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.

Augie Garrido, coach of the University of Texas at Austin baseball team, has been suspended indefinitely without pay because of his Austin DWI arrest. Once school officials gather more information, they’ll decide what to do in regards to his position at the university.

Garrido was stopped near downtown Austin when he was driving a Porsche Cayenne with the headlights off just before 1AM. Garrido failed a field sobriety test and also admitted to having five glasses of wine and being intoxicated. He had apparently spent the evening at J. Black’s on 6th Street and Eddie V.’s on 5th Street, both in the downtown Austin area. He was booked into the Travis County Jail that night.

The Longhorns’ first baseball game is coming up fast on February 20, when they’ll play the University of Illinois-Chicago. The last time Garrido missed a baseball game was back in 2006 when he was suffering from dehydration symptoms. For now, the Longhorns’ associate head coach and pitching coach will be taking over the team.

Garrido is the highest paid college baseball coach, earning a salary of about $800,000. In 2012, Garrido is expected to be the first college coach to make $1 million or more, according to the Austin American-Statesman. Though he has a five-year contracts that says he’d receive $300,000 per year for each year left on his contract should he be dismissed, this stipulation may not apply if he’s fired for breaking UT’s standard of conduct rules.

Austin DWI Arrests: Know Your Rights

Augie Garrido’s DWI arrest is a great example to us all that you need to know your rights when it comes to Austin DWI arrests. Mr. Garrido admitted to the police officer that he was intoxicated. If you are questioned by a police officer and asked incriminating questions, know your rights. Tell the officer that you respectfully decline to provide any answers until you’re able to consult with your Austin attorney, Kyle Lowe.

Here’s an Austin DWI law update: Cedric Benson charges have been dropped. Grand juries in Travis County have declined to indict Cedric Benson after driving and boating intoxication arrests that happened in Austin this year. Austin residents and Longhorn fans remember Cedric Benson as an All-American running back for the University of Texas at Austin Longhorns in 2004. Soon after, the NFL’s Chicago Bears drafted him — and he got a $17 million signing bonus in 2005.

But earlier this year, Benson was arrested twice on alcohol charges. On May 3, Cedric Benson was arrested for boating while intoxicated. And on June 7, police pulled over Benson for suspicion of drunk driving. The General Manager of the Chicago Bears, after Benson’s second arrest, stated that Benson should be “held accountable for his actions,” and Benson was cut by the team. The Bears had received criticism from the national media because of Cedric Benson’s arrests, so the second arrest was basically the last straw for them.

The Austin-American Statesman interviewed Cedric Benson last week, and Benson noted that there was some cleaning up to do when it came to his public image. But David Escamilla, a Travis County attorney, said that both the boating intoxication arrest and the drunk driving arrest had weaknesses. For instance, there was no field-sobriety test in the boating intoxication incident, and Cedric Benson appeared “very good” on the video for the drunk driving incident.

With the Cedric Benson charges dropped, he’s no doubt relieved and ready to get back out on the football field as soon as possible. But this is a great opportunity for an Austin DWI law update: Cedric Benson’s charges dropped are an example of how beneficial it can be to have a qualified, experienced DWI lawyer on your side. It also shows us that just because someone is arrested for an Austin DWI, it doesn’t mean they’re guilty. But perhaps most importantly is knowing your rights when it comes to Austin DWI arrests. If you are ever asked by a DWI officer, “How much have you had to drink?” remember to respond by saying that you respectfully decline to answer until your Austin DWI lawyer, Kyle Lowe, is present. And keep in mind that one of the most serious crimes an everyday person can be faced with is a DWI, and, still, police officers can make DWI mistakes. A competent Austin DWI lawyer like Kyle Lowe will be able to identify common DWI mistakes and use those mistakes to help your DWI case. If you or a loved one have been charged with a DWI, don’t hesitate to contact Austin DWI lawyer Kyle Lowe to find out what steps should be taken next.

DWI lawyers in Austin, Texas will all agree that less is more when it comes to DWI arrests in Austin.  Since 1998, Austin has had a dedicated DWI enforcement unit whose sole objective is to arrest drunk drivers.  Well trained, and well-versed in the science and law behind DWI offenses, these police officers are skilled at assembling evidence to prosecute you for DWIs in a court of law.  The 4th Amendment, however, protects American citizen’s right to privacy while the 5th Amendment protects American citizens from self-incrimination.  These constitutional rights should serve as your guidepost in the event that you are suspected of violating DWI laws in Austin, Texas.

From the moment that you get out of your car, the DWI enforcement officer will be video and audio recording everything that happens during the arrests.  Do not do anything that you would not want the judge, or your family and friends to see.  Do not say anything that would incriminate you for a DWI violation in Austin.  Do not be rude or stand-offish to the police officer.  Be polite but firm.

Provide the DWI officer with the standard traffic-stop information – driver’s license and proof of insurance – but do not provide him with any incriminating information. If the officer asks you to take any tests, a general rule of thumb is to cooperate and complete the field sobriety tests IF you’ve had 3 alcoholic drinks or less.  In the event you have had more than 3 drinks, simply decline the tests and state that you would like your DWI lawyer in Austin, Texas: Kyle Lowe present.  Also, remember to stay in front of the police camera.  If the DWI police officer asks you to step away from the line of view of the camera, inform him that you would like to stay in the line of sight of the camera so that all of your actions are recorded.  Your DWI lawyer will have a more difficult time defending you if anything takes place off camera, this will also insure that the DWI officer operates according to protocol.  Remember to be polite, but firm.  These are your constitutional rights that you are exercising and these steps will help your DWI lawyer with your case later.

If the DWI officer asks questions like “How much have you had to drink?” simply reply that you respectfully decline to answer without your Austin DWI lawyer, Kyle Lowe present.  Remember that the DWI tests, whether they be field sobriety tests or Breathalyzer tests, are not designed to prove your innocence but to help the DWI officer collect evidence and information to use against you in court.    If you are arrested, and they insist that you take a test, politely decline and request the counsel of your Austin, Texas DWI Lawyer.

Most DWI lawyers in Austin, Texas will tell you that the penalties for a DWI offense will often stay with you for the rest of your life.  While this may be overly dramatic in most cases, the fact of the matter is that a DWI in Austin, Texas will forever be on your record and effect your insurance rates.  With the right DWI lawyer in Austin, Texas these penalities can be mitigated or even wiped away.

So what are the penalties for a DWI in Austin, Texas?

The first DWI offense can result in:

·         72 hours to 180 days in jail
·         Driver’s license suspension for up to 1 year
·         And a fine up to $2,000

The second DWI offense can result in:

* 30 days to 1 year in jail
* Driver’s license suspension for up to 2 years
* And a fine up to $4,000

The third DWI offense can result in:

* 2 to 10 years in the state penitentiary
* Driver’s license suspension for up to 2 years
* And a fine up to $10,000

These steep penalties underscore the inherent danger in driving while intoxicated; however, everyone is entitled to their day in court, and the right Austin, Texas DWI lawyer can help minimize these penalties so that you can have a fresh start, without the black cloud of a DWI in Austin, Texas hanging over your head.  Everyone makes mistakes, whether it be the driver or the police.

Here are some things that you should consider when determining who the right DWI lawyer in Austin, Texas is for you.  First, look for a DWI lawyer with experience handling DWI cases in Austin, Texas.  Kyle Lowe has been a DWI lawyer in Austin, Texas since 1998.  Second, be sure that your DWI attorney is willing to be completely accessible to his clients.  Kyle Lowe has earned a reputation for being zealous in the defense of his clients, making himself available 24-hours a day as your DWI lawyer in Austin, Texas.  Finally, if your DWI offense occurred outside of Austin, Texas make sure that your DWI lawyer has experience in the county where your DWI offense took place.  Austin, Texas DWI lawyer, Kyle Lowe, has experience in Travis, Williamson, Hays, Caldwell, Bell, McClennan, Burnet, Llano, Comal, Blanco, Gillespie, Guadalupe, Webb, and Cameron counties.

The DWI laws in Austin, Texas are some of the strictest, and carry some of the most significant penalties in the United States.  By law, a person over the age of 21 with a blood/alcohol concentration greater than .08% is presumed intoxicated; however, one can still be convicted of a DWI with a blood/alcohol concentration less than .08%.  Recent studies by the University of Michigan Health Care System have shown that significant sleep deprivation can result in a level of impairment equivalent to having blood/alcohol concentration of greater than .05%, enough for a police officer to potentially make the argument that one was driving while impaired and subject to the same DWI penalties as if you had been drinking.  One does not even have to be operating an automobile to be charged with a DWI.  Driving a boat, plane, or even a jet ski while intoxicated is considered a DWI violation.  Managing a bicycle intoxicated could even result in a DWI.

Many in Austin, Texas confuse the DWI with the DUI.  Since Texas has a “zero tolerance” policy for consumption by a minor, DUIs are typically issued to minor’s who have any trace of alcohol on their breath.  For example, should a 20 year old driver get pulled over with a .03% blood-alcohol concentration, he or she can be charged with a DUI.  This does not preempt the minor from being charged with a DWI in the event that their blood/alcohol concentration is greater than the legal limit (.08%).

Because of the serious nature of DWI related offenses it is imparative to find the right Austin, Texas DWI lawyer.  A DWI offense can be a scar on your driving record for life so be sure that you have a competent DWI lawyer in Austin, Texas like Kyle Lowe.

In the legal community, the act of driving under the influence takes many names:  DWI (“driving while intoxicated” or “driving while impaired”), DUI (“driving under the influence”),  OVI (“operating a vehicle under the influence”), or an OWI (“operating while intoxicated”)…just to name a few.  Each state calls it something different.  In Texas, they are referred to as DWIs. In Florida and California, they are DUIs.  No matter the name, however, a DWI is one of the most serious crimes that an everyday person may be faced with.  The purpose of this page is to share with you some basic information about the DWI laws in Austin, Texas.  Should you or a loved one be charged with a DWI, contact a competent and experienced DWI lawyer like Austin DWI lawyer Kyle Lowe.