Tag Archive for: Texas DWI Attorney

What NOT to Do When Pulled Over by Police: Tips from a Texas DWI Attorney

Getting pulled over by the police can be a nerve-wracking experience for anyone. It’s essential to handle the situation calmly and responsibly to ensure your safety and legal rights. As a DWI attorney in Texas, I’ve seen numerous cases where individuals unintentionally make mistakes during a traffic stop that can have serious legal consequences. In this article, I’ll provide valuable insights into what NOT to do when pulled over by the police in Texas to help you navigate these situations with confidence and avoid potential legal issues.

Don’t Panic:

One of the most crucial things to remember when pulled over by the police is to stay calm. Panic can lead to poor decision-making and heightened anxiety, which can escalate the situation unnecessarily. Take a deep breath, turn on your hazard lights, and pull over safely to the side of the road or the nearest parking lot.

Don’t Be Aggressive or Hostile:

Resist the urge to become confrontational or hostile with the police officer. Be polite and respectful, even if you believe you’ve been wrongly pulled over. Avoid arguing or raising your voice, as this can lead to additional charges like disorderly conduct or resisting arrest.

Don’t Make Sudden Movements:

Police officers are trained to prioritize their safety during traffic stops. To avoid misunderstandings or alarming the officer, keep your hands visible at all times. Avoid reaching for your documents, including your driver’s license and registration, until the officer requests them. Sudden movements could be misinterpreted as a threat.

Don’t Admit to Anything:

It’s essential to exercise your right to remain silent. You are not obligated to answer potentially incriminating questions, such as whether you’ve been drinking. Politely decline to answer without being confrontational. Remember that anything you say can and will be used against you in court, so it’s usually best to remain silent until you’ve consulted with an attorney.

Don’t Perform Field Sobriety Tests:

In Texas, you have the right to refuse field sobriety tests, such as the one-leg stand or walk-and-turn test, without legal consequences. These tests are subjective and can be challenging even for sober individuals. Politely decline to take these tests, as they can be used as evidence against you in a DWI case.

Don’t Consent to a Search Without a Warrant:

Unless the police officer has a valid search warrant, you have the right to refuse a search of your vehicle. Clearly and respectfully express your refusal. Refusing a search does not imply guilt; it’s a fundamental protection of your Fourth Amendment rights.

Don’t Drink and Drive:

The best way to avoid a DWI arrest is not to drink and drive in the first place. Designate a sober driver, use public transportation, or arrange for a ride-sharing service when you’ve been drinking. Drinking and driving not only endangers lives but also carries severe legal consequences in Texas.

Being pulled over by the police in Texas can be a stressful experience, but knowing what NOT to do during a traffic stop is crucial for your safety and legal rights. Staying calm, respectful, and informed about your rights is the key to handling these situations responsibly. If you find yourself facing legal issues resulting from a traffic stop, consult with a qualified DWI attorney who can provide guidance and representation to protect your rights and navigate the legal process effectively. Remember, knowledge and composure can make all the difference when dealing with a traffic stop.

If you or a loved one is grappling with a DWI charge in Texas, understanding the vast landscape of potential consequences is essential. Navigate these turbulent waters with expert guidance. Contact The Law Office of Alex Tyra, P.C.:

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
Phone: (903) 753-7499

Your future deserves more than just a legal defense; it demands a holistic approach to protection and representation. Let us stand beside you in this crucial moment.

What NOT to Do When Pulled Over by Police: Tips from a Texas DWI Attorney

Getting pulled over by the police can be a nerve-wracking experience for anyone. It’s essential to handle the situation calmly and responsibly to ensure your safety and legal rights. As a DWI attorney in Texas, I’ve seen numerous cases where individuals unintentionally make mistakes during a traffic stop that can have serious legal consequences. In this article, I’ll provide valuable insights into what NOT to do when pulled over by the police in Texas to help you navigate these situations with confidence and avoid potential legal issues.

Don’t Panic:

One of the most crucial things to remember when pulled over by the police is to stay calm. Panic can lead to poor decision-making and heightened anxiety, which can escalate the situation unnecessarily. Take a deep breath, turn on your hazard lights, and pull over safely to the side of the road or the nearest parking lot.

Don’t Be Aggressive or Hostile:

Resist the urge to become confrontational or hostile with the police officer. Be polite and respectful, even if you believe you’ve been wrongly pulled over. Avoid arguing or raising your voice, as this can lead to additional charges like disorderly conduct or resisting arrest.

Don’t Make Sudden Movements:

Police officers are trained to prioritize their safety during traffic stops. To avoid misunderstandings or alarming the officer, keep your hands visible at all times. Avoid reaching for your documents, including your driver’s license and registration, until the officer requests them. Sudden movements could be misinterpreted as a threat.

Don’t Admit to Anything:

It’s essential to exercise your right to remain silent. You are not obligated to answer potentially incriminating questions, such as whether you’ve been drinking. Politely decline to answer without being confrontational. Remember that anything you say can and will be used against you in court, so it’s usually best to remain silent until you’ve consulted with an attorney.

Don’t Perform Field Sobriety Tests:

In Texas, you have the right to refuse field sobriety tests, such as the one-leg stand or walk-and-turn test, without legal consequences. These tests are subjective and can be challenging even for sober individuals. Politely decline to take these tests, as they can be used as evidence against you in a DWI case.

Don’t Consent to a Search Without a Warrant:

Unless the police officer has a valid search warrant, you have the right to refuse a search of your vehicle. Clearly and respectfully express your refusal. Refusing a search does not imply guilt; it’s a fundamental protection of your Fourth Amendment rights.

Don’t Drink and Drive:

The best way to avoid a DWI arrest is not to drink and drive in the first place. Designate a sober driver, use public transportation, or arrange for a ride-sharing service when you’ve been drinking. Drinking and driving not only endangers lives but also carries severe legal consequences in Texas.

Being pulled over by the police in Texas can be a stressful experience, but knowing what NOT to do during a traffic stop is crucial for your safety and legal rights. Staying calm, respectful, and informed about your rights is the key to handling these situations responsibly. If you find yourself facing legal issues resulting from a traffic stop, consult with a qualified DWI attorney who can provide guidance and representation to protect your rights and navigate the legal process effectively. Remember, knowledge and composure can make all the difference when dealing with a traffic stop.

If you or a loved one is grappling with a DWI charge in Texas, understanding the vast landscape of potential consequences is essential. Navigate these turbulent waters with expert guidance. Contact The Law Office of Alex Tyra, P.C.:

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
Phone: (903) 753-7499

Your future deserves more than just a legal defense; it demands a holistic approach to protection and representation. Let us stand beside you in this crucial moment.

The Collateral Consequences of DWI in Texas: Beyond the Legal Penalties

Driving While Intoxicated (DWI) is a grave offense in Texas, accompanied by a litany of legal repercussions ranging from fines and jail time to license suspensions. However, the shadow of a DWI conviction stretches far beyond the courtroom and the immediate penalties dictated by the justice system. These often-overlooked, indirect consequences can persist long after one has served their sentence, potentially altering the trajectory of their personal and professional life.

To begin with, a DWI conviction can profoundly impact one’s employment prospects. Many employers conduct thorough background checks, and a DWI on one’s record might be viewed as a red flag, suggesting possible irresponsibility or recklessness. This is especially true for roles that involve driving or operating heavy machinery. But even for positions unrelated to driving, a DWI can sometimes result in job termination or reduced opportunities for promotions.

Financially, the toll of a DWI extends beyond the immediate fines. Insurance premiums can skyrocket after a DWI conviction, making it significantly costlier to insure one’s vehicle. These elevated rates can persist for years, adding to the long-term financial burden.

Socially, the stigma associated with a DWI can strain personal relationships. Friends, family, and acquaintances might view the individual differently, leading to potential feelings of shame, guilt, or isolation. This, in turn, can have mental and emotional implications, sometimes necessitating counseling or therapy to cope.

Educationally, college students or those applying to educational institutions might find that a DWI complicates their academic journey. Some colleges and universities have codes of conduct that treat a DWI as a disciplinary matter, potentially leading to suspension, expulsion, or denial of admission.

Furthermore, for non-citizens residing in Texas, a DWI can have severe immigration consequences. Depending on the specifics of the offense and the individual’s immigration status, they could face deportation, denial of naturalization, or refusal of re-entry into the United States.

While these collateral consequences might not be explicitly mentioned during the legal proceedings, they are very real and can exert a profound influence on one’s life. Recognizing the full scope of a DWI’s impact underscores the importance of robust legal defense from the outset.

If you or a loved one is grappling with a DWI charge in Texas, understanding the vast landscape of potential consequences is essential. Navigate these turbulent waters with expert guidance. Contact The Law Office of Alex Tyra, P.C.:

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
Phone: (903) 753-7499

Your future deserves more than just a legal defense; it demands a holistic approach to protection and representation. Let us stand beside you in this crucial moment.

The Collateral Consequences of DWI in Texas: Beyond the Legal Penalties

Driving While Intoxicated (DWI) is a grave offense in Texas, accompanied by a litany of legal repercussions ranging from fines and jail time to license suspensions. However, the shadow of a DWI conviction stretches far beyond the courtroom and the immediate penalties dictated by the justice system. These often-overlooked, indirect consequences can persist long after one has served their sentence, potentially altering the trajectory of their personal and professional life.

To begin with, a DWI conviction can profoundly impact one’s employment prospects. Many employers conduct thorough background checks, and a DWI on one’s record might be viewed as a red flag, suggesting possible irresponsibility or recklessness. This is especially true for roles that involve driving or operating heavy machinery. But even for positions unrelated to driving, a DWI can sometimes result in job termination or reduced opportunities for promotions.

Financially, the toll of a DWI extends beyond the immediate fines. Insurance premiums can skyrocket after a DWI conviction, making it significantly costlier to insure one’s vehicle. These elevated rates can persist for years, adding to the long-term financial burden.

Socially, the stigma associated with a DWI can strain personal relationships. Friends, family, and acquaintances might view the individual differently, leading to potential feelings of shame, guilt, or isolation. This, in turn, can have mental and emotional implications, sometimes necessitating counseling or therapy to cope.

Educationally, college students or those applying to educational institutions might find that a DWI complicates their academic journey. Some colleges and universities have codes of conduct that treat a DWI as a disciplinary matter, potentially leading to suspension, expulsion, or denial of admission.

Furthermore, for non-citizens residing in Texas, a DWI can have severe immigration consequences. Depending on the specifics of the offense and the individual’s immigration status, they could face deportation, denial of naturalization, or refusal of re-entry into the United States.

While these collateral consequences might not be explicitly mentioned during the legal proceedings, they are very real and can exert a profound influence on one’s life. Recognizing the full scope of a DWI’s impact underscores the importance of robust legal defense from the outset.

If you or a loved one is grappling with a DWI charge in Texas, understanding the vast landscape of potential consequences is essential. Navigate these turbulent waters with expert guidance. Contact The Law Office of Alex Tyra, P.C.:

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
Phone: (903) 753-7499

Your future deserves more than just a legal defense; it demands a holistic approach to protection and representation. Let us stand beside you in this crucial moment.

Texas DWI Attorney Discusses Ignition Interlock Devices

People arrested and convicted of driving while intoxicated, or DWI, in Texas, face more restrictive conditions if granted supervised community release.  On September 1, 2017, an updated version of the conditions of supervised community release goes into effect. The goal of the changes is to make Texas’ road safer by reducing the number of repeat DWI offenders. The updated conditions will make probation seem onerous to some people and may think serving a jail sentence is a better option rather than being on probation for up to two years. Any decision you make regarding sentencing after a DWI conviction must in close consultation with your attorney.

Before September 1, 2017, any person convicted of DWI must complete several conditions while on community supervision including an educational program designed to rehabilitate the person. In theory, a rehabilitated person will not drive drunk again. Unfortunately, rehabilitation is not foolproof, and many people drive drunk again. However, the latest version of the law goes a long way to preventing repeated offenses.

Upon a conviction for a first DWI offense, the judge can impose a condition of probation requiring the installation of an ignition interlock device. In other words, the law gives the judge discretion to impose that condition. The judge loses discretion when the crime is more serious. A person convicted of a second offense, or a first offense but the person’s blood alcohol concentration is 0.15 or above, which is near twice the legal limit, the judge must order that person to install an ignition interlock device in their vehicle or the vehicle they most often drive. The court cannot consider a previous offense if that offense was longer than ten years before the date of arrest on the current case.

An ignition interlock device is a machine into which a person provide a deep-lung breath sample. Simply, the person blows hard into the device. The device is similar to a breathalyzer most often used in police stations.  The device prevents the car from turning on if the machine detects any alcohol in the breath sample.  The judge must order the person not to drive any vehicle without an attached ignition interlocking device.

The court must impose additional conditions upon community supervision if the judge orders the installation of an ignition interlocking device. The person must install the device within 30 days from the start of supervised release. The person must use the device for at least half of the period of release, but the judge can order the person to use it for a longer period. Additionally, the person must pay for the device and its installation. The law allows the judge to enter into a payment plan with the person to the associated charges of the device. The payment plan may not last longer than twice the period of probation.

With all of the expensive requirements of probation, some people would rather go to jail after a DWI conviction. Deciding to go to jail rather than attempting to complete probation must not be made lightly. Depending on the circumstances, a jail sentence is less onerous than a lengthy probation period. Although jail is initially less expensive than paying for alcohol rehabilitation classes and an ignition interlock device, the physical and emotion toll is incalculable. Jail is not a vacation and serving a sentence could mean losing your job. Jail will cut you off from your loved ones and can endanger your health. But, jail for some is an option rather than probation.

Consult With An Experienced Texas DWI Attorney Before Making Any Decision On Your Future

The experienced Texas DWI Attorney at the Law Office of Alex Tyra dedicate themselves to fighting to protect their client’s rights. They understand the difficult decisions that you must make when facing a DWI charge. Talk with them before making any decision.  Call the Law Office of Alex Tyra today at 903-753-7499 to discuss your options.

DWI Crime Ends With Four Children Seriously Injured

In our lives we are faced with decisions each day that ultimately impacts our present, and our future. Whether we are deciding upon what we would like to eat today, whether or not we should have a night on the town, or simply if we should by the sweater or not; we are constantly faced with options that both can result in very different consequences. However, one decision that many individuals are making today is that of driving while intoxicated. When an individual gets behind the wheel of a motor vehicle under the influence they are not only recklessly putting themselves at risk of being involved in an automobile accident, but anyone and anything else that enters their path.

The Facts of DWIs

Driving while intoxicated is one crime that varies very situational depending on many factors such as what substance you are operating your motor vehicle under, the amount of the substance you are under the influence of, the damage that erupted from the crime, as well as if you had any past DWI discrepancies. When you are charged, and later convicted of a DWI crime the consequences that are associated with the crime impact your life from here on out, which can cause you many issues within your personal, and professional life.

What You Can Expect

Recently, a woman was operating her vehicle while under the influence of alcohol, and had children present in the vehicle. In Texas, it is illegal to drive with a blood alcohol content over that of 0.08. Consequences associated with the crime also become harsher with a child under the age of 18 present within the vehicle. The driver of the vehicle proceeded to go through a traffic light after it turned red and was struck by oncoming traffic. As a result, the four children present in the vehicle were rushed to a hospital with serious injuries that were in relation to the crash.

Today, the woman is now being seen as intoxicated while behind the wheel and her case will soon be taken to court. However, if you are suspected of driving while intoxicated, or are falsely accused, you need an experienced, criminal defense attorney to fight for your rights, your case, and 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.

DWI Crime Ends With Four Children Seriously Injured

In our lives we are faced with decisions each day that ultimately impacts our present, and our future. Whether we are deciding upon what we would like to eat today, whether or not we should have a night on the town, or simply if we should by the sweater or not; we are constantly faced with options that both can result in very different consequences. However, one decision that many individuals are making today is that of driving while intoxicated. When an individual gets behind the wheel of a motor vehicle under the influence they are not only recklessly putting themselves at risk of being involved in an automobile accident, but anyone and anything else that enters their path.

The Facts of DWIs

Driving while intoxicated is one crime that varies very situational depending on many factors such as what substance you are operating your motor vehicle under, the amount of the substance you are under the influence of, the damage that erupted from the crime, as well as if you had any past DWI discrepancies. When you are charged, and later convicted of a DWI crime the consequences that are associated with the crime impact your life from here on out, which can cause you many issues within your personal, and professional life.

What You Can Expect

Recently, a woman was operating her vehicle while under the influence of alcohol, and had children present in the vehicle. In Texas, it is illegal to drive with a blood alcohol content over that of 0.08. Consequences associated with the crime also become harsher with a child under the age of 18 present within the vehicle. The driver of the vehicle proceeded to go through a traffic light after it turned red and was struck by oncoming traffic. As a result, the four children present in the vehicle were rushed to a hospital with serious injuries that were in relation to the crash.

Today, the woman is now being seen as intoxicated while behind the wheel and her case will soon be taken to court. However, if you are suspected of driving while intoxicated, or are falsely accused, you need an experienced, criminal defense attorney to fight for your rights, your case, and 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.

What Should I Do After a DWI Charge in Texas?

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.