Posts Tagged ‘dwi lawyer’
Austin DWI Update: APD’s ‘No Refusal’ Policy
Wednesday, February 4th, 2009While 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.
Austin DWI Law Update: Cedric Benson Charges Dropped
Wednesday, October 1st, 2008Here’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.
Know Your Rights In DWI Arrests
Tuesday, July 29th, 2008DWI 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.