Two Texas DWI bills are currently before the Senate Committee. House Bill 4061 would effectively expand the criteria for mandatory installation of an ignition interlock device in a vehicle. This device analyzes a driver’s breath sample and disables the vehicle ignition if the blood alcohol content (BAC) registers above a pre-set limit. Currently, Texas DWI law requires an ignition interlock for repeat DWI offenders and those who register a very high BAC at the time of arrest.

If this law passes, we would see a local impact of nearly double the number of motorists required to install an ignition interlock system if they are convicted of a DWI in Austin, Texas. All motorists convicted of a DWI in Texas, including first-time offenders, would be directed to do so, however, judges would be left with the discretion to find the interlock installation unnecessary.

The second DWI measure being considered would permit larger cities, such as Austin, Texas and highly populated counties, like Travis and Williamson County, to establish sobriety checkpoints. Overriding concerns abound with this measure such as racial profiling, inefficiency, and a perceived police state where motorists are stopped without reasonable cause.

If you have been arrested for a DWI in Austin, Texas or Travis and Williamson Counties, time is of the essence. Call Kyle Lowe, a seasoned Austin DWI Attorney with 16 years of DWI and Criminal Law experience.

The psychology of a DWI stop is an incredibly subjective thing.  One might suggest that there is a predetermined decision in the mind of a police officer, based on the time of day, the locale, the proximity of the vehicle to local bars/nightclubs, or the prevalence of previous DWI arrests in the same area, that a driver pulled over for a traffic infraction in that same area will be assumed drunk before the police officer even approaches the vehicle.

According to an article written by Shorstein and Lasnetski, whether a DWI arrest is made is not based on concrete, objective factors that can later be confirmed in court; rather, the decision to arrest for DWI will often be based on the perceptions, observations, conclusions and biases of the police officer.  Just about every police officer that has made a DWI arrest since the beginning of time will report that the suspect had bloodshot and watery eyes, emitted a strong odor of alcohol, had slurred or mumbled speech and failed the field sobriety tests if the driver submitted to them.  However, those conclusions are all very subjective.  How bloodshot and watery were the driver’s eyes compared to what they normally look like? What if the driver was in a smoky bar or staring at a computer screen all day? How strong is a “strong odor of alcohol”? What is slurred speech compared to how a person normally speaks?  Over the entire  period of the police encounter, how often must the driver slur his/her speech for it to be considered significant? Is the speech slurred due to alcohol or because the person is nervous? How the officer interprets these questions is very subjective.

According to the DWI Detection training manual published by the National Highway Traffic Safety Administration in 2004, police officers are taught to look for the following red flags:

● Anything which may draw their attention to a vehicle (especially at night time) such as:

A moving traffic violation;

Weaving across a lane; Abruptly swerving; Turning with too wide a radius; Almost striking an object or other vehicle; Stopping incorrectly; Rapid acceleration or deceleration; Driving on the wrong side of the road; Slow response to traffic signals; Slow or failure to respond to an officer’s signals; Stopping in a lane for no apparent reason; No headlights; Driving in an area other than a marked traffic lane; Throwing objects out of the car or other inappropriate behavior such as leaning out of the window or yelling out of the window;

● An equipment violation (burned out tail light or burned out license plate light);

● An expired registration or inspection sticker;

● Any unusual driving actions such as weaving within a lane or moving at a slower than normal speed;

● After the stop, evidence of drinking or drugs in the vehicle itself.

Following a suspected DWI stop, police officers will look for the following signs of intoxication according to the DWI Detection training manual:

● Slowed reactions;

● Impaired judgment as evidenced by a willingness to take risks;

● Impaired vision;

● Poor coordination;

● Difficulty exiting the vehicle;

● Fumbling with drivers license or insurance;

● Repeating questions for comments;

● Swaying, unsteady or balance problems;

● Leaning on the vehicle for support;

● Slurred speech;

● Slow to respond to officer/officer must repeat;

● Providing incorrect or changing answers to the same question;

● Odor of alcohol

If you have been arrested for a DWI in Austin, Texas or the surrounding counties, time is of the essence.  Contact Kyle Lowe, an Austin DWI Attorney with 16 years of DWI and Criminal Law experience.  Your case evaluation is free, your peace of mind is priceless.

Last week we warned that those in attendance for SXSW should be careful to avoid getting an Austin DWI, as there was no doubt police would be on high alert. Turns out 25 people were arrested between 9pm Friday and 5am Saturday, according to KVUE News.

It was the latest “No Refusal” enforcement from the Austin Police Department, the program where if a driver is pulled over for an Austin DWI, they may not decline to take a breathalyzer test. And if the driver says “no,” the Austin police officer can get a warrant for their blood. The last “No Refusal” enforcement happened on Super Bowl Sunday, when 21 Austin DWI arrests were made.

According to KVUE, nine out of the 25 people arrested for an Austin DWI last weekend gave a breath sample, and the remaining 16 had search warrants issued on them so that APD could draw blood samples. Since the average number of Austin DWI blood draws on other “No Refusal” nights is 25, police noted that 16 was relatively low.

Don’t Get an Austin DWI

An Austin DWI can be a permanent mark on your record — it’s very, very serious. If you’re ever arrested for an Austin DWI, be sure you know your rights. You’ll want to hire an Austin DWI attorney who has a proven record of fighting for clients’ rights. Getting an experienced, knowledgeable Austin DWI attorney like Kyle Lowe on your side can be beneficial, since it’s possible that police officers can make mistakes when it comes to DWI arrests. If you’ve been arrested for Austin DWI, contact attorney Kyle Lowe today for a free case evaluation.

Right now in Austin, the SXSW (South by Southwest) Music, Film and Interactive Festival is going on. Drawing thousands of people from all over the world, SXSW is a truly impressive annual event that seems to get bigger and better every year. It’s no wonder Austin is called the Live Music Capital of the World.

SXSW shows, panels and film screenings are concentrated in the downtown area, with tons of parties happening throughout the day and well into the night. Sixth Street bars, along with pretty much every other downtown Austin area bar, do a tremendous business during SXSW.

If you’re attending SXSW, don’t get an Austin DWI. Play it safe and don’t drive if you’ve been drinking. There are plenty of cabs available to provide transportation home. With so many people in town living the rock star life during SXSW, you can bet that police officers are on high alert and will be making a lot of Austin DWI arrests if they need to. Don’t let that be you.

If You Get an Austin DWI During SXSW

Whether you’re from Austin or visiting from out of town, getting arrested for an Austin DWI can be overwhelming. An Austin DWI can be a permanent mark on your record, and the penalties can include time in jail, fines and driver’s license suspension. Hiring an Austin DWI attorney is imperative.

If you’ve been arrested for an Austin DWI, know your rights. Contact Kyle Lowe, an Austin DWI attorney who has years of experience fighting for his clients rights. He’s thorough, diligent and works hard to defend you. For a free case evaluation, contact him today.

A 31-year-old man arrested for an Austin DWI has been accused of hitting a cyclist and leaving the scene, according to a KVUE news story. It happened late last month in Southeast Austin, near Royal Crest and East Riverside Drive.

An arrest affidavit said that the man got out of his car and asked the injured cyclist not to call the police. Just moments later, an Austin police officer tracked down the man and arrested him for an Austin DWI and failing to stop and render aid.

Get an Experienced Austin DWI Attorney On Your Side

If you’ve been arrested for DWI, or, like in this case, also accused of injuring someone, get an experienced Austin DWI attorney on your side. A DWI arrest is very, very serious, as is an accusation of injuring someone, so hiring legal representation is absolutely necessary.

Knowing your rights is key if you get arrested for an Austin DWI. Tell the police officer that you respectfully decline to provide any answers until you are able to consult with Kyle Lowe, you Austin DWI attorney.

Austin DWI Attorney Kyle Lowe

Austin DWI attorney Kyle Lowe has years of experience handling DWI cases in Austin. He knows how serious a DWI arrest is, and how it can be on your driving record for the rest of your life. If you’ve been arrested for an Austin DWI, it’s imperatve that you get Austin DWI attorney Kyle Lowe on your side. Contact him today for a free case evaluation.

According to News 8 Austin, there were 21 Austin DWI arrests made on Super Bowl Sunday earlier this month. A large number for one day, no doubt, but it was all because of the Austin Police Department’s “No Refusal” program that was set up for the day.

The program has been implemented three times so far in Austin. The “No Refusal” program means that if a driver is pulled over for an Austin DWI, they can’t say “no” to a breathalyzer test. If they did say “no,” then Austin police officers could get a warrant for their blood.

Between 9pm Sunday and 5am Monday, 21 Austin DWI arrests were made. News 8’s story noted that of those 21, 12 said “no” to a breathalyzer test or blood sample. So a judge provided a warrant to draw their blood. Also, three out of the 21 people arrested for an Austin DWI had a blood alcohol level of less than .08. Five out of the 21 had a blood alcohol level higher than three times the legal limit, while 10 out of the 21 had a level of two times the limit.

Two people arrested for an Austin DWI that evening had been involved in traffic collisions.

This is yet another example of why it’s just so important to know your rights when it comes to an Austin DWI arrest.  There’s no question that an Austin DWI is very serious. And it’s possible that it can be a scar on your record for the rest of your life.

Austin DWI attorney Kyle Lowe is competent and experienced in dealing with these types of cases and understands what you may be going through if you’ve been arrested for an Austin DWI. If you or a loved one have been charged with an Austin DWI, contact attorney Kyle Lowe for a free case evaluation as soon as possible so that you can find out what steps to take next.

While football fans were done watching the big game and out celebrating — or not, depending on who they were rooting for — the Steelers’ win on Sunday night, Austin Police Department officers were watching for drunk drivers.

From 9pm on Sunday until Monday at 5am, APD’s “No Refusal” policy made it so that drivers could not give “no” for an answer when they were pulled over for a suspected DWI in Austin. This meant, essentially, that if a driver said “no” to a breathalyzer test, Austin police officers would get a warrant for their blood.

Austin DWI blood draws are controversial: many are firmly against them, while others believe they’re a necessary step to keep drunk drivers off Austin streets. Plus, in court Austin DWI blood draws help prove whether a driver was intoxicated.

This isn’t the first time the Austin Police Department has instituted the “No Refusal” policy/Austin DWI blood draws. They’ve done it two times previously.

If you’re pulled over for an Austin DWI, you simply must know your rights.  Provide the Austin DWI officer with your driver’s license and proof of insurance, and be sure not to give any incriminating information. If the officer asks you any incriminating questions, be polite but firm in saying that you respectfully decline to answer any questions until you consult with your Austin DWI attorney, Kyle Lowe.

Austin DWI offenses are very serious, and they can be on your driving record for the rest of your life. If you have an Austin DWI offense, it’s imperative that you hire an experienced, competent Austin DWI attorney like Kyle Lowe to be on your side.

So you’re in Austin, Texas, you’ve been arrested and now you have a DWI on your record. You may have been told that the penalties for that DWI offense are going to stay with you forever. So how can an Austin DWI attorney help you?

First things first: An Austin DWI will in fact be on your record forever. What’s more is that it will have an effect on your insurance rates. However, by hiring the right Austin DWI attorney, those penalties could be wiped away.

A first Austin DWI offense can include the following penalties: