Tag Archive for: Texas DUI lawyer

Texas DUI Lawyer Provides Summary of Texas DUI Penalties

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Just like drinking alcohol can be a difficult habit to break, the habit of drinking and driving can be hard to kick. Although the penalties for DUIs increase for repeat offenses, second and third offenses are not uncommon. Drinking alcohol suppresses a person’s ability to reason, so when people drink, they tend to make decisions based upon what is most important to them at the present moment. Also, many people who consume alcohol feel as though they are less intoxicated than they actually are, and they choose to drive because they think that they can do so safely. Whatever the reason for a person’s decision to drive after consuming alcohol, if they are stopped by a law enforcement official and are subsequently charged for driving under the influence of alcohol, it is important that they understand the possible penalties and long term consequences of a Texas DUI conviction.

In Texas, drivers who are twenty one years of age or older can expect that certain penalties will be considered in their case. For a first offense, you may have to pay a fine of up to two thousand dollars and serve three to one hundred and eighty days of jail time. Your license may be suspended for up to two years, and when you are able to get it back, you may have to pay a surcharge of up to two thousand dollars per year for up to three years in order to keep it. There is also the possibility that you could be required to attend a DUI education program and/or install an ignition interlock device on your vehicle, depending upon whether there were any other factors associated with your DUI that would make those penalties applicable.

For your second offense, the fine could be up to four thousand dollars, and the jail time is between one month and one year. The license suspension period, surcharge, and possibility of additional requirements is the same as it is for a first offense. If you are charged with DUI for a third time, you could be assessed a fine of up to ten thousand dollars and two to ten years in state prison. Your license may be suspended for up to two years, and the same requirements for a reinstatement surcharge and possible DUI education and/or ignition interlock apply, just as they do for any other DUI offense.

There are factors which could increase the penalties in your DUI case. For example, if you had a passenger in your vehicle who was under the age of fifteen, you will pay a fine of up to ten thousand dollars, serve up to two years in jail, and receive a one hundred and eighty day license suspension. If you caused serious bodily injury or death as a result of driving while intoxicated, you may face felony charges. Minors and commercial drivers have different penalties than adult, non-commercial drivers, so if you are a minor or a commercial driver it is important that you learn about the penalties which would apply to you.

While it is important to understand the penalties that you may be subject to if you are convicted of driving under the influence of alcohol in Texas, it is also important that you understand the potential long term impacts of a DUI conviction. In addition to making qualifying for employment, housing, and education opportunities more difficult, your conviction is likely to result in a large increase in your automobile insurance costs. If you have been charged with driving under the influence of alcohol, a skilled East Texas DUI defense attorney can help you to increase your chances of avoiding a DUI conviction and the consequences that would go along with it, and help you to achieve the best possible outcome in your case under the circumstances. To learn more, call Texas DUI Attorney Alex Tyra today to schedule your free consultation. We can be reached at (903) 753-7499, or you may visit our website to submit a convenient online contact form.

 

 

Can Mouth Alcohol Provide a Viable Texas DUI Defense?

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Many people arrested for DUI in Texas are familiar with the term “mouth alcohol,” but wonder whether it is a valid defense or more of an urban myth.  Because the most compelling piece of evidence used by prosecutors in most Texas DUI cases is a failed breathalyzer test, the accuracy of blood alcohol concentration (BAC) test results obtained through breath testing is an extremely important issue in most DUI cases.  Mouth alcohol represents one of the most significant causes of inaccurate BAC breath testing.

The term “mouth alcohol” refers to residual alcohol that lingers in the mouth that has not yet been absorbed and metabolized by the body.  Breath testing devices used by law enforcement do not actually measure the volume of alcohol in one’s blood.  Rather, the device measures the alcohol in breath from the deep lung tissue and converts this using a mathematical ratio to the concentration of alcohol in the blood.  The fundamental issue that makes the presence of mouth alcohol so critical is that alcohol that has not yet been absorbed and metabolized by the body will have a much higher BAC level than alcohol that has been metabolized before being expelled from the deep tissue of the lungs.

Although law enforcement officers engage in specific procedures to minimize the risk of mouth alcohol distorting a breath test result, these measures do not address all potential mouth alcohol issues nor do officers always carefully adhere to these procedures.  Texas law enforcement officers are required to observe a mandatory waiting period of fifteen minutes before administering the breath test.  The risk of residual alcohol lingering in the mouth if food or drinks being ingested is the rationale for imposing this waiting period.  The officer is expected to continuously observe you during this period so that the officer can ensure no food or beverages are consumed and so that he can note a belch, vomiting or regurgitation, which could cause undigested alcohol to be present in the mouth.

In practice, officers frequently engage in other activities during this period so they are not carefully observing the DUI suspect.   When the officer is watching closely, the officer still may not realize that a motorist who has been pulled over has belched or suffers from acid reflux (GERD).  If you have a medical history of GERD or acid reflux, this may provide a basis for challenging the BAC test results in your DUI case so you should let your Texas DUI attorney know about this aspect of your medical history.

There also are other forms of mouth alcohol that this observation period cannot address.  For example, alcohol can be trapped in dental work like a filling or cap, which could cause an erroneous breath testing result.  If you are arrested for driving under the influence (DUI), Texas DUI attorney Alex Tyra offers a free consultation during which he can advise you about your legal rights and potential strategies for avoiding a DUI conviction.  We invite you to contact us in our Longview office at 903-753-7499 or visit our website and submit a case contact form.

Trick-or-Treat: DWIs This Halloween

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Driving is one aspect of our lives that we ultimately practice almost every day. Whether we are behind the wheel, and on the road commuting to and form work, running one of our never ending errands, or dropping off the kids at soccer practice it feels like the majority of our lives are spent on the road. While we would like to believe that we are safe every time we are “out and about” that is simply just not the case at all. Today, many drivers are not only driving recklessly, but also driving while intoxicated.

The Facts of The Matter

Halloween is one holiday this month that will mean many people will be out on the road from now up until the actual holiday running around town trying to find the perfect costume, decorations, and picking up candy for the infamous little trick-or-treaters. However, another aspect of life that will be on the road this holiday season is that of alcohol. While Halloween is one holiday that many children partake in and enjoy, and adults do as well, which gives them the opportunity to blow of steam, dress up, and have a little fun. Usually, adults observing the holiday will either go to either a function, or a party, which usually means alcohol will be a guest as well.

However, Halloween is one holiday that drivers, and parents alike need to make sure alcohol and DWIs are far away from any road. Halloween produces many pedestrians out on sidewalks, and roads trick-or-treating, or visiting with friends and neighbors while enjoying the cool, Fall weather now upon us. In the past, we can see many cases in which adults have participated in Halloween functions, became intoxicated, and got behind the wheel of a vehicle thinking they were sober enough to operate their vehicle. Unfortunately, the consequence of these drivers getting behind the wheel while intoxicated, especially during this holiday season not only result in serious injuries, both from motor vehicle operators and pedestrians alike, but also death.

This Halloween make sure that the holiday is not a trick, and a treat for all motor vehicle operators, pedestrians, and trick-or-treaters by following the rules of the road properly, and keeping alcohol off the road.

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.

Do You Understand Implied Consent?

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As Americans the majority of us drive every single day, especially in a state as large as Texas. We rely on driving for multiple things whether it is getting from home to work and back, running errands, picking up our loved ones, or simply going on a vacation. Although driving has a lot of positive uses in our world today it can be very negative in the blink of an eye, especially when alcohol enters the mix of things. Driving under the influence not only seriously injuries, but also kills thousands each and every year.

Understanding The Basis of Implied Consent

Usually, if you were to discuss a DWI crime with a few individuals you might would here some very similar ideas such as: arrest, jail, fines, but more importantly that of a field sobriety, and breathalyzer test. What are a field sobriety test, as well as a breathalyzer exam? A field sobriety test is given by law enforcement officers to test the response, and reaction of the driver, as well as their balance when they are suspected to be driving under the influence. A breathalyzer test requires an individual to blow into a device, which then registers their blood alcohol content, or BAC, onto a scale. Currently, .08 BAC is the legal limit of an individual driving a motor vehicle in the majority of the United States.

The Answers You Truly Need

Yet, do you even have to participate in these tests? Many individuals are under the impression that since law enforcement officer ask them or tell them to participate in these tests that they simply do not have a chance. However, yes, you can refuse to participate in either one, or both of these tests. While you can refuse to participate in the examinations you can expect that your license will be suspended, as well as you may be required to submit to a blood test if ordered by the court of law.

Although accidents are a common part of life, driving under the influence is one accident that you may never recover from. If you or a loved one has either been charged, or falsely accused of driving under the influence you need the help of a dedicated, and understanding DUI attorney to help you every step of the way. If not, you could easily be convicted, and live with the consequences of a DUI for the rest of your life.

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.

 

Options You Can Rely On When A Minor Gains A Possession Ticket

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In today’s day and age, the social standards of what a child, or teenager can do in comparison to that of in the 1950s or 1960s is dramatically different. In past years, teenagers might go to a “sock-hop”, and then grab a shake down at the local soda shop with the other person they have been courting around town. Today, teenagers enjoy living it up on the party scene from dances, themed parties, or just random weekend get-togethers. However, one variable that can be seen common throughout each of these scenarios today is alcohol.

Parents and teenagers alike have both become much more moderate when dealing with alcohol in the hands of a minor.  Many teenagers participate in drinking on the scene wherever the party may be. Yet, one issue that both age groups have not come to terms yet with is the phrase, “ minor in possession”. The phrase can be seen on the ticket that a teenager, or minor can easily be given not only if seen consuming, but even with the substance near or within their vicinity and just the simple smell on an individual. With a charge like minor in possession, if not handled properly, can follow an individual to higher educational institutes, such as college, or graduate school, to even future employment.

A minor who is given a ticket for alcohol possession has just a few real options. If a teenager, or minor, does not have any further instances they make seek expungement after they reach the age of 21. However, that option becomes slight more difficult for those individuals who have another instance with alcohol while being underage. If you are charged again with the violation of minor in possession, it is crucial that upon the time that you receive the charge that you immediately challenge the ticket within the court of law so that your previous charge can be expunged from your permanent record. If not, both charges will be unable to be removed and will indefinitely rest on the record of the charged individual.

In the end, everyone is human, and kids will be kids, so drinking in this period of time seems to everyday become closer to the younger generations. However, if you are charged with a minor in possession, or a DWI charge, you need an experienced lawyer that you can count on.

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.