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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...



Archive for the ‘Austin DWI Laws’ Category

Austin DWI Law Update: Cedric Benson Charges Dropped

October 1st, 2008 by Kyle Lowe

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.

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.

DWI – DUI Penalties in Austin, Texas

July 29th, 2008 by Kyle Lowe

Most DWI lawyers in Austin, Texas will tell you that the penalties for a DWI offense will often stay with you for the rest of your life.  While this may be overly dramatic in most cases, the fact of the matter is that a DWI in Austin, Texas will forever be on your record and effect your insurance rates.  With the right DWI lawyer in Austin, Texas these penalities can be mitigated or even wiped away.

So what are the penalties for a DWI in Austin, Texas?

The first DWI offense can result in:

·         72 hours to 180 days in jail
·         Driver’s license suspension for up to 1 year
·         And a fine up to $2,000

The second DWI offense can result in:

* 30 days to 1 year in jail
* Driver’s license suspension for up to 2 years
* And a fine up to $4,000

The third DWI offense can result in:

* 2 to 10 years in the state penitentiary
* Driver’s license suspension for up to 2 years
* And a fine up to $10,000

These steep penalties underscore the inherent danger in driving while intoxicated; however, everyone is entitled to their day in court, and the right Austin, Texas DWI lawyer can help minimize these penalties so that you can have a fresh start, without the black cloud of a DWI in Austin, Texas hanging over your head.  Everyone makes mistakes, whether it be the driver or the police.

Here are some things that you should consider when determining who the right DWI lawyer in Austin, Texas is for you.  First, look for a DWI lawyer with experience handling DWI cases in Austin, Texas.  Kyle Lowe has been a DWI lawyer in Austin, Texas since 1998.  Second, be sure that your DWI attorney is willing to be completely accessible to his clients.  Kyle Lowe has earned a reputation for being zealous in the defense of his clients, making himself available 24-hours a day as your DWI lawyer in Austin, Texas.  Finally, if your DWI offense occurred outside of Austin, Texas make sure that your DWI lawyer has experience in the county where your DWI offense took place.  Austin, Texas DWI lawyer, Kyle Lowe, has experience in Travis, Williamson, Hays, Caldwell, Bell, McClennan, Burnet, Llano, Comal, Blanco, Gillespie, Guadalupe, Webb, and Cameron counties.