Austin DWI Attorney, Kyle Lowe, secured his third Travis County DWI acquittal in a row.  Moments before jury selection in County Court at Law #8, Honorable Carlos Barerra’s courtroom, a Travis County prosecutor offered a reduction of charges to Mr. Lowe’s client.  The offer on the table was to plea to Obstruction of a Passageway; the client rejected the offer.  Following jury selection, two Austin police officers took the witness stand and alleged the following indicators of intoxication: that Mr. Lowe’s client failed to signal a lane change on Congress Ave. at 12:15 a.m.; that said client admitted to drinking 1-2 beers; that said client engaged in excessive movement and had slurred, thick-tongued speech during field sobriety testing, and that he demonstrated 4 of 6 indicators on the HGN (eye test).  Additional observations during testing were: that said client swayed and used his arms to balance himself on the one-leg stand, that the client failed to touch heel to toe during the walk and turn portion of the test, stopped while walking,  took the wrong number of steps, and then awkwardly turned around.  During the final test, one of the officers testified that said client was to stand with his feet together, close his eyes, tilt his head backwards, and estimate the passage of 30 seconds.  The testimony was that the client was off by 10 seconds.  At the conclusion of the field testing, said client was arrested for DWI, whereupon he refused the breath test and claimed on video that he did not understand the statutory warning the APD officer read to him prior to the request for a breath specimen.  Upon cross-examination, both APD officers revealed that the HGN eye test must be performed exactly as the NHTSA (National Highway Traffic Safety Administration) requires and that further, since Mr. Lowe’s client was facing the lights of oncoming traffic, his eyes could have shown false indicators of intoxication due to the strobe effect of passing headlights.  After further cross-examination, the APD officers also acknowledged that said client’s mistakes on the walk and turn test were not overly significant and that Mr. Lowe’s client held his foot up for 31 seconds, a time which exceeded the maximum due to the client’s slow counting.  Mr. Lowe’s client did not take the stand; the jury deliberated for an hour and a half and returned a verdict of Not Guilty of DWI.

Chief David Board has resigned his position with the Bastrop Police Department after being arrested for DWI in Austin, Texas.  The 46 year-old was pulled over on August 16 and cited for misdemeanor DWI.  Reportedly, he was seen swerving in and out of lanes and making illegal turns in the 3500 block of Ed Bluestein.  Officers observed a strong odor of alcohol and bloodshot eyes.  Court records show Board was previously arrested for DWI in 1984 before he became a police officer.  Board had been police chief in Bastrop since 2002.  He will be allowed to remain on leave until October 31, 2010 in order to receive full retirement benefits.  Assistant Chief Matt Wagner will lead the department until a permanent chief is named.

If you have been arrested for a DWI in Austin or the surrounding cities, here are ten commonly made mistakes you need to avoid according to Biederman and Burleson, P.L.L.C.;

1. Not taking the matter seriously.  This is a charge that can follow you for the rest of your life if you are convicted.  The additional cost of auto insurance alone could cost you thousands of dollars.
2. Not hiring an experienced DWI attorney.  The law is extremely complex and you need competent representation.  You must raise the right defenses at the right time or you will lose them.  Facts will disappear, memories fade and witnesses vanish.  A winnable case can quickly become a loser.
3. Hiring a DWI attorney based on the amount of the fee alone.  The State of Texas has almost unlimited resources when it comes to your case.  You need to hire an experienced DWI attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution.
4. Not complying with the Driver’s License law.  You could lose your right to drive.
5. Driving after your license has been taken away.
6. Not taking full advantage of your constitutional rights.
7. Taking the prosecutor’s first offer.  The first offer is not a bargain; its just to get rid of your case with the least amount of work.  Very few cases are dismissed or reduced to a non-alcohol charge at this stage.  You do not give the judge an opportunity to rule on constitutional challenges.  You give up your right to raise these issues and make the State prove it’s case.
8. Failing to appear in Court.  The Court will issue a bench warrant for your arrest and revoke any bond.  The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.
9. Talking to anyone but an experienced DWI attorney about your case.  Anything you say to anyone else can be used against you.
10. Thinking that talking to a numerous amount of attorneys will help you handle your case yourself.  You need to hire a DWI lawyer and have him handle your case in the courtroom.