Tag Archive for: Texas DWI Defense Attorney

What Not To Do When You Have Been Caught Drinking and Driving in Texas

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Driving under the influence (DUI) or driving while intoxicated (DWI) in Texas is a serious offense that can have life-altering consequences. If you are caught drinking and driving, your actions in the immediate aftermath can significantly impact the outcome of your case. Knowing what not to do can help protect your legal rights and improve your chances of minimizing penalties. Below are the critical mistakes to avoid if you are pulled over or arrested for a DWI in Texas.

1. Do Not Admit Guilt Immediately

One of the biggest mistakes people make when stopped for suspected drunk driving is admitting they were drinking. While honesty is generally a good policy, admitting guilt without legal counsel can harm your defense. Anything you say can and will be used against you in court. Instead, politely decline to answer self-incriminating questions and request an attorney.

2. Do Not Refuse a Breath or Blood Test Without Understanding the Consequences

Texas has implied consent laws, meaning that by driving on Texas roads, you automatically consent to chemical testing if lawfully arrested for DWI. Refusing a breath or blood test can result in an automatic license suspension of at least 180 days and may be used as evidence against you in court. While there may be situations where refusing a test could work in your favor, it’s essential to weigh the consequences carefully.

3. Do Not Argue With Law Enforcement

Arguing or being aggressive with police officers will not help your case. In fact, it can escalate the situation, leading to additional charges such as resisting arrest or obstruction of justice. Remain calm, be respectful, and comply with basic lawful instructions while preserving your right to remain silent.

4. Do Not Attempt to Flee the Scene

If you are stopped or involved in an accident while under the influence, never attempt to flee. Leaving the scene of a DWI-related accident can result in felony charges, making your legal situation far worse. Staying at the scene and cooperating within legal boundaries is always the best course of action.

5. Do Not Assume You Will Automatically Be Convicted

Being arrested for a DWI does not mean you will be convicted. Many defenses can challenge the evidence against you, including improper field sobriety tests, faulty breathalyzers, and lack of probable cause for the stop. Seeking a skilled Texas DWI defense lawyer can help you fight the charges and potentially reduce or dismiss them.

6. Do Not Represent Yourself in Court

A DWI charge is not a minor traffic ticket—it is a criminal offense with severe penalties, including jail time, fines, probation, and a permanent criminal record. Representing yourself without legal knowledge and experience is a major mistake. An experienced Texas DWI attorney understands the law, potential defenses, and negotiation strategies to protect your rights.

7. Do Not Ignore Your Court Date or Legal Deadlines

Failing to show up for court or missing legal deadlines can lead to a warrant for your arrest and additional legal trouble. Always keep track of court dates, deadlines for filing paperwork, and any requirements set by the court. If you are unsure about anything, consult your attorney immediately.


8. Do Not Post About Your Arrest on Social Media

Posting about your DWI on social media can seriously damage your case. Prosecutors and law enforcement may monitor your social media accounts for any statements or evidence that could be used against you. Avoid discussing the incident online and set your profiles to private until your case is resolved.

9. Do Not Continue Driving on a Suspended License

If your license is suspended due to a DWI, do not attempt to drive. Driving with a suspended license can lead to additional charges, increased penalties, and longer suspension periods. Instead, explore options like a restricted occupational license that allows you to drive under specific conditions.

10. Do Not Drink and Drive Again

If you have been caught drinking and driving once, getting another DWI will result in harsher penalties, including longer license suspensions, higher fines, and possible jail time. Consider seeking help if you struggle with alcohol use, and always arrange for a designated driver, rideshare service, or other transportation alternatives when drinking.


What You Should Do Instead

  • Exercise Your Right to Remain Silent – Do not answer questions without a lawyer present.
  • Hire Our Texas DWI Defense Attorney – An experienced lawyer can help fight the charges and negotiate reduced penalties.
  • Request an Administrative License Revocation (ALR) Hearing – You have 15 days from your arrest to request a hearing to challenge your license suspension.
  • Comply With Court Requirements – Attend all hearings, follow legal advice, and complete any necessary programs or community service.

Being caught drinking and driving in Texas is a serious legal matter, but how you handle the situation can significantly affect the outcome of your case. Avoiding these common mistakes can help protect your rights and give you the best chance at a favorable resolution. If you are facing a DWI charge, consult our skilled Texas DWI defense lawyer as soon as possible to begin building your defense.

Schedule Your Free Consultation Today

A DWI charge can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the expert defense you need to navigate the complexities of DWI charges and work towards a favorable resolution.

A Texas DWI conviction can have a lasting impact on many aspects of your life, but understanding these consequences and knowing how to mitigate them can make a significant difference. The Law Office of Alex Tyra, P.C. is dedicated to providing the support and legal expertise you need during this challenging time. Contact us at (903) 753-7499 to discuss your case and explore your options for defense. Our experienced team is here to help you navigate this difficult journey and protect your future.

How to Handle Yourself During a DWI Arrest in Texas

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Introduction: Staying Calm During a Texas DWI Arrest

A DWI arrest can be intimidating and stressful, but your actions during the arrest can have a lasting impact on your case. In Texas, driving while intoxicated (DWI) carries serious consequences, including potential fines, jail time, and a suspended driver’s license. However, by understanding how to conduct yourself and knowing your rights, you can better protect yourself and set the foundation for an effective defense.

This article provides essential guidance for handling yourself during a Texas DWI arrest, outlining steps to take and mistakes to avoid.

1. Stay Calm and Respectful

The first step in any DWI stop is to stay calm and collected. Officers are trained to observe your behavior, and any signs of nervousness, aggression, or resistance could potentially work against you. Remaining calm and respectful can help you manage the situation more effectively.

Avoid sudden movements, keep your hands visible on the steering wheel, and wait for the officer to approach your vehicle. Respond to their questions politely, maintaining a respectful tone, and remember that how you interact with the officer may later be relevant to your case.

2. Provide Basic Information Only

When an officer pulls you over, they will request basic information, including:

  • Your driver’s license
  • Proof of insurance
  • Vehicle registration

It’s essential to comply and provide these documents promptly. However, avoid providing any information beyond what is legally required. You are not obligated to answer questions related to your recent activities, alcohol consumption, or whereabouts. Politely decline to answer questions that could be incriminating, such as “How much did you drink tonight?” by stating, “I prefer not to answer that question.”

3. Politely Decline Field Sobriety Tests

In Texas, if an officer suspects that you may be driving while intoxicated, they may ask you to perform field sobriety tests (FSTs). These tests, which often include the one-leg stand or the walk-and-turn test, are designed to assess balance and coordination. However, they are highly subjective and can be impacted by factors such as fatigue, anxiety, medical conditions, or even uneven pavement.

In Texas, field sobriety tests are voluntary. You have the right to decline them without facing any immediate legal consequences. While declining may raise the officer’s suspicion, refusing these tests can limit evidence against you, as they are often used by prosecutors to support DWI charges.

4. Be Mindful of the Implied Consent Law and Chemical Testing

Texas law requires drivers to submit to a chemical test—such as a breathalyzer or blood test—if they are lawfully arrested for DWI. This requirement is part of Texas’s implied consent law, meaning that by driving, you agree to these tests if arrested for DWI. Refusing a chemical test after an arrest can lead to automatic consequences, including a suspended driver’s license for at least 180 days and potential fines.

While refusal may limit evidence against you, consider the consequences carefully. A refusal could complicate your case and add license suspension penalties, though it may also limit certain evidence available to prosecutors. It’s a decision to make based on the specific circumstances, but remember that refusing a test can have lasting repercussions.

5. Avoid Making Admissions or Volunteering Information

During a DWI stop, it’s essential to avoid volunteering any information that could be used against you. Statements like, “I only had a couple of drinks” or “I’m just a bit tired,” can easily be misinterpreted and may provide the prosecution with additional grounds for their case.

Even seemingly harmless statements can become part of the officer’s report and may work against you later in court. Limit your responses to what is legally required, and politely decline to provide any unnecessary details. Anything you say can be used as evidence, so choose your words carefully.

6. Cooperate Without Resisting

If the officer decides to arrest you for DWI, follow their instructions and avoid any actions that could be interpreted as resisting. Resisting arrest, even passively, can lead to additional charges and make your defense more difficult. Cooperating doesn’t mean admitting guilt—it simply helps prevent further complications.

While it’s natural to feel frustrated or scared, maintaining composure during the arrest can work to your advantage later in your case. Avoid arguing with the officer, and follow their instructions respectfully, regardless of your thoughts about the situation.

7. Assert Your Right to an Attorney

After your arrest, it’s essential to remember that you have the right to legal representation. Politely but clearly assert your right to an attorney, and refrain from answering further questions until you have spoken with a lawyer. Requesting an attorney can protect you from making self-incriminating statements and shows that you are serious about protecting your rights.

An experienced DWI attorney can provide guidance on handling the situation, explain the charges against you, and help you navigate the complex legal processes that follow a DWI arrest.

8. Take Note of Important Details

As soon as you can, try to recall and note any details of the arrest that may be relevant to your case. This could include:

  • The location, date, and time of the stop
  • The behavior and statements of the arresting officer
  • Any field sobriety tests or chemical tests administered
  • Environmental conditions, such as lighting or road conditions

These details can be valuable to your attorney in identifying potential weaknesses in the prosecution’s case. For example, if the officer did not follow proper protocol or if road conditions affected your performance on sobriety tests, this information could support your defense.

9. Contact a Texas DWI Attorney Immediately

After a DWI arrest, consulting a DWI attorney as soon as possible is crucial. A DWI conviction in Texas carries serious penalties, including fines, license suspension, mandatory education programs, and even jail time. An attorney with experience in DWI defense can help you understand the charges, evaluate evidence, and develop a strategy to minimize the impact on your life.

Your attorney can assist in examining the legality of the traffic stop, questioning the reliability of any tests administered, and negotiating on your behalf. By consulting a lawyer early in the process, you’ll have the support and guidance needed to navigate the complex legal proceedings and increase your chances of a favorable outcome.

Schedule Your Free Consultation Today

A DWI charge can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the expert defense you need to navigate the complexities of DWI charges and work towards a favorable resolution.

A Texas DWI conviction can have a lasting impact on many aspects of your life, but understanding these consequences and knowing how to mitigate them can make a significant difference. The Law Office of Alex Tyra, P.C. is dedicated to providing the support and legal expertise you need during this challenging time. Contact us at (903) 753-7499 to discuss your case and explore your options for defense. Our experienced team is here to help you navigate this difficult journey and protect your future.

How to Handle Yourself During a DWI Arrest in Texas

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Introduction: Staying Calm During a Texas DWI Arrest

A DWI arrest can be intimidating and stressful, but your actions during the arrest can have a lasting impact on your case. In Texas, driving while intoxicated (DWI) carries serious consequences, including potential fines, jail time, and a suspended driver’s license. However, by understanding how to conduct yourself and knowing your rights, you can better protect yourself and set the foundation for an effective defense.

This article provides essential guidance for handling yourself during a Texas DWI arrest, outlining steps to take and mistakes to avoid.

1. Stay Calm and Respectful

The first step in any DWI stop is to stay calm and collected. Officers are trained to observe your behavior, and any signs of nervousness, aggression, or resistance could potentially work against you. Remaining calm and respectful can help you manage the situation more effectively.

Avoid sudden movements, keep your hands visible on the steering wheel, and wait for the officer to approach your vehicle. Respond to their questions politely, maintaining a respectful tone, and remember that how you interact with the officer may later be relevant to your case.

2. Provide Basic Information Only

When an officer pulls you over, they will request basic information, including:

  • Your driver’s license
  • Proof of insurance
  • Vehicle registration

It’s essential to comply and provide these documents promptly. However, avoid providing any information beyond what is legally required. You are not obligated to answer questions related to your recent activities, alcohol consumption, or whereabouts. Politely decline to answer questions that could be incriminating, such as “How much did you drink tonight?” by stating, “I prefer not to answer that question.”

3. Politely Decline Field Sobriety Tests

In Texas, if an officer suspects that you may be driving while intoxicated, they may ask you to perform field sobriety tests (FSTs). These tests, which often include the one-leg stand or the walk-and-turn test, are designed to assess balance and coordination. However, they are highly subjective and can be impacted by factors such as fatigue, anxiety, medical conditions, or even uneven pavement.

In Texas, field sobriety tests are voluntary. You have the right to decline them without facing any immediate legal consequences. While declining may raise the officer’s suspicion, refusing these tests can limit evidence against you, as they are often used by prosecutors to support DWI charges.

4. Be Mindful of the Implied Consent Law and Chemical Testing

Texas law requires drivers to submit to a chemical test—such as a breathalyzer or blood test—if they are lawfully arrested for DWI. This requirement is part of Texas’s implied consent law, meaning that by driving, you agree to these tests if arrested for DWI. Refusing a chemical test after an arrest can lead to automatic consequences, including a suspended driver’s license for at least 180 days and potential fines.

While refusal may limit evidence against you, consider the consequences carefully. A refusal could complicate your case and add license suspension penalties, though it may also limit certain evidence available to prosecutors. It’s a decision to make based on the specific circumstances, but remember that refusing a test can have lasting repercussions.

5. Avoid Making Admissions or Volunteering Information

During a DWI stop, it’s essential to avoid volunteering any information that could be used against you. Statements like, “I only had a couple of drinks” or “I’m just a bit tired,” can easily be misinterpreted and may provide the prosecution with additional grounds for their case.

Even seemingly harmless statements can become part of the officer’s report and may work against you later in court. Limit your responses to what is legally required, and politely decline to provide any unnecessary details. Anything you say can be used as evidence, so choose your words carefully.

6. Cooperate Without Resisting

If the officer decides to arrest you for DWI, follow their instructions and avoid any actions that could be interpreted as resisting. Resisting arrest, even passively, can lead to additional charges and make your defense more difficult. Cooperating doesn’t mean admitting guilt—it simply helps prevent further complications.

While it’s natural to feel frustrated or scared, maintaining composure during the arrest can work to your advantage later in your case. Avoid arguing with the officer, and follow their instructions respectfully, regardless of your thoughts about the situation.

7. Assert Your Right to an Attorney

After your arrest, it’s essential to remember that you have the right to legal representation. Politely but clearly assert your right to an attorney, and refrain from answering further questions until you have spoken with a lawyer. Requesting an attorney can protect you from making self-incriminating statements and shows that you are serious about protecting your rights.

An experienced DWI attorney can provide guidance on handling the situation, explain the charges against you, and help you navigate the complex legal processes that follow a DWI arrest.

8. Take Note of Important Details

As soon as you can, try to recall and note any details of the arrest that may be relevant to your case. This could include:

  • The location, date, and time of the stop
  • The behavior and statements of the arresting officer
  • Any field sobriety tests or chemical tests administered
  • Environmental conditions, such as lighting or road conditions

These details can be valuable to your attorney in identifying potential weaknesses in the prosecution’s case. For example, if the officer did not follow proper protocol or if road conditions affected your performance on sobriety tests, this information could support your defense.

9. Contact a Texas DWI Attorney Immediately

After a DWI arrest, consulting a DWI attorney as soon as possible is crucial. A DWI conviction in Texas carries serious penalties, including fines, license suspension, mandatory education programs, and even jail time. An attorney with experience in DWI defense can help you understand the charges, evaluate evidence, and develop a strategy to minimize the impact on your life.

Your attorney can assist in examining the legality of the traffic stop, questioning the reliability of any tests administered, and negotiating on your behalf. By consulting a lawyer early in the process, you’ll have the support and guidance needed to navigate the complex legal proceedings and increase your chances of a favorable outcome.

Schedule Your Free Consultation Today

A DWI charge can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the expert defense you need to navigate the complexities of DWI charges and work towards a favorable resolution.

A Texas DWI conviction can have a lasting impact on many aspects of your life, but understanding these consequences and knowing how to mitigate them can make a significant difference. The Law Office of Alex Tyra, P.C. is dedicated to providing the support and legal expertise you need during this challenging time. Contact us at (903) 753-7499 to discuss your case and explore your options for defense. Our experienced team is here to help you navigate this difficult journey and protect your future.

How to Exercise Your Miranda Rights

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If you are arrested or detained by law enforcement officers in the United States, you have the right to remain silent and the right to an attorney. These rights are commonly known as the Miranda rights, named after the 1966 U.S. Supreme Court case Miranda v. Arizona.

To exercise your Miranda rights, you can follow these steps:

Stay Calm: If you are approached by a police officer or taken into custody, try to remain calm and composed. Do not argue, resist, or try to escape, as this may lead to additional charges or harm to yourself.

Invoke Your Right to Remain Silent: Tell the police officer that you are choosing to remain silent and do not wish to answer any questions. This can be done by saying something like, “I’m invoking my right to remain silent,” or “I don’t want to talk without my lawyer present.”

Request a Lawyer: If you are being questioned by the police, you have the right to an attorney. You can say something like, “I want to speak with a lawyer,” or “I want a lawyer before I say anything else.” Once you request an attorney, the police must stop questioning you until your lawyer is present.

Follow Through on Your Request: Make sure you do not speak to the police or answer any questions until your lawyer is present. You have the right to remain silent and the right to an attorney, and it is important to exercise these rights to protect yourself.

It is important to remember that the Miranda rights apply only when you are in custody and being interrogated by law enforcement officers. If you are not in custody or are not being questioned, the Miranda warning does not apply.

If you or a loved one have been charged with DWI in Texas, the thought of facing those criminal charges in court can be intimidating. However, it is important to understand that you don’t have to face your DWI case alone, and working with our Texas DWI Defense Attorney can help you achieve the best possible outcome. The consequences of a DWI conviction are serious and will affect every area of your life, including your freedom, driver’s license, job, relationships, and future. If you have been charged with DWI, take the crucial first step of protecting your rights and call our experienced Texas DWI Defense Attorney. If you have questions about DWI in Texas, please call DWI Defense Attorney Alex Tyra at (903) 753-7499.

How to Exercise Your Miranda Rights

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If you are arrested or detained by law enforcement officers in the United States, you have the right to remain silent and the right to an attorney. These rights are commonly known as the Miranda rights, named after the 1966 U.S. Supreme Court case Miranda v. Arizona.

To exercise your Miranda rights, you can follow these steps:

Stay Calm: If you are approached by a police officer or taken into custody, try to remain calm and composed. Do not argue, resist, or try to escape, as this may lead to additional charges or harm to yourself.

Invoke Your Right to Remain Silent: Tell the police officer that you are choosing to remain silent and do not wish to answer any questions. This can be done by saying something like, “I’m invoking my right to remain silent,” or “I don’t want to talk without my lawyer present.”

Request a Lawyer: If you are being questioned by the police, you have the right to an attorney. You can say something like, “I want to speak with a lawyer,” or “I want a lawyer before I say anything else.” Once you request an attorney, the police must stop questioning you until your lawyer is present.

Follow Through on Your Request: Make sure you do not speak to the police or answer any questions until your lawyer is present. You have the right to remain silent and the right to an attorney, and it is important to exercise these rights to protect yourself.

It is important to remember that the Miranda rights apply only when you are in custody and being interrogated by law enforcement officers. If you are not in custody or are not being questioned, the Miranda warning does not apply.

If you or a loved one have been charged with DWI in Texas, the thought of facing those criminal charges in court can be intimidating. However, it is important to understand that you don’t have to face your DWI case alone, and working with our Texas DWI Defense Attorney can help you achieve the best possible outcome. The consequences of a DWI conviction are serious and will affect every area of your life, including your freedom, driver’s license, job, relationships, and future. If you have been charged with DWI, take the crucial first step of protecting your rights and call our experienced Texas DWI Defense Attorney. If you have questions about DWI in Texas, please call DWI Defense Attorney Alex Tyra at (903) 753-7499.

Texas DWI Defense Attorney Says Drinking and Driving is Not Worth It

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One of the most common reactions to a DWI arrest is surprise. Many DWI defendants report feeling surprised that they were arrested for DWI because they did not think that they were drunk. It’s possible that you might be as surprised as those unlucky drivers were to learn that the law enforcement officers who patrol Texas roadways are not only looking for drivers who are drunk. They are looking for drivers who have been drinking. You can be arrested for DWI if an officer suspects that you have been drinking, whether you are drunk or not.

In addition to the surprise that accompanies the occurrence of a DWI arrest, many DWI defendants find themselves surprised by how quickly the costs of a DWI arrest add up. You’ll need to post bail, and you’ll have to pay any fees involved in towing and impounding your vehicle. Losing your driver’s license forces you to seek alternative methods of transportation to all of the places that you usually go to, and that often involves paying someone to take you there. There are court costs associated with DWI cases, and you’ll more than likely have to pay attorneys’ fees unless you qualify for the services of a public defender. Even if you do qualify for public defender services, you may choose to retain a private attorney to represent you in your DWI case, which costs money. Additionally, the resolution of your DWI case may include the payment of a fine. Many DWI defendants in Texas report incurring costs of between fifteen and twenty thousand dollars throughout their DWI case.

In addition to the monetary costs of a DWI arrest, the personal cost of drinking and driving is high. Many people have hectic lives, and a DWI arrest can add many tasks and burdens to the list of responsibilities and activities you already have on your plate. Meeting with an attorney and going to court takes time, and it is often time that you would otherwise be at work. You may lose additional work time attending any classes, appointments, and probation that are required as part of the resolution of your DWI case. If you lose your job or if you were in the process of looking for a job when you were arrested for DWI, that DWI may make the jobs you want harder to get. You might also encounter difficulties in applying to college or applying for public or private benefits, programs, and even housing. Your DWI arrest may even place a strain on the relationships that are most important to you.

If you consider the financial and personal costs associated with a DWI arrest, you may conclude that it’s simply not worth it to drive after you have had even one drink. If you are already facing the costs of a DWI arrest, do not let the cost of attorneys’ fees prevent you from aligning yourself with someone who can help you walk through your DWI case in pursuit of the best possible resolution. A Texas DWI defense attorney can help you protect your liberty, your family, your freedom, and other things that are important to you. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.

 

 

Texas DWI Defense Attorney Says Drinking and Driving is Not Worth It

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One of the most common reactions to a DWI arrest is surprise. Many DWI defendants report feeling surprised that they were arrested for DWI because they did not think that they were drunk. It’s possible that you might be as surprised as those unlucky drivers were to learn that the law enforcement officers who patrol Texas roadways are not only looking for drivers who are drunk. They are looking for drivers who have been drinking. You can be arrested for DWI if an officer suspects that you have been drinking, whether you are drunk or not.

In addition to the surprise that accompanies the occurrence of a DWI arrest, many DWI defendants find themselves surprised by how quickly the costs of a DWI arrest add up. You’ll need to post bail, and you’ll have to pay any fees involved in towing and impounding your vehicle. Losing your driver’s license forces you to seek alternative methods of transportation to all of the places that you usually go to, and that often involves paying someone to take you there. There are court costs associated with DWI cases, and you’ll more than likely have to pay attorneys’ fees unless you qualify for the services of a public defender. Even if you do qualify for public defender services, you may choose to retain a private attorney to represent you in your DWI case, which costs money. Additionally, the resolution of your DWI case may include the payment of a fine. Many DWI defendants in Texas report incurring costs of between fifteen and twenty thousand dollars throughout their DWI case.

In addition to the monetary costs of a DWI arrest, the personal cost of drinking and driving is high. Many people have hectic lives, and a DWI arrest can add many tasks and burdens to the list of responsibilities and activities you already have on your plate. Meeting with an attorney and going to court takes time, and it is often time that you would otherwise be at work. You may lose additional work time attending any classes, appointments, and probation that are required as part of the resolution of your DWI case. If you lose your job or if you were in the process of looking for a job when you were arrested for DWI, that DWI may make the jobs you want harder to get. You might also encounter difficulties in applying to college or applying for public or private benefits, programs, and even housing. Your DWI arrest may even place a strain on the relationships that are most important to you.

If you consider the financial and personal costs associated with a DWI arrest, you may conclude that it’s simply not worth it to drive after you have had even one drink. If you are already facing the costs of a DWI arrest, do not let the cost of attorneys’ fees prevent you from aligning yourself with someone who can help you walk through your DWI case in pursuit of the best possible resolution. A Texas DWI defense attorney can help you protect your liberty, your family, your freedom, and other things that are important to you. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.

 

 

Texas DWI Defense Attorney Says Drinking and Driving is Not Worth It

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One of the most common reactions to a DWI arrest is surprise. Many DWI defendants report feeling surprised that they were arrested for DWI because they did not think that they were drunk. It’s possible that you might be as surprised as those unlucky drivers were to learn that the law enforcement officers who patrol Texas roadways are not only looking for drivers who are drunk. They are looking for drivers who have been drinking. You can be arrested for DWI if an officer suspects that you have been drinking, whether you are drunk or not.

In addition to the surprise that accompanies the occurrence of a DWI arrest, many DWI defendants find themselves surprised by how quickly the costs of a DWI arrest add up. You’ll need to post bail, and you’ll have to pay any fees involved in towing and impounding your vehicle. Losing your driver’s license forces you to seek alternative methods of transportation to all of the places that you usually go to, and that often involves paying someone to take you there. There are court costs associated with DWI cases, and you’ll more than likely have to pay attorneys’ fees unless you qualify for the services of a public defender. Even if you do qualify for public defender services, you may choose to retain a private attorney to represent you in your DWI case, which costs money. Additionally, the resolution of your DWI case may include the payment of a fine. Many DWI defendants in Texas report incurring costs of between fifteen and twenty thousand dollars throughout their DWI case.

In addition to the monetary costs of a DWI arrest, the personal cost of drinking and driving is high. Many people have hectic lives, and a DWI arrest can add many tasks and burdens to the list of responsibilities and activities you already have on your plate. Meeting with an attorney and going to court takes time, and it is often time that you would otherwise be at work. You may lose additional work time attending any classes, appointments, and probation that are required as part of the resolution of your DWI case. If you lose your job or if you were in the process of looking for a job when you were arrested for DWI, that DWI may make the jobs you want harder to get. You might also encounter difficulties in applying to college or applying for public or private benefits, programs, and even housing. Your DWI arrest may even place a strain on the relationships that are most important to you.

If you consider the financial and personal costs associated with a DWI arrest, you may conclude that it’s simply not worth it to drive after you have had even one drink. If you are already facing the costs of a DWI arrest, do not let the cost of attorneys’ fees prevent you from aligning yourself with someone who can help you walk through your DWI case in pursuit of the best possible resolution. A Texas DWI defense attorney can help you protect your liberty, your family, your freedom, and other things that are important to you. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.

 

 

Texas DWI Defense Attorney Shares Three Possible Elements of a DWI Defense Strategy

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The circumstances of each DWI case are unique. However, within each DWI case, there are similarities between that case and other DWI cases that can provide a skilled DWI defense opportunity with opportunities to challenge the State’s case against the defendant. Today, I would like to share three possible areas of your DWI case that your attorney might be able to use to challenge the validity of the State’s case against you.

The first challenge to your DWI charges could come from something that happened even before you were pulled over. The law enforcement officer who stopped you must have had a reasonable suspicion that you were breaking one or more laws. Things like speeding or swerving can contribute to an officer’s reasonable suspicion. Courts tend to accept most officers’ explanations of why they had a reasonable suspicion that a driver was violating one or more laws. Sometimes an officer cannot articulate why they stopped a driver or which law they suspected the driver of breaking, so drivers must be aware of the possibility of a challenge to the traffic stop itself. If a court finds that there was not a reasonable suspicion behind an officer’s decision to pull a driver over, any information or evidence that the officer obtained during that traffic stop is inadmissible and cannot be used in a case against the defendant.

A second opportunity to challenge your DWI charges comes from the officer’s decision to continue the traffic stop for a longer time than they needed to write you a ticket. An officer must have probable cause to believe that you are intoxicated before they continue to keep you stopped on the side of the road to investigate the situation further and possibly arrest you. Things like open alcohol containers, bloodshot eyes, and slurred speech can contribute to probable cause. If a defendant can show that the officer did not have probable cause to continue the traffic stop and make the arrest, a court could decide that the arrest was unlawful. Evidence and charges that result from an illegal arrest can be challenged. If the State has too little evidence to pursue a case against a defendant, the charges against that defendant may be dropped.

Law enforcement officers must make arrests in accordance with all applicable laws, without violating the constitutional rights of the defendant. For example, if the officer who pulled you over did not read you your rights, you can challenge the lawfulness of the arrest. A skilled Texas DWI defense attorney can identify possible challenges to the State’s case against you and build a defense strategy that could reduce the State’s chance of success in its case against you. To learn more about how a Texas DWI Defense Attorney can help you work through your DWI case, call Attorney Alex Tyra today. Call us today at (903) 753-7499, or fill out a convenient online contact form on our website.

Texas DWI Defense Attorney Says Evaluating Truthfulness of Witnesses is Part of a Strong Defense

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If you are the defendant in a Texas DWI case, it is critical that you pursue the resolution of your case with the aid of a Texas DWI defense attorney. DWI defense attorneys are skilled in crafting effective strategies that have the potential to prevent the conviction of innocent clients and obtain a fair resolution of cases in which defendants did drive while intoxicated. Texas DWI defense attorneys build defense strategies for their clients based upon their experience in defending others charged with similar crimes as well as the facts of each client’s case.

Witnesses are an essential component of any criminal law matter, and DWI cases are no exception. A skilled defense attorney evaluates the credibility, the reputation for truthfulness, of each witness that the state plans to bring before the court to speak on the prosecution’s behalf. Sometimes, discrediting a witness who has proven to be untruthful in other matters can be critical to a court’s decision to find an innocent defendant not guilty. At the very least, exposing witnesses who are likely to be untruthful demands that the prosecution present truthful witnesses with quality testimony to support their version of what happened.

It is especially critical that defense attorneys examine the quality of police witnesses. Prosecutors often bring law enforcement officers before the court as witnesses in DWI cases. Unfortunately, not all of those officers are honest, and prosecutors do not always examine the conduct and history of the officers they plan to call as witnesses. The result is that some officers whose previous behavior ought to disqualify them from testifying in a DWI matter appear as witnesses.

Sometimes, prosecutors are even able to wrongfully obtain convictions based on the testimony of individuals who should not have been allowed to testify. This is not only wrong, it is unconstitutional. In 1963, the United State’s Supreme Court issued a decision in the case of Brady v. Maryland that requires prosecutors to inform all persons accused of crimes of the existence of any evidence that might aid in their defense. The Brady decision includes, but is not limited to, disclosing information about police witnesses who have been found guilty of misconduct on the job or of lying.

One reason that prosecutors are failing to comply with the requirements of Brady is that they do not track the behavior of the officers they call as witnesses. They also do not question the integrity of those officers before putting them on the witness stand.  The problem doesn’t just exist in Texas; it is an issue of national concern – over three hundred prosecutors’ offices in cities large and small do not keep lists of dishonest officers. In places where such lists are kept, they are often not accessible to the public so their compliance with the requirements of Brady or the lack thereof cannot be known. It is critical that the public pressure prosecutors to maintain and make available “Brady” lists. Failure to keep to those lists and disclose them can prevent defense attorneys from being able to access information about witnesses that could aid them in preparing the best possible defense for their clients, which is not only wrong but also unconstitutional.

A Texas DWI Defense Attorney can help you navigate your Texas DWI case. Call Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.