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.

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.

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.

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.

While 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.

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:

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.

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.