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.

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:

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.