Posts Tagged ‘austin dwi’

Kyle Lowe Comments on Eight Time DWI Offender

Saturday, April 11th, 2009

Sixteen Blood Draws in Austin PD’s Latest ‘No Refusal’ Enforcement

Friday, March 27th, 2009

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.

SXSW Attendees: Don’t Get an Austin DWI

Thursday, March 19th, 2009

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.

Man Arrested for Austin DWI, Accused of Hitting Cyclist

Wednesday, March 4th, 2009

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.

21 Austin DWI Arrests Made on Super Bowl Sunday

Thursday, February 12th, 2009

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.

Austin DWI Law Update: Cedric Benson Charges Dropped

Wednesday, October 1st, 2008

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.

Police Officers Can Make DWI Mistakes

Tuesday, July 29th, 2008

With over 4,000 Austin DWI arrests each year, police officers are bound to make mistakes every now and then.  Experienced DWI lawyers have the knowledge and skills to identify these common mistakes and use them to help you in your DWI case.  Most lawyers can tell you about some of these common DWI mistakes.

First, DWI officers will commonly infer that erratic driving behavior is directly correlated to alcohol consumption.  However, this is not always the case.  In some instances a DWI lawyer can show that erratic driving may have been from reaching for a cell phone, or iPod, rather than intoxication.  Similarly, DWI lawyers can sometimes prove that the smell of alcohol on a defendant is not from the consumption of alcoholic beverages, but rather from something benign like mouthwash or from a spilled beverage.  Mistakes like these may give the DWI officer faulty probable cause to arrest you for a DWI.  Remember, that if you are being falsely accused, the field and breath tests are not designed to prove your innocence. Taking these tests will not un-arrest you, but rather go towards showing that you are guilty of a DWI in Austin, Texas.

Another common mistake by DWI officers is improper administration of the Standardized Field Sobriety Test (SFST).  An experienced DWI lawyer in Austin is well versed in the proper standards and techniques for administering the SFST test as any deviation from these standards could invalidate the results of the test and help your case.  For example, there are a surprising number of individuals who cannot pass these tests without ANY alcohol in their systems.  As such, DWI officers are required to identify and disqualify persons who cannot physically pass the SFST. Additionally, most DWI lawyers in Austin will tell you that proper administration of the SFST test requires that the officer remove all distractions such as flashing lights, loose gravel or debris on the road, or environmental factors like wind gusts or wet conditions.

There are many other SFST standard practices that good DWI lawyers understand.  Improper instructions, during both the instructional or administrative phase, as outlined by the NHTSA manual, can compromise the validity of a SFST test.  Further more, administering the SFST tests in the improper order, as designated by the NHTSA, can compromise the validity and strengthen your position to mitigate or avoid penalties associated with your DWI arrest in Austin, Texas.

Remember, when it comes to DWI arrests in Austin, know your rights.  If you are asked an incriminating question, politely inform the DWI officer that you respectfully decline to answer without consultation from your attorney in Austin, Texas: Kyle Lowe.

Know Your Rights In DWI Arrests

Tuesday, July 29th, 2008

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.

Free Initial Consultation - Kyle will initially discuss your criminal defense case with you at no charge. He prides himself on personal attention to you.

512-750-5693

Criminal Defense Attorney

Drinking, Driving, Going To Jail

phone 512-750-5693 | fax 512-469-7640 |  The Law Office of Kyle T. Lowe, 800 Rio Grande Austin, TX 78701

The Law Office of Kyle T. Lowe is proud to serve the citizens of Austin and Central Texas including Travis County, Williamson County, Hays County, Caldwell County, Bell County, McClennan County, Burnet County, Llano County, Comal County, Bastrop County, Blanco County, Gillespie County.  Kyle has and continues to represent individuals all over the State of Texas but those listed are those in which he most frequents.
 

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