Tag Archive for: Texas DUI Defense Attorney

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.

 

 

Texas DUI Defense Attorney Discusses Boating While Intoxicated

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Did you know that in Texas, it is against the law to operate a boat while you are intoxicated? Texas law recognizes an offense called “boating while intoxicated”, or BWI, and it is different from the more familiar offense of “driving while intoxicated”, or DWI. Since law enforcement officers do patrol bodies of water, it is important that boaters educate themselves about the rules regarding alcohol and boating, so that they can be aware of their rights while they are out on the water.

People who operate boats while they are under the influence of alcohol are treated similarly to drivers who operate motor vehicles while they are under the influence of alcohol. For example, if your boat is stopped and the officer develops a suspicion that you have been operating your boat while intoxicated, they are likely to bring you to shore, where they will ask you to perform field sobriety tests and breath tests, just like an officer would do during a DWI traffic stop. If you are brought to shore for examination, ask the officers to give you some time to get acclimated to walking on dry land before they administer the field sobriety tests, because being on a boat can throw off your balance on land for a period of time after you disembark. The penalties for boating while intoxicated are the same as those for drivers who are arrested for DWI, including criminal charges, fines, suspension of your driver’s license, and jail time. If you are charged with BWI, be aware that the same rules regarding license suspension apply as in DWI cases, which means that you only have fifteen days from the date you are served with a notice of license suspension to request a hearing to contest the suspension.

There is one very important difference between DWI and BWI that boaters should be aware of. That difference is that while an officer must have probable cause to stop your vehicle when you are driving, no probable cause is required for a law enforcement officer, such as a Texas Parks and Wildlife Official to stop a boat. Not only can officers and Parks and Wildlife Officials stop your boat without probable cause, they may also come on board without probable cause.

Charges of boating while intoxicated are serious, and could have far-reaching impacts on your life if you are convicted. You could lose your driving privileges, your job (if you cannot get to work or perform job duties because you lost your license), and even your freedom, depending upon the penalties that you receive. Fortunately, there are many ways in which Texas DUI Defense Attorneys can challenge charges of boating while intoxicated. A skilled Texas DUI Defense Attorney can build an aggressive BWI defense based upon their knowledge of the law, science, and the facts of your case. If you have been accused of boating under the influence of alcohol, you need the assistance of a knowledgeable and experienced Texas DUI Defense Attorney. 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.

 

 

Texas DUI Defense Attorney Discusses Boating While Intoxicated

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Did you know that in Texas, it is against the law to operate a boat while you are intoxicated? Texas law recognizes an offense called “boating while intoxicated”, or BWI, and it is different from the more familiar offense of “driving while intoxicated”, or DWI. Since law enforcement officers do patrol bodies of water, it is important that boaters educate themselves about the rules regarding alcohol and boating, so that they can be aware of their rights while they are out on the water.

People who operate boats while they are under the influence of alcohol are treated similarly to drivers who operate motor vehicles while they are under the influence of alcohol. For example, if your boat is stopped and the officer develops a suspicion that you have been operating your boat while intoxicated, they are likely to bring you to shore, where they will ask you to perform field sobriety tests and breath tests, just like an officer would do during a DWI traffic stop. If you are brought to shore for examination, ask the officers to give you some time to get acclimated to walking on dry land before they administer the field sobriety tests, because being on a boat can throw off your balance on land for a period of time after you disembark. The penalties for boating while intoxicated are the same as those for drivers who are arrested for DWI, including criminal charges, fines, suspension of your driver’s license, and jail time. If you are charged with BWI, be aware that the same rules regarding license suspension apply as in DWI cases, which means that you only have fifteen days from the date you are served with a notice of license suspension to request a hearing to contest the suspension.

There is one very important difference between DWI and BWI that boaters should be aware of. That difference is that while an officer must have probable cause to stop your vehicle when you are driving, no probable cause is required for a law enforcement officer, such as a Texas Parks and Wildlife Official to stop a boat. Not only can officers and Parks and Wildlife Officials stop your boat without probable cause, they may also come on board without probable cause.

Charges of boating while intoxicated are serious, and could have far-reaching impacts on your life if you are convicted. You could lose your driving privileges, your job (if you cannot get to work or perform job duties because you lost your license), and even your freedom, depending upon the penalties that you receive. Fortunately, there are many ways in which Texas DUI Defense Attorneys can challenge charges of boating while intoxicated. A skilled Texas DUI Defense Attorney can build an aggressive BWI defense based upon their knowledge of the law, science, and the facts of your case. If you have been accused of boating under the influence of alcohol, you need the assistance of a knowledgeable and experienced Texas DUI Defense Attorney. 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.

 

 

Man Arrested for DUI in Austin After 0.00 Breathalyzer Test

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On January 13, 2013, Larry Davis ran a stop sign in Austin. He was stopped by police, and during the course of the vehicle stop, he was asked to perform field sobriety tests. Davis exited his vehicle and participated in the tests. The officer who made the stop said that when Davis performed field sobriety tests, he appeared to be under the influence of alcohol. When the officer asked Larry Davis whether he had consumed any alcohol, Davis stated that he had consumed just one drink. He then took a breathalyzer test, which returned a reading of 0.00. What happened next is not what you might think. Despite the negative result on the breathalyzer test, Davis was not given a warning or ticket for running the stop sign and then sent along his way. He was arrested, and he spent a day in jail.

At some point during his arrest and the subsequent incarceration, Davis voluntarily provided a sample of his blood. The sample was sent to a lab to be tested for alcohol. A few months later, the results of the blood test showed that no alcohol was in Davis’s blood at the time of his arrest. Because of the results of the breathalyzer and blood tests, his DUI case was dismissed. It took about a year from the time of his arrest for his record to be fully cleared.

Travis County, where Davis was arrested, has a high rate of dismissal for DUI charges. Approximately thirty percent of Travis County DUI cases, including Davis’s, are dismissed. Law enforcement in the county are overly aggressive about stopping drivers whom they have even the slightest suspicion are driving under the influence of alcohol. The officers and their supervisors cite “safety” as the reason why they make so many DUI arrests. This excessive enforcement costs everyone money. Defendants who are able to pay for an attorney may have to spend thousands of dollars to get their DUI dismissed and off of their record. Indigent defendants like Larry Davis also incur legal fees, which are paid for by the county.

The case of Larry Davis contains several valuable lessons for anyone who is arrested for driving under the influence of alcohol. One is that any traffic stop can turn into a DUI arrest. Whether you forget to stop for a stop sign, have a headlight out, or shift a little bit too much inside of your lane, an officer who wants to pull you over will find any reason at all to do so. Also, field sobriety tests are not an accurate indicator of whether someone has actually consumed alcohol. Poor coordination, fatigue, uncomfortable shoes, or even just being nervous can cause you to wobble as you try to walk a straight line. Even worse, the determination of whether you pass or fail the test is made by an officer who has stopped your vehicle because they have already made up their mind that you are intoxicated. Perhaps the biggest lesson that DUI defendants can take away from Larry Davis’s experience is to fight back against DUI charges because they are often made in error.

If you have been charged with driving under the influence of alcohol, contact a Texas DUI Defense Attorney right away. A skilled DUI defense attorney can increase your chance of getting your case dismissed. If dismissal is not possible, they can help you to accomplish the best possible results under the circumstances. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.