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.

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.