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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 ‘blood alcohol level’

House Rep. Naomi Gonzalez charged with DWI in Austin

March 15th, 2013 by Kyle Lowe

It can happen to anyone.  House Representative Naomi Gonzalez, D-El Paso, was arrested and charged with DWI in Austin early Thursday morning after she crashed her BMW into a Fiat that subsequently hit a bicyclist.  According to an article in the Austin American Statesman, Gonzalez was traveling at about 50 mph down S. Congress near the Barton Springs intersection when she rear-ended the Fiat.  Gonzalez, the Fiat passenger and the cyclist were all taken to the hospital and treated for minor injuries.  By all accounts, Naomi Gonzalez is considered a rising star in the Texas Legislature.  The 34-year-old attorney was born and raised in El Paso and was named Freshman of the Year by the Mexican-American Legislative Caucus in 2011.  She currently sits as the vice chairwoman of the Human Services Committee and is also a member of the tax-writing Ways and Means Committee.  Her DWI arrest affidavit indicated a blood alcohol level of 0.164–more than twice the legal limit.  Reportedly, Gonzalez told APD officers that she’d only had two drinks between 12 and 1am while visiting the W Hotel in downtown Austin.  Officers observed during their interview that Gonzalez smelled of alcohol and her eyes were bloodshot and glassy.  Officers also reported that, “She cried about how she had worked so hard to get where she was.”  The current legislative session coupled with the city’s ten day SXSW event has downtown Austin bustling.  EMS released information that they had responded to 33 incidents in a 12 hour period involving crashes, traumatic injuries and alcohol related incidents.

Austin DWI Laws

July 27th, 2008 by 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.