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Kyle Lowe, Criminal Defense Attorney

Kyle Lowe Criminal Defense/DWI Attorney

Licensed to practice law since 1993 in New Mexico, and since 1997 in Texas, Kyle Lowe has been trying cases for 16 years. His only focus is Criminal Law. Beginning his career as an Assistant District Attorney in New Mexico, Kyle quickly worked his way up to Deputy District Attorney and became the designated DWI Prosecutor for the office.

 

In his 5 years as a prosecutor Kyle tried more than 60 cases to juries to include the first State prosecuted wiretap conspiracy case in New Mexico history...

 

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Know Your Rights In DWI Arrests

July 29th, 2008 by Kyle Lowe

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.

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