a little less difficult for individuals who have convictions for DUI or other offenses on their records.

Johnson has proposed legislation that would not completely remove inquiries about an individual’s criminal background from the state’s hiring processes, but would have that inquiry take place later on in the hiring process instead of on the initial job application. Johnson and others who support the proposed legislation feel that leaving the issue of an individual’s criminal background alone until later on in the hiring process enables prospective employers to place whatever answers job applicants provide to those inquiries in context with the other things that they have come to know about the applicant through the beginning stages of the hiring process. This would give job applicants with criminal backgrounds a better chance at obtaining employment, especially in situations where the offenses took place some time ago or are unrelated to the type of employment that they are pursuing.

State boards are responsible for granting many different kinds of professional licenses. Unfortunately, people with DUIs or other offenses that are not related to the licenses that they are seeking are often denied those licenses after they apply for them. Johnson feels that in situations where a state board denies an applicant a license, they must clearly disclose their reasons for refusing the license and also allow the applicant to make a case for themselves by testifying on their own behalf.

While the proposed legislation would only affect state jobs and the granting of professional licenses by state boards, people with a criminal history can take some comfort in the fact that many private-sector employers are removing questions regarding criminal history from their job applications, saving such inquiries for later on in the hiring process where they can consider that information in context with their impression of the person from their interview as well as their other credentials. The list of employers who are “banning the box” on their applications continues to grow, opening more and more doors to those with convictions on their records.

A DUI conviction can make it harder for you to get a job, among other things. If you have been charged with driving under the influence of alcohol, you deserve the very best defense against those charges and the negative impacts that a conviction could have on your future. To learn how Texas DUI Defense Attorney Alex Tyra can help you, call our office today, at (903) 753-7499. You may also reach us by submitting a convenient contact form on our website.

 

 

Texas DUI Defense Attorney Talks About the Role of Gender in DUI Cases

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At the present time, women make up approximately one quarter of all DUI arrests. While this means that significantly fewer women are being arrested for driving under the influence of alcohol than men, it also means that the number of women who are being arrested for DUI in recent years is much higher than it was twenty years ago.  Specifically, during the 1980s, only about nine percent of all DUI defendants were women.

The increase in the proportion of women who are being arrested for driving under the influence of alcohol is not often publicized, as well as the idea that women’s drunk driving cases may actually be different than those of their male counterparts.  Nonetheless, there are differences between men and women’s DUI cases, and these differences may have a significant impact on the outcomes of the cases of female DUI defendants who acknowledge them.

Scientific evidence is important in DUI cases. The manner in which alcohol affects a person’s body is dictated, at least in part, by their metabolism. Men and women metabolize things differently, so a man and a woman with the same body weight could drink the same amount of alcohol and end up with different blood alcohol levels. The woman’s blood alcohol level would be higher than the man’s after drinking the exact same amount of alcohol over the same period of time because she metabolizes alcohol more slowly than he does. Also, women experience fluctuations in hormone levels throughout the course of their menstrual cycles. These changes affect metabolism, and, can therefore affect blood alcohol levels. The differences in how men and women metabolize alcohol are important because breath testing devices are calibrated to produce an accurate reading for the average male driver. This difference in calibration can cause breath testing devices to produce readings that are not only inaccurate for female drivers, but which overestimate the amount of alcohol in their bodies.

The differences between men and women carry over into other areas of DUI arrests, too. Field sobriety tests are designed to measure the physical performance of men. Women who engage in these tests are more likely than men to perform them poorly, even when they are sober. The experience of a traffic stop is stressful, and under that stress, many women act on the mistaken belief that compliance will prove their innocence or reduce the consequences. They may comply with every request that is made of them and answer every question that the officer asks without realizing that they have a right to answer very few questions and even to refuse the field sobriety tests without a penalty.  In other words, a woman’s willingness to answer every question and comply with every request does not decrease her chance of being arrested. It actually increases the chance that she will be arrested because she has given the police more information that they could use to support their arrest.

Men and women deserve equal treatment under the law. Unfortunately, there are differences between men and women which make getting equal treatment difficult in DUI cases. To learn more, contact Texas DUI Defense Attorney Alex Tyra today. Schedule your consultation now, by calling (903) 753-7499, or use the convenient contact form on our website.

 

 

Texas DUI Defense Attorney Explains Why Every DUI Defendant Needs an Attorney

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Now that you have been charged with driving under the influence of alcohol, you may be wondering whether you should seek the assistance of a Texas DUI Defense Attorney. Every DUI charge can have serious consequences, and a Texas DUI Defense Attorney can give you the best chance at a positive outcome under the unique circumstances of your case. If you are on the fence about contacting a Texas DUI Defense Attorney, consider the following ways in which your Texas DUI Defense Attorney can assist you during your DUI case.

Being charged with a DUI involves more paperwork than you might expect. If you are unrepresented by counsel, you are on your own as far as understanding the paperwork, completing it, and filing it with the court in accordance with the applicable deadlines. Errors in understanding the paperwork or in filling it out and returning it in a timely manner could harm your case.

A DUI case passes through a series of stages from beginning to end. Participating in a DUI case as a defendant can be confusing and frustrating if you do not know what to expect at each stage of the process. Fortunately, when you work with a Texas DUI Defense Attorney, your attorney can help you to understand the sequence of events that is likely to occur in your case, so that you can be prepared for the experience.

The crime of driving under the influence of alcohol involves multiple elements, each of which must be proven before you can be convicted. Your Texas DUI Defense Attorney knows the elements of DUI inside and out, and they can identify areas in which the state may not be able to meet its burden of proof in their case against you. An experienced DUI attorney has more than likely represented many clients in situations that are similar to yours, and that experience helps them to build a solid case on your behalf.

As a DUI defendant, you may have options available to you which could possibly help you to avoid conviction, and the devastating consequences that come along with it. Your attorney can explain things like diversion, plea bargaining, or dismissal if they are available in your case. Your attorney can also help you to decide whether any of the options that are available to you are a good choice for you, given your priorities and the possible consequences of each potential course of action.

A DUI conviction could have a devastating impact on many different areas of your life. With so many things at stake, it is absolutely essential that you give yourself the best shot at successfully reducing or eliminating the impact of your DUI charges on your life. To learn more, contact Texas DUI Defense Attorney Alex Tyra today at (903) 753-7499 today to arrange an initial consultation. If you prefer to contact our office online, please visit our website and fill out the online contact form.

 

 

Texas DUI Defense Attorney Explains Why Every DUI Defendant Needs an Attorney

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Now that you have been charged with driving under the influence of alcohol, you may be wondering whether you should seek the assistance of a Texas DUI Defense Attorney. Every DUI charge can have serious consequences, and a Texas DUI Defense Attorney can give you the best chance at a positive outcome under the unique circumstances of your case. If you are on the fence about contacting a Texas DUI Defense Attorney, consider the following ways in which your Texas DUI Defense Attorney can assist you during your DUI case.

Being charged with a DUI involves more paperwork than you might expect. If you are unrepresented by counsel, you are on your own as far as understanding the paperwork, completing it, and filing it with the court in accordance with the applicable deadlines. Errors in understanding the paperwork or in filling it out and returning it in a timely manner could harm your case.

A DUI case passes through a series of stages from beginning to end. Participating in a DUI case as a defendant can be confusing and frustrating if you do not know what to expect at each stage of the process. Fortunately, when you work with a Texas DUI Defense Attorney, your attorney can help you to understand the sequence of events that is likely to occur in your case, so that you can be prepared for the experience.

The crime of driving under the influence of alcohol involves multiple elements, each of which must be proven before you can be convicted. Your Texas DUI Defense Attorney knows the elements of DUI inside and out, and they can identify areas in which the state may not be able to meet its burden of proof in their case against you. An experienced DUI attorney has more than likely represented many clients in situations that are similar to yours, and that experience helps them to build a solid case on your behalf.

As a DUI defendant, you may have options available to you which could possibly help you to avoid conviction, and the devastating consequences that come along with it. Your attorney can explain things like diversion, plea bargaining, or dismissal if they are available in your case. Your attorney can also help you to decide whether any of the options that are available to you are a good choice for you, given your priorities and the possible consequences of each potential course of action.

A DUI conviction could have a devastating impact on many different areas of your life. With so many things at stake, it is absolutely essential that you give yourself the best shot at successfully reducing or eliminating the impact of your DUI charges on your life. To learn more, contact Texas DUI Defense Attorney Alex Tyra today at (903) 753-7499 today to arrange an initial consultation. If you prefer to contact our office online, please visit our website and fill out the online contact form.

 

 

Texas DUI Defense Attorney Explains SR-22 Insurance

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If your driver’s license has been suspended, you may wonder whether there is any way that you could be allowed to drive to work, so that you don’t lose your job, in addition to losing your license. Fortunately, Texas does issue something called an occupational or essential need license, which allows drivers whose licenses who have been suspended to operate a non-commercial motor vehicle for the purposes of work, school, and performing essential household duties. There are a few requirements which must be met before the Department of Public Safety will issue an occupational driver’s license. Many of the requirements are straightforward, but one requirement, the SR-22, often causes a great deal of concern and confusion.

If you are wondering what an SR-22 is, it is an endorsement that can be attached to an automobile insurance policy which creates an obligation for the insurer to continually monitor the status of that insurance policy, and to notify the Department of Public Safety if the policy’s status changes.

If you are required to obtain an SR-22, there are a few things that you should know in advance. One thing that you need to know is that not every insurer is willing to issue an SR-22. Before you contact your insurer to ask whether they will issue one for you, it is important that you understand the possible implications of doing so. If you ask your insurer to issue you an SR-22, they may initially refuse to do so, and they may even refuse repeatedly if you ask more than once. It is also possible that they might say that they will issue one, and then take a very long time to actually issue it. In some cases, the insurer takes such a long time to issue the SR-22 that the driver’s policy gets cancelled due to their license suspension before the SR-22 form is issued. What’s more, the driver who needs the SR-22 is not the only person who experiences consequences because of it. Insurance companies treat all of the drivers on an insurance policy as a group, so when one driver requests an SR-22, the entire family’s policy is labeled as “high risk”. This results in higher premiums for all family members, as well as the risk of nonrenewal.

Since attempting to obtain an SR-22 from your insurer could result in a long wait for the form to come through (and thus a lengthy wait for your occupational license), and the risk of nonrenewal or cancellation of the insurance policy which covers you and the other drivers in your family, you may wish to obtain an SR-22 from a source other than your insurer. If you choose to go this route, be aware that there is a right way to go about it and a wrong way, and that going about it the wrong way can result in unfavorable consequences. It is essential that you obtain a SR-22 on a non-owner’s or operator’s policy, and not on the owner’s policy for the vehicle that you drive. The reason for this is that if you were to obtain a SR-22 on an owner’s policy from a secondary source, that new policy would cancel your regular policy because duplicate coverage is not permitted under Texas law. Also, avoid purchasing your SR-22 through TAIPA, the “state pool”, because after you submit your application, it could take weeks, or even months, before you actually receive your SR-22.

An occupational driver’s license can help you to keep your job, take care of your home and family, or get to school. However, avoiding license suspension altogether is the best possible outcome for a driver who has been accused of driving under the influence. Your Texas DUI Defense Attorney can build an aggressive DUI defense which could keep you, and your driver’s license, in the clear. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.