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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...



Posts Tagged ‘Austin DWI Laws’

Intoxication hit-and-run law amended

March 25th, 2013 by Kyle Lowe

After heart-wrenching testimony about two recent alcohol related hit-and-run deaths, the Texas Senate Criminal Justice Committee proposed new legislation.  According to an article in the Austin American Statesman, the new law would close  a loophole in current state law that allows intoxicated drivers to escape with less punishment if they leave the scene of a fatal accident.  Currently a third-degree felony, Senate Bill 275 would make it a second-degree felony if a driver fails to stop and render aid in an accident involving death.  Senator Kirk Watson, D-Austin, who authored the new bill, stated that because hit-and-run drivers are often intoxicated, they know “to leave the scene to avoid prosecution for intoxication manslaughter” which currently carries a potential prison sentence of 2-20 years. Failure to stop and render aid alone, whether or not a death is involved, is currently punishable by 2-10 years.  Watson pointed out that drivers who flee the scenes of alcohol related collisions know that police officers will be unable to conduct field sobriety tests (including blood draws) that could immediately garner an intoxication related charge.  Watson further stated that hit-and-run related fatalities are rising in Texas.  Of 393 hit-and-run collisions investigated by the Austin Police Department in 2012, 12 involved deaths.  Houston had 36 deaths and Dallas had 12.  The Criminal Justice Committee unanimously agreed that the the increasing numbers of Texas hit-and-run incidents warrants a stiffer penalty.  They approved Watson’s bill and sent it to the full Senate for debate and passage.

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.