Tag Archive for: Texas DWI Defense Attorney

Texas DWI Defense Attorney Talks About Teens, Young Adults, and DWI

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DWI defendants of all ages face harsh penalties and consequences that affect their lives presently as well as into the future. Teens, young adults, and their parents, must familiarize themselves with the range of penalties that exists for Texas drivers between the ages of seventeen and twenty-one. It is also crucial that young drivers and their parents understand the possible long-term consequences that DWI charges could have for their children and their family.

Young drivers and their parents must understand that both civil and criminal penalties can follow a DWI or a DWIA by a Minor conviction. If a driver is under seventeen years of age, they are not allowed to have any detectable alcohol in their body while they are driving. This is why Texas is said to have a “Zero Tolerance” policy for drinking and driving by minors. When a driver under the age of seventeen is found to have a detectable amount of alcohol in their body, they will likely be charged with the offense of DUIA by a minor, as it is commonly called. It is a Class C misdemeanor, and a first offense is punishable by any or all of the following: a fine of up to five hundred dollars, license suspension for sixty to one hundred and eighty days, community service, and attendance at an alcohol awareness course. As with adult DWI cases, the penalties for DUIA by a Minor increase for subsequent offenses.

Drivers between the ages of seventeen and twenty-one can be charged with DWI by a Minor, a Class B misdemeanor. These charges are punishable by up to a year of license suspension, a fine of up to two thousand dollars, and anywhere between three days and one hundred and eighty days in jail. Repeat offenders are penalized even more seriously, with a second offense increasing to a Class A misdemeanor with up to four thousand dollars in fines, one month to one year in jail, and up to eighteen months of license suspension. Things get even more severe if there’s a third offense. For a third-time offender, the offense is charged as a third-degree felony, along with a fine of up to ten thousand dollars, two years of license suspension, and between two and ten years of jail time.

Those penalties are harsh and are intended to deter would-be drunk drivers. Young drivers may be aware of those penalties, but they may not know the full extent of how a DUIA by a Minor or DWI by a Minor could affect their lives. Teens and young adults are at a time in their lives when they are working towards the things they envision for their future. A conviction for a DUIA by a Minor or DWI by a Minor can make achieving many of those dreams more difficult by limiting access to some programs and some sources of funding that young people rely on to help them get where they want to go.

A Texas DWI Defense Attorney can help you understand your rights and your options if you or your child have been charged with DUIA by a Minor or DWI by a Minor. Call Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

 

Texas DWI Defense Attorney Explains New DWI Law

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Drivers in Texas can expect to see some changes to the state’s DWI laws very soon. As of September 1, 2019, the state of Texas is implementing a change in the way that DWIs are handled. Proponents of the new Texas DWI law hope that it will discourage second and subsequent DWI offenses. Before the new law takes effect, first-time DWI offenders cannot obtain a deferral of their sentence through probation. After September 1, probation and deferred sentencing will be available to first-time offenders with a blood-alcohol level of less than .15 who comply with the strict conditions that the new law will require of them. Among the severe conditions that a defendant must meet to obtain a deferral is installing an ignition interlock device on their vehicle and using it properly. Since ignition interlocks have come into widespread use alongside license suspension, they have been a game-changer that has prevented many more repeat DWI offenses than license suspension alone. While over half to two-thirds of drivers with suspended licenses continue to get behind the wheel during their license suspensions, ignition interlock devices have prevented over three hundred thousand vehicle starts over the past twelve years.

The seemingly generous offer of deferment comes with harsh penalties that come into effect if a second offense occurs at any time. One of the harsh penalties is the enhancement of the second DWI to a higher class offense. This and other penalties reveal the spirit of the new law, which is aimed at encouraging first-time offenders to choose not to drink and drive by mitigating the consequences of the first offense on the one hand and promising harsh consequences for re-offending on the other hand.

Perhaps the best thing that the new DWI law offers first-time offenders is complete forgiveness of their offense after successful completion of probation for so long as they do not re-offend. If you take your first offense DWI seriously and make the necessary changes in your life to ensure that it never happens again, you can move forward with your head held high, free of the life-long consequences that can follow a DWI conviction. It takes serious commitment and a real and lasting change of heart to make that happen, but the results are worth it, both for the driver who gets the second chance and the lives that are potentially saved as the result of that driver’s conscious choice to never drive under the influence of alcohol again.

While the new Texas DWI law is good news for some drivers, drivers must understand that not every first-offense DWI defendant will qualify for deferred sentencing through probation. As I mentioned before, the defendant’s blood-alcohol level must not exceed .15. Also, the state can deny deferral for some DWI offenses regardless of blood alcohol content.

Texas’s new DWI law can benefit many first-time DWI offenders. However, any driver who is charged with DWI would do well to work with a Texas DWI Defense Attorney to resolve their DWI case. As I mentioned earlier, deferred sentencing is not automatic for first-time offenders, and all DWI defendants need support as they proceed through their DWI case. Call Texas DWI defense attorney Alex Tyra today,  at (903) 753-7499, or fill out a contact form on our website.

 

Texas DWI Defense Attorney Reminds Boaters to Know and Follow Texas Boating Rules

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Last year, twenty-nine people died, and many more were injured in hundreds of boating accidents throughout the state of Texas. This year, boating season opened with water levels that are higher than usual, and Texas game wardens were out in force patrolling lakes and other waterways in an effort to remind boaters to make safety their top priority.

People who enjoy boating in Texas should be aware that there are safety rules that they must follow when they go out on the water. For example, a life jacket must be available for each person on the boat. Children who are age thirteen or younger are required by law to have their life jacket on at any time while the boat is moving or drifting. Game wardens can and do issue citations for violations of the state’s life jacket rules, which exist for the purpose of saving lives. Drowning causes many boating accident fatalities, and most drowning victims were not wearing life jackets at the time that they drowned. Boat operators are encouraged to take an additional step to protect their lives and the lives of their passengers and attach the clip for the boat’s kill switch to their life jacket. Kill switches have the potential to save many lives in boating accidents, and many boats have them. Unfortunately, they only work when they are used correctly, which means attaching the clip to the operator’s life jacket. Be sure that you learn and follow all boating laws that apply to you and your watercraft before you go out on the water this summer.

As game wardens throughout the state monitor lakes and waterways this boating season, life jackets are not the only thing they’ll be looking for. Intoxicated boaters cause many boating accidents, injuries, and deaths each year. If you operate a boat or any other watercraft when your blood alcohol level is above 0.08, you can be charged with the offense of boating while intoxicated. If you are convicted, you may face fines, jail time, and the loss of your drivers’ license.

Boaters are also required to report certain boating accidents. Contact the Texas Parks and Wildlife Department or a local law enforcement agency if you are involved in a boating accident where someone dies or requires medical attention that goes beyond the basic first aid that you would use to treat bumps, bruises, scrapes, sunburn and the like. You must also report any boating accident where over two thousand dollars of property damage occurs, even if no one is hurt in the crash.

If you are charged with a boating-related crime in Texas, contact Texas criminal and DWI defense attorney Alex Tyra right away. Criminal charges like boating while intoxicated can have a far-reaching effect on multiple areas of your life. We urge you to take immediate action today to protect your rights. Please call our office to speak with us, at (903) 753-7499, or fill out a contact form on our website.

 

Texas DWI Defense Attorney Says Evidentiary Challenges Are Part of a Solid Defense Strategy

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A solid DWI defense often includes multiple strategies for defeating the prosecution’s case against the defendant. Evidence is a critical component of the state’s case in any DWI case. When it’s possible that there could be a problem with one or more of the pieces of evidence that the state plans to present at trial, a defense attorney will often challenge the admissibility of the evidence in the hope that the court will agree with their argument and exclude the evidence from the trial. Since the state must be able to support its case against the defendant with the evidence it plans to present at trial, each piece of the state’s evidence that is excluded from the trial weakens the case against the defendant.

The Texas Court of Criminal Appeals recently issued a ruling that excludes the admission of a specific blood sample. In its ruling, the Court agreed with a lower court’s decision that the evidence was gathered in an unconstitutional manner, thus violating the defendant’s rights. The State tried, in its appeal, to persuade the Texas Court of Criminal Appeals that the judge who previously ruled in favor of excluding the evidence abused his judicial discretion. The Texas Court of Appeals has sent the case back to the 210th District Court for trial.

The defendant in the case mentioned above is a man from El Paso who is charged with the deaths of three people in connection with an automobile wreck that happened on Christmas Eve in 2014. Joel Garcia’s blood was taken without a warrant, in the hours following the crash. The State claimed that the blood sample had to be drawn before a warrant could be obtained because the defendant required immediate medical treatment after his accident. The defense argued that the defendant’s injuries did not require immediate medical treatment, rendering the warrantless  blood draw a violation of Garcia’s fourth amendment rights. After several appeals, the issue of whether the defendant’s blood sample is allowed as evidence in his trial was finally decided by the Texas Court of Criminal Appeals, as mentioned above.

Constitutional challenges are just one of the ways defense attorneys can attack the validity of blood samples and other types of physical evidence. In some cases, questions over the handling of items like blood samples lead to the exclusion of evidence that the state planned to rely on heavily in its case. Blood samples can be taken incorrectly, stored improperly, and in some cases even mixed up and mislabeled with the wrong name. Blood and breath testing equipment are not infallible, and challenges to the validity of test results are another way that defense counsel can sometimes have evidence excluded from a defendant’s trial.

If you’ve been charged with DWI in Texas, contact a skilled Texas DWI Defense Attorney right away. DWI charges can have a far-reaching effect on many areas of your life, so it is critical that you take action now because your rights and your freedom are at stake. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

 

Texas DWI Defense Attorney Says Security Cameras in Bars May Aid Defendants

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Individual defendants aren’t the only ones charged with alcohol-related crimes in Texas. Restaurants, bars, and other types of businesses that serve alcohol run the risk of being accused of overserving patrons. These charges can come with severe fines and penalties, in addition to the cost of obtaining legal defense to represent the establishment in court.

Fortunately, some alcohol-serving establishments and some of the patrons who frequent them stand to benefit from video footage captured by security cameras. Video surveillance is commonplace in bars, restaurants, and other public places. That is proving to be a very good thing in some cases where undercover agents accuse bartenders of serving drinks to customers who are, in their opinion, already intoxicated. While it is true that in some cases, the bartenders captured on camera are indeed serving drinks to people who are inebriated, it is also true that some bartenders and customers have had the charges brought against them dropped after a judge reviews the video evidence and concludes that there is no “obvious intoxication” present.

The Texas Alcoholic Beverage Commission (TABC) is an agency whose agents work to find and cite establishments that serve alcohol to people who are already intoxicated. Unfortunately, the agency does not have a set of clear guidelines that agents must follow in determining that a person is drunk. Agents rely on their observations and subjective judgments that they make about the people they observe as they search for those people who are breaking the law. Security cameras provide the judges who hear cases brought by the TABC with a look at the behavior of the bartenders and patrons whose conduct is in question. Often, video evidence supports the conclusion advanced by the TABC agents who brought the charges, but sometimes, it doesn’t. In those cases where what’s on the video does not support the agents’ conclusions, judges can and do ask the state to drop the charges.

Video evidence does more than help those who are innocent obtain the exoneration they deserve. It also points to a need for the agencies charged with protecting the public safety to continually evaluate the methods that they use to assess potential threats to public safety. For example, a more precise definition of what it means to be intoxicated according to Texas law would benefit both the bartenders who are trying to serve drinks within limits established by law and the TABC agents who are working to spot and apprehend those who are breaking the law.

If you are charged with DWI or some other alcohol-related crime in Texas, locate a skilled Texas DWI defense attorney right away. Your attorney can help you take steps to protect your rights and your freedom while working to develop a defense strategy that will protect the things that are most important to you. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

 

 

 

 

 

 

 

 

 

 

 

Texas DWI Defense Attorney Says Security Cameras in Bars May Aid Defendants

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Individual defendants aren’t the only ones charged with alcohol-related crimes in Texas. Restaurants, bars, and other types of businesses that serve alcohol run the risk of being accused of overserving patrons. These charges can come with severe fines and penalties, in addition to the cost of obtaining legal defense to represent the establishment in court.

Fortunately, some alcohol-serving establishments and some of the patrons who frequent them stand to benefit from video footage captured by security cameras. Video surveillance is commonplace in bars, restaurants, and other public places. That is proving to be a very good thing in some cases where undercover agents accuse bartenders of serving drinks to customers who are, in their opinion, already intoxicated. While it is true that in some cases, the bartenders captured on camera are indeed serving drinks to people who are inebriated, it is also true that some bartenders and customers have had the charges brought against them dropped after a judge reviews the video evidence and concludes that there is no “obvious intoxication” present.

The Texas Alcoholic Beverage Commission (TABC) is an agency whose agents work to find and cite establishments that serve alcohol to people who are already intoxicated. Unfortunately, the agency does not have a set of clear guidelines that agents must follow in determining that a person is drunk. Agents rely on their observations and subjective judgments that they make about the people they observe as they search for those people who are breaking the law. Security cameras provide the judges who hear cases brought by the TABC with a look at the behavior of the bartenders and patrons whose conduct is in question. Often, video evidence supports the conclusion advanced by the TABC agents who brought the charges, but sometimes, it doesn’t. In those cases where what’s on the video does not support the agents’ conclusions, judges can and do ask the state to drop the charges.

Video evidence does more than help those who are innocent obtain the exoneration they deserve. It also points to a need for the agencies charged with protecting the public safety to continually evaluate the methods that they use to assess potential threats to public safety. For example, a more precise definition of what it means to be intoxicated according to Texas law would benefit both the bartenders who are trying to serve drinks within limits established by law and the TABC agents who are working to spot and apprehend those who are breaking the law.

If you are charged with DWI or some other alcohol-related crime in Texas, locate a skilled Texas DWI defense attorney right away. Your attorney can help you take steps to protect your rights and your freedom while working to develop a defense strategy that will protect the things that are most important to you. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

 

 

 

 

 

 

 

 

 

 

 

Texas DWI Defense Attorney Says Security Cameras in Bars May Aid Defendants

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Individual defendants aren’t the only ones charged with alcohol-related crimes in Texas. Restaurants, bars, and other types of businesses that serve alcohol run the risk of being accused of overserving patrons. These charges can come with severe fines and penalties, in addition to the cost of obtaining legal defense to represent the establishment in court.

Fortunately, some alcohol-serving establishments and some of the patrons who frequent them stand to benefit from video footage captured by security cameras. Video surveillance is commonplace in bars, restaurants, and other public places. That is proving to be a very good thing in some cases where undercover agents accuse bartenders of serving drinks to customers who are, in their opinion, already intoxicated. While it is true that in some cases, the bartenders captured on camera are indeed serving drinks to people who are inebriated, it is also true that some bartenders and customers have had the charges brought against them dropped after a judge reviews the video evidence and concludes that there is no “obvious intoxication” present.

The Texas Alcoholic Beverage Commission (TABC) is an agency whose agents work to find and cite establishments that serve alcohol to people who are already intoxicated. Unfortunately, the agency does not have a set of clear guidelines that agents must follow in determining that a person is drunk. Agents rely on their observations and subjective judgments that they make about the people they observe as they search for those people who are breaking the law. Security cameras provide the judges who hear cases brought by the TABC with a look at the behavior of the bartenders and patrons whose conduct is in question. Often, video evidence supports the conclusion advanced by the TABC agents who brought the charges, but sometimes, it doesn’t. In those cases where what’s on the video does not support the agents’ conclusions, judges can and do ask the state to drop the charges.

Video evidence does more than help those who are innocent obtain the exoneration they deserve. It also points to a need for the agencies charged with protecting the public safety to continually evaluate the methods that they use to assess potential threats to public safety. For example, a more precise definition of what it means to be intoxicated according to Texas law would benefit both the bartenders who are trying to serve drinks within limits established by law and the TABC agents who are working to spot and apprehend those who are breaking the law.

If you are charged with DWI or some other alcohol-related crime in Texas, locate a skilled Texas DWI defense attorney right away. Your attorney can help you take steps to protect your rights and your freedom while working to develop a defense strategy that will protect the things that are most important to you. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

 

 

 

 

 

 

 

 

 

 

 

Texas DWI Defense Attorney Reminds Drivers to Watch Out for No Refusal Periods

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Austin police report that their ‘No Refusal’ DWI enforcement program is helping them obtain better evidence and make stronger cases against drunk and drugged drivers. Despite that apparent success, there are no numerical data available to tell us whether fewer people are driving under the influence of drugs or alcohol and whether there has been a decrease in the amount of fatal drug or alcohol-related crashes as the result of the no-refusal program.

You might not be aware that the overall number of DWI arrests in Austin has not increased since the no-refusal program got implemented. The Austin Police Department arrest between five and a half thousand and six thousand drivers each year on suspicion of DWI and the number remains consistent even as the no-refusal program continues to expand into time periods that do not happen near holidays.

Whether the no-refusal program is effective in preventing impaired driving or not, it is still something that drivers should be aware of.  In previous years, Halloween has been a time when police in Austin and elsewhere in the state have conducted no-refusal periods. Although Halloween falls on a Tuesday this year, there are always plenty of parties during the weekend before the holiday. Law enforcement officials know that this is sure to be a fun-filled weekend for both children and adults, and in selected areas, they may even be conducting a no-refusal period during that time.

Whether or not your plans for Halloween take you to an area where no-refusal will be in effect, be aware that law enforcement officers will be working to keep drunk and drugged drivers off the streets by increasing their patrols. A bigger law enforcement presence on the streets means that you are at a higher risk of being pulled over than you usually are.

If your plans this weekend take you to an area where no-refusal is in effect, know that law enforcement officers will arrest any driver who refuses to submit to roadside blood or breath testing. After the arrest, a blood sample will be taken from them while they are in police custody.

Texas DWI Defense Attorney Alex Tyra – A Powerful Ally Against Texas DWI Charges

If you get stopped by the police, you might be able to prevent your traffic stop from turning into a DWI investigation. Remain calm, speak respectfully, and give the police officer only as much information as the law requires. If you do get arrested, protect yourself by using your right to remain silent. Ask to speak with an attorney right away. An experienced Texas DWI defense attorney can build a strong case on your behalf, especially if you retain them immediately. If you get charged with DWI because you are suspected of driving under the influence of drugs or alcohol, contact an experienced Texas DWI Defense Attorney today. If you have any questions about DWI in Texas, call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or contact us on our website through our online contact form.

 

Texas DWI Defense Attorney Talks About What Defense Attorneys Do

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Did you get caught up in a DWI arrest this past weekend in Austin? If so, it’s time for you to learn more about what a Texas DWI Defense Attorney can do for you. The police in the Austin area have expanded their No Refusal DWI initiative, which means that more and more drivers are being stopped, investigated, and sometimes even arrested for DWI. If you are one of those drivers, there is a lot at stake, but there is also something that you can do to give yourself a chance at the best possible outcome in your Texas DWI case.

The “no refusal” initiative allows police to forcefully draw blood from drivers who refuse to voluntarily participate in blood or breath testing by obtaining bench warrants from on-duty magistrate judges. In many areas in Texas, “no refusal” periods take place on a few selected holiday weekends each year. The Austin Police Department declared an every weekend No Refusal DWI initiative starting January 6, 2017, through September 2017, from 10 p.m. to 5 a.m. every Friday and Saturday night through Sunday morning.

Any driver who gets arrested for DWI can benefit from the services of a Texas DWI defense attorney. Your DWI defense attorney can help you understand the charges that you are facing. They can also tell you how a conviction could affect various areas of your life. When you make an appointment to talk with a DWI defense attorney, they will want you to tell them about your DWI arrest.  When an attorney asks you to tell them about your arrest, they are listening for specific details about your arrest that can help them formulate a plan for your defense, should you decide to have them represent you.

It’s possible that your income will qualify you for the services of a public defender. However, it is important that you understand the difference between retaining private counsel for your DWI case and working with one of the state’s public defenders. A public defender is an attorney who is employed by the state.  In contrast, private counsel is an attorney that you select and pay for on your own. All attorneys are licensed professionals and each attorney advocates on behalf of their clients. The main distinction between a public defender and a private attorney is that in Texas, public defenders don’t take part in the administrative license suspension (ALR) process. Any driver who gets charged with DWI must request an ALR hearing to avoid license suspension. Only private counsel may handle those requests and the ALR hearings.

Texas Criminal Defense Attorney Alex Tyra – Standing Up for Texas Defendants

The penalties for DWI can have far-reaching effects on many areas of your life. From transportation to your job to being able to provide transportation to others in your family, qualifying for public benefits, applying for jobs, and finding a place to live, a DWI can require a lot of adjustments to your daily life. Fortunately, a Texas DWI defense attorney can give you the best chance of obtaining a result in your DWI case that will intrude upon your life as little as is possible under your unique circumstances. To learn more about Texas DWI defense, call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499. You can also connect with us through our online contact form.

Texas DWI Defense Attorney Talks About What Defense Attorneys Do

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Did you get caught up in a DWI arrest this past weekend in Austin? If so, it’s time for you to learn more about what a Texas DWI Defense Attorney can do for you. The police in the Austin area have expanded their No Refusal DWI initiative, which means that more and more drivers are being stopped, investigated, and sometimes even arrested for DWI. If you are one of those drivers, there is a lot at stake, but there is also something that you can do to give yourself a chance at the best possible outcome in your Texas DWI case.

The “no refusal” initiative allows police to forcefully draw blood from drivers who refuse to voluntarily participate in blood or breath testing by obtaining bench warrants from on-duty magistrate judges. In many areas in Texas, “no refusal” periods take place on a few selected holiday weekends each year. The Austin Police Department declared an every weekend No Refusal DWI initiative starting January 6, 2017, through September 2017, from 10 p.m. to 5 a.m. every Friday and Saturday night through Sunday morning.

Any driver who gets arrested for DWI can benefit from the services of a Texas DWI defense attorney. Your DWI defense attorney can help you understand the charges that you are facing. They can also tell you how a conviction could affect various areas of your life. When you make an appointment to talk with a DWI defense attorney, they will want you to tell them about your DWI arrest.  When an attorney asks you to tell them about your arrest, they are listening for specific details about your arrest that can help them formulate a plan for your defense, should you decide to have them represent you.

It’s possible that your income will qualify you for the services of a public defender. However, it is important that you understand the difference between retaining private counsel for your DWI case and working with one of the state’s public defenders. A public defender is an attorney who is employed by the state.  In contrast, private counsel is an attorney that you select and pay for on your own. All attorneys are licensed professionals and each attorney advocates on behalf of their clients. The main distinction between a public defender and a private attorney is that in Texas, public defenders don’t take part in the administrative license suspension (ALR) process. Any driver who gets charged with DWI must request an ALR hearing to avoid license suspension. Only private counsel may handle those requests and the ALR hearings.

Texas Criminal Defense Attorney Alex Tyra – Standing Up for Texas Defendants

The penalties for DWI can have far-reaching effects on many areas of your life. From transportation to your job to being able to provide transportation to others in your family, qualifying for public benefits, applying for jobs, and finding a place to live, a DWI can require a lot of adjustments to your daily life. Fortunately, a Texas DWI defense attorney can give you the best chance of obtaining a result in your DWI case that will intrude upon your life as little as is possible under your unique circumstances. To learn more about Texas DWI defense, call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499. You can also connect with us through our online contact form.