Tag Archive for: Texas DWI Defense Attorney

Texas DWI Defense Attorney Talks about How Prescription Drugs May Affect Your DWI Case

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Many Texans dutifully take their prescription medications every day, just like they have been directed to do by their doctors. If you are following the directions of your doctor and you are taking the medications that they have prescribed for you, you know that you are doing the right thing for your health. Unfortunately, what you may not know is that you might also be committing the crime of driving while impaired. The reason for this is that some commonly prescribed medications are classified as Schedule I or Schedule II controlled substances, and these substances are regulated by law. For example, Adderall, Ritalin, Ambien, Klonopin, Percocet, and codeine, are just a few of the medications that are in Schedule I or Schedule II.

In Texas, you could be charged with DWI for being under the influence of a mind-altering prescription drug, such as a pain medication. It is important that drivers know that although pain medications are some of the more commonly implicated medications in prescription drug-related DWI cases, they are not the only types of medications that are regarded as having mind-altering effects.  For example, sleeping pills, antidepressants, anti-seizure medications, and anti-anxiety medications can have mind-altering effects that are similar to those of painkillers. A driver who is found to have one or more of these substances in their system at the time of their arrest may be subject to consequences that are similar to what they would be subject to if they were found to have been driving under the influence of alcohol.

Any Texas driver who takes prescription medications and who has been charged with a DWI should contact a Texas DWI defense attorney right away, because their rights are at stake. If you have been charged with a prescription drug-related DWI, your attorney may be able to defend you against your DWI charges by presenting evidence that you were taking a Schedule I or Schedule II medication as prescribed to you by your doctor. That said, it is important that drivers understand that a valid prescription, on its own, may not lead to a successful defense based upon taking medication as prescribed. A prescription drug-related DWI defense is more likely to be successful if there is evidence that your medication, at the dosage that you are taking it, does not actually impair your ability to operate your vehicle safely. This is because unlike the well-known .08 BAC standard for alcohol, the Texas Penal Code does not specify levels of prescription drugs that would indicate impairment if they were present in a blood sample.

Texas DWI Defense Attorney Alex Tyra – Protecting the Rights of Texas DWI Defendants

Every Texas DWI case is unique, and each DWI defendant deserves to have a skilled professional working hard on their behalf to pursue a carefully crafted DWI defense strategy. Texas DWI Defense Attorney Alex Tyra has helped DWI defendants in many different types of circumstances. If you have questions about your DWI, call us today, at (903) 753-7499.

 

Texas DWI Defense Attorney Discusses a Rare Medical Cause of Elevated Blood Alcohol

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Sometimes, the facts of a DWI case indicate that something out of the ordinary is going on. Fortunately, attorneys who dedicate a substantial portion of their practice to DWI defense have enough experience with the types of things that often occur before, during, and after a DWI arrest, so they are often able to spot unusual circumstances quickly and investigate them further.

For example, a woman in New York was admitted to the hospital after taking a breathalyzer test that registered her blood alcohol at four times the legal limit. However, the hospital wanted to release the woman soon after she was admitted because she was not exhibiting any symptoms that required medical attention. Ordinarily, a person with a blood alcohol level that high would be rather ill.

Fortunately, the attorney who represented the woman noticed that the facts of her case did not seem to make sense. He investigated possible causes of high blood alcohol levels without accompanying symptoms, and he found that a rare medical condition called auto brewery syndrome or gut fermentation syndrome does just that.

The woman’s unusual blood alcohol level was closely examined, thanks to to the efforts of her husband, who urged doctors to do additional testing, and her attorney, who hired medical professionals to monitor her and test her blood alcohol level at regular intervals for a period of twelve hours. Instead of decreasing as time passed since the woman had had her last drink of the evening, her blood alcohol increased over time. That pattern of increasing blood alcohol over time is consistent with what happens when an individual with auto brewery syndrome consumes food or drink, because abnormal amounts of gastrointestinal yeast convert the carbohydrates from the things that they ate or drank into ethanol, which is alcohol.

Since something unusual was going on in the woman’s DWI case, her attorney had to build a defense case that would explain what auto brewery syndrome is, and, even more importantly, that that was the reason why his client’s blood alcohol level was as high as it was at the time that she was arrested. The attorney brought a pharmacologist to court, and the pharmacologist explained how alcohol would be metabolized by a woman of the same size and weight as the defendant. That information was presented along with the information that had been gathered from the defendant’s blood tests, which showed that the drinks that she had consumed were not metabolized in a normal way. The end result is that the evidence of what happened with the woman’s blood alcohol, along with the explanation for why it had happened, which is because she suffers from a rare medical condition, led to dismissal of her DWI charges.

Texas DWI Defense Attorney Alex Tyra – Your Source For Comprehensive Defense

If you have been charged with DWI in Texas, you do not have to navigate the road ahead of you alone. A seasoned defense attorney can build the strongest possible case on your behalf. Texas DWI Defense Attorney Alex Tyra has helped DWI defendants in many different types of circumstances. If you have questions about your DWI, call us today, at (903) 753-7499.

 

Texas DWI Defense Attorney Discusses a Rare Medical Cause of Elevated Blood Alcohol

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Sometimes, the facts of a DWI case indicate that something out of the ordinary is going on. Fortunately, attorneys who dedicate a substantial portion of their practice to DWI defense have enough experience with the types of things that often occur before, during, and after a DWI arrest, so they are often able to spot unusual circumstances quickly and investigate them further.

For example, a woman in New York was admitted to the hospital after taking a breathalyzer test that registered her blood alcohol at four times the legal limit. However, the hospital wanted to release the woman soon after she was admitted because she was not exhibiting any symptoms that required medical attention. Ordinarily, a person with a blood alcohol level that high would be rather ill.

Fortunately, the attorney who represented the woman noticed that the facts of her case did not seem to make sense. He investigated possible causes of high blood alcohol levels without accompanying symptoms, and he found that a rare medical condition called auto brewery syndrome or gut fermentation syndrome does just that.

The woman’s unusual blood alcohol level was closely examined, thanks to to the efforts of her husband, who urged doctors to do additional testing, and her attorney, who hired medical professionals to monitor her and test her blood alcohol level at regular intervals for a period of twelve hours. Instead of decreasing as time passed since the woman had had her last drink of the evening, her blood alcohol increased over time. That pattern of increasing blood alcohol over time is consistent with what happens when an individual with auto brewery syndrome consumes food or drink, because abnormal amounts of gastrointestinal yeast convert the carbohydrates from the things that they ate or drank into ethanol, which is alcohol.

Since something unusual was going on in the woman’s DWI case, her attorney had to build a defense case that would explain what auto brewery syndrome is, and, even more importantly, that that was the reason why his client’s blood alcohol level was as high as it was at the time that she was arrested. The attorney brought a pharmacologist to court, and the pharmacologist explained how alcohol would be metabolized by a woman of the same size and weight as the defendant. That information was presented along with the information that had been gathered from the defendant’s blood tests, which showed that the drinks that she had consumed were not metabolized in a normal way. The end result is that the evidence of what happened with the woman’s blood alcohol, along with the explanation for why it had happened, which is because she suffers from a rare medical condition, led to dismissal of her DWI charges.

Texas DWI Defense Attorney Alex Tyra – Your Source For Comprehensive Defense

If you have been charged with DWI in Texas, you do not have to navigate the road ahead of you alone. A seasoned defense attorney can build the strongest possible case on your behalf. Texas DWI Defense Attorney Alex Tyra has helped DWI defendants in many different types of circumstances. If you have questions about your DWI, call us today, at (903) 753-7499.

 

Texas DWI Defense Attorney Discusses Delays in DWI Cases

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Being a DWI defendant is not easy. Throughout the DWI case process, DWI defendants are likely to feel a variety of emotions including fear, sorrow, anger, and frustration. Regardless of how any given DWI case ends, at the conclusion of a DWI case the defendant has certainty about its outcome. Unfortunately, some DWI defendants in Bexar County may be feeling additional fear, sorrow, and anger because they are waiting much longer than usual to experience the certainty that comes with resolution of their DWI cases.

A scandal involving the private laboratory that used to test the blood samples of Bexar County DWI suspects who refused to take the breath test has resulted in a huge backlog of samples that are currently awaiting testing at a laboratory at the Texas Department of Public Safety in Austin. The scandal involved possible mishandling of blood samples by the staff of the private laboratory, which no longer performs tests for the county.

Because of the delay, prosecutors have gone forward with some DWI cases without blood test evidence. Blood samples for certain DWI cases, such as those involving intoxication assault and intoxication manslaughter, have always been tested by the Bexar County medical examiner’s office, which continues to perform the tests for those types of cases. In cases where blood samples have not yet been tested, prosecutors have been proceeding with eyewitness testimony, field sobriety tests, and breathalyzer test results when available. The result appears to be an increase in DWI convictions, which is concerning for defendants whose samples are on hold. The unavailability of DWI blood test results is also concerning because it could harm DWI defendants whose results would show that they were innocent.

The increased rate of conviction is just one thing about the backlog of DWI cases that is causing frustration among DWI defendants and their attorneys. These defendants are being kept in limbo, unsure of when their case will proceed. Also, the no refusal policy that resulted in the samples being taken from drivers who refused breath testing is controversial. This adds to the sense of injustice that the defendants whose samples are awaiting testing are currently experiencing.

Texas DWI Defense Attorney Alex Tyra – Strong Support for DWI Defendants

When you are facing DWI charges, you are likely to have many concerns. An experienced DWI defense attorney can help you understand the charges against you as well as the DWI case process. Each defendant has unique needs and priorities. Some defendants have prior DWI convictions, while it is the first time for others. Some have families to support, while others have concerns regarding immigration. Whatever your priorities are, it is essential that you get the legal support that a DWI defense attorney can provide. Texas DWI Defense Attorney Alex Tyra has helped all kinds of DWI defendants through the DWI case process towards resolution of their DWI cases. It is possible that he may be able to help you, too. Please call our office today, at (903) 753-7499, or contact us online to learn more.

 

Texas DWI Defense Attorney Discusses Delays in DWI Cases

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Being a DWI defendant is not easy. Throughout the DWI case process, DWI defendants are likely to feel a variety of emotions including fear, sorrow, anger, and frustration. Regardless of how any given DWI case ends, at the conclusion of a DWI case the defendant has certainty about its outcome. Unfortunately, some DWI defendants in Bexar County may be feeling additional fear, sorrow, and anger because they are waiting much longer than usual to experience the certainty that comes with resolution of their DWI cases.

A scandal involving the private laboratory that used to test the blood samples of Bexar County DWI suspects who refused to take the breath test has resulted in a huge backlog of samples that are currently awaiting testing at a laboratory at the Texas Department of Public Safety in Austin. The scandal involved possible mishandling of blood samples by the staff of the private laboratory, which no longer performs tests for the county.

Because of the delay, prosecutors have gone forward with some DWI cases without blood test evidence. Blood samples for certain DWI cases, such as those involving intoxication assault and intoxication manslaughter, have always been tested by the Bexar County medical examiner’s office, which continues to perform the tests for those types of cases. In cases where blood samples have not yet been tested, prosecutors have been proceeding with eyewitness testimony, field sobriety tests, and breathalyzer test results when available. The result appears to be an increase in DWI convictions, which is concerning for defendants whose samples are on hold. The unavailability of DWI blood test results is also concerning because it could harm DWI defendants whose results would show that they were innocent.

The increased rate of conviction is just one thing about the backlog of DWI cases that is causing frustration among DWI defendants and their attorneys. These defendants are being kept in limbo, unsure of when their case will proceed. Also, the no refusal policy that resulted in the samples being taken from drivers who refused breath testing is controversial. This adds to the sense of injustice that the defendants whose samples are awaiting testing are currently experiencing.

Texas DWI Defense Attorney Alex Tyra – Strong Support for DWI Defendants

When you are facing DWI charges, you are likely to have many concerns. An experienced DWI defense attorney can help you understand the charges against you as well as the DWI case process. Each defendant has unique needs and priorities. Some defendants have prior DWI convictions, while it is the first time for others. Some have families to support, while others have concerns regarding immigration. Whatever your priorities are, it is essential that you get the legal support that a DWI defense attorney can provide. Texas DWI Defense Attorney Alex Tyra has helped all kinds of DWI defendants through the DWI case process towards resolution of their DWI cases. It is possible that he may be able to help you, too. Please call our office today, at (903) 753-7499, or contact us online to learn more.

 

Texas DWI Defense Attorney Describes What Happens After a DWI Arrest

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Many people are familiar with what happens prior to a DWI arrest – a law enforcement officer stops a vehicle, determines that they think that the driver is intoxicated, and arrests them. Unless you have been arrested for DWI before, you may not know what happens after a DWI arrest. Of course, each arrest is a unique situation, but there are some things that do occur after most DWI arrests.

When a driver is being arrested for DWI, their vehicle is not simply left on the side of the road indefinitely as they leave the scene in a police car. In some cases, the driver is fortunate enough to be able to make contact with a family member who can move their car. Unfortunately, in other cases, a tow truck must be called to move the vehicle which will add to the total cost of the driver’s DWI arrest experience.

Depending upon where you are arrested, you may be transported by law enforcement to the magistrate’s office, or to the county jail. Wherever you end up, you will spend some time there as things get sorted out. Many drivers spend between ten and twelve hours at the magistrate’s office or in jail, but if it is a holiday or a weekend, they may have to stay there a lot longer because they have plenty of company. Sometimes, drivers have a physical or mental health emergency and must be transported to a hospital or brought to the medical center of the jail instead of to the magistrate’s office or a holding cell.

Once those initial steps of the process have occurred, you will be booked into the system and allowed to make two phone calls. Usually you are restricted to making local calls, but people from outside of the local area may be permitted to make long distance calls. The next step in the process is that the police will decide where you will stay until it is time for you to be released. These intermediate steps often take about an hour, but as mentioned before, if there are many people being arrested at the same time that you are, your experience may take substantially longer. Before you are able to be released, bond must usually be paid by someone on your behalf. Depending upon the situation, you may be eligible to be released on a personal recognizance bond, which means that you do not have to supply any bond money. Once bond has been taken care of, there is further processing and paperwork which must be completed before your release actually occurs.

Texas DWI Defense Attorney Alex Tyra – Defending Texas Drivers Against DWI Charges

If you ever get arrested for DWI and you are taken into custody, use one of your two phone calls to contact an experienced Texas DWI defense attorney. Your DWI defense attorney can provide you with the legal support that you need during all of the stages of your DWI experience. Texas DWI Defense Attorney Alex Tyra has experience with helping Texans stand up to their DWI charges. To learn more, please call our office today, at (903) 753-7499, or contact us online.

Texas DWI Defense Attorney Urges Drivers to Use Caution on Halloween Weekend

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This year, Halloween falls on a Saturday. This is both good news and bad news. If you enjoy Halloween parties, you may be excited for a weekend of fun. However, since Halloween is a holiday that is celebrated by both children and adults, there are safety concerns that law enforcement officers are well aware of. During the late afternoon hours and well into the evening, costumed children take to the streets for trick-or-treating. The increased presence of children on and near roadways increases the risk of pedestrian accidents for all drivers, and law enforcement officers will be out in full force to keep pedestrians as safe as possible. Increased law enforcement presence is likely to lead to more traffic stops. Since law enforcement officers are on a heightened alert for intoxicated drivers, they will not hesitate to test any driver for whom they have the slightest suspicion of intoxication.

Pedestrian safety is not the only focus of law enforcement officers on Halloween, though. The Texas Department of Public Safety is likely to implement a “no refusal weekend” for Halloween this year, after a successful “no refusal weekend” last Halloween. This year, “no refusal weekends” have been implemented on most major holidays, so there is a high likelihood that the same thing will happen on Halloween.

If you are unfamiliar with the concept of the “no refusal weekend”, it is important that you understand how traffic stops during these times differ from regular traffic stops. Whenever there is a “no refusal weekend”, any driver who is suspected of driving under the influence of alcohol will be required to submit to roadside breath or blood alcohol testing. If a driver refuses to submit to the testing, they will be arrested. After the driver has been arrested, a blood sample will be obtained from them while they are in police custody. Ordinarily, a driver on Texas roads who refuses roadside blood or breath testing will have their license suspended, but they will not be arrested.

Texas DWI Defense Attorney Alex Tyra – Comprehensive Legal Support for Texas Drivers

If you are pulled over by the police at any point in time, it is important that you do your best to prevent your traffic stop from turning into a DWI investigation. Remain calm, use a respectful tone of voice, and take care not to provide the police officer with much information. If you are taken into custody, exercise your right to remain silent, and ask to speak with an attorney right away. A knowledgeable Texas DWI defense attorney can do many things to build a strong case on your behalf, including checking for issues with the blood draw warrant, looking for mistakes in handling of the blood sample, and questioning the accuracy of the blood test results and the integrity of the procedure for taking and handling the blood sample. If you have been accused of driving under the influence of alcohol, contact an experienced Texas DWI Defense Attorney right away. If you have questions about DWI in Texas, call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or contact us online.

 

Texas DWI Defense Attorney Urges Drivers to Use Caution on Halloween Weekend

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This year, Halloween falls on a Saturday. This is both good news and bad news. If you enjoy Halloween parties, you may be excited for a weekend of fun. However, since Halloween is a holiday that is celebrated by both children and adults, there are safety concerns that law enforcement officers are well aware of. During the late afternoon hours and well into the evening, costumed children take to the streets for trick-or-treating. The increased presence of children on and near roadways increases the risk of pedestrian accidents for all drivers, and law enforcement officers will be out in full force to keep pedestrians as safe as possible. Increased law enforcement presence is likely to lead to more traffic stops. Since law enforcement officers are on a heightened alert for intoxicated drivers, they will not hesitate to test any driver for whom they have the slightest suspicion of intoxication.

Pedestrian safety is not the only focus of law enforcement officers on Halloween, though. The Texas Department of Public Safety is likely to implement a “no refusal weekend” for Halloween this year, after a successful “no refusal weekend” last Halloween. This year, “no refusal weekends” have been implemented on most major holidays, so there is a high likelihood that the same thing will happen on Halloween.

If you are unfamiliar with the concept of the “no refusal weekend”, it is important that you understand how traffic stops during these times differ from regular traffic stops. Whenever there is a “no refusal weekend”, any driver who is suspected of driving under the influence of alcohol will be required to submit to roadside breath or blood alcohol testing. If a driver refuses to submit to the testing, they will be arrested. After the driver has been arrested, a blood sample will be obtained from them while they are in police custody. Ordinarily, a driver on Texas roads who refuses roadside blood or breath testing will have their license suspended, but they will not be arrested.

Texas DWI Defense Attorney Alex Tyra – Comprehensive Legal Support for Texas Drivers

If you are pulled over by the police at any point in time, it is important that you do your best to prevent your traffic stop from turning into a DWI investigation. Remain calm, use a respectful tone of voice, and take care not to provide the police officer with much information. If you are taken into custody, exercise your right to remain silent, and ask to speak with an attorney right away. A knowledgeable Texas DWI defense attorney can do many things to build a strong case on your behalf, including checking for issues with the blood draw warrant, looking for mistakes in handling of the blood sample, and questioning the accuracy of the blood test results and the integrity of the procedure for taking and handling the blood sample. If you have been accused of driving under the influence of alcohol, contact an experienced Texas DWI Defense Attorney right away. If you have questions about DWI in Texas, call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or contact us online.

 

Texas DWI Defense Attorney Discusses Changes to Drunk Driving Laws

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As of September 1, 2015, Texas laws regarding drinking and driving got even tougher. Ignition interlock devices will now be required for all offenders with a blood alcohol content of .08 or higher if they wish to continue driving after they have been arrested for DWI. The devices prevent people from driving if they have consumed any alcohol, because the driver must breathe into the device before attempting to start their vehicle. The old DWI law gave arrested offenders the option of applying for a restricted driver’s license following their arrest. The new law gives drivers who are arrested for DWI the choice of either applying for an ignition interlock within fifteen days of their arrest or giving up their driving privileges altogether. The length of time that a driver must use an ignition interlock for depends upon whether it is their first offense, in which case they must use it for ninety days, or a subsequent offense, which will require one hundred and eighty days of use.

The new law is a significant departure from previous rules which only required repeat offenders and individuals with blood alcohol levels of .15 or greater to install ignition interlock devices on their vehicles. The new drunk driving law, with its harsher penalty, raises the stakes for drivers who are accused of driving under the influence of alcohol. If you are arrested and charged with DWI, it is essential that you contact a Texas criminal defense attorney. Your attorney can examine your case from every possible angle, so that you have the greatest possible chance of avoiding a conviction and the intrusive ignition interlock requirement.

While it is true that license suspensions are hard to enforce and ignition interlocks do enable individuals to continue driving as long as they refrain from drinking alcohol, it is important that these devices be reserved for drivers who actually need them. The new law, with its requirement that all offenders, even first-time offenders, obtain an ignition interlock creates a risk that drivers who are wrongfully convicted of driving under the influence of alcohol will be required to install ignition interlock devices in their vehicles.

Texas DWI Defense Attorney Alex Tyra – Comprehensive Legal Support When You Need it Most

Now that ignition interlock devices are required for all drivers who are arrested for DWI, drivers have even more at stake following a DWI arrest then they did previously. In addition to fines, jail time, and other far-reaching consequences, a driver who is accused of driving under the influence of alcohol could be required to install an ignition interlock device on his or her vehicle. This means that now, more than ever, it is absolutely essential that any driver who is accused of driving under the influence of alcohol contact an experienced Texas DWI Defense Attorney right away. If you have been arrested for DWI, call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or contact us online.

 

 

Texas DWI Defense Attorney Talks about the True Cost of a DWI

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If you have been accused of driving while intoxicated, you are probably quite concerned about the effects that a DWI conviction could have on your life. Even if you eventually end up not being convicted, even just being accused of driving while intoxicated can affect your life in many ways. You may begin to experience hardships associated with your DWI charges as soon as you are arrested. Unfortunately, those hardships are likely to continue in the days, weeks, and months that follow your arrest as you work to get your charges dropped or reduced.

When you are charged with driving under the influence of alcohol, you may experience consequences that affect your freedom and limit your options. You are also likely to experience a variety of economic consequences after being charged with a DWI and even more additional costs if you are convicted.

The costs associated with your DWI begin to add up as soon as you are arrested. Your car might be towed from the scene of the traffic stop, so you may have to pay fees for towing and storage before you can get it back. After your arrest, you may be required to post bond in order to be released. If the amount of your bond is more than you can pay, you may also incur the expense of paying a bail bondsman to post your bond.

When you consider the costs of DWI charges, it is easy to understand why some DWI defendants believe that they can save money by representing themselves in their DWI cases. However, retaining a DWI defense attorney could save you money in the long run. Being represented by counsel increases your chances of obtaining the best possible outcome in your DWI case because DWI defense attorneys know how to look at all of the information that is available in DWI cases and use that information to defend their clients the charges.

In addition to attorneys’ fees, there are other costs that are associated with a DWI. Depending upon how your case is resolved, you may have to pay additional fees for diversion programs, classes, and counseling. There are also costs associated with license suspension and reinstatement, including reinstatement fees, higher insurance costs, and the cost of a vehicle interlock device if you are required to get one.

Other costs associated with DWI charges and convictions include court costs, the cost of taking time off of work to attend court, and the costs of alternate transportation. If you have been charged with DWI, call a Texas DWI Defense Attorney right away. Your Texas DWI Defense Attorney can help you understand the charges that have been brought against you and the costs that will likely be associated with your DWI. Texas DWI Defense Attorney Alex Tyra has helped many DWI defendants, and he may be able to help you. Please call our office today, at (903) 753-7499, or contact us online.