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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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Posts Tagged ‘lawyer’

Police Officers Can Make DWI Mistakes

July 29th, 2008 by Kyle Lowe

With over 4,000 Austin DWI arrests each year, police officers are bound to make mistakes every now and then.  Experienced DWI lawyers have the knowledge and skills to identify these common mistakes and use them to help you in your DWI case.  Most lawyers can tell you about some of these common DWI mistakes.

First, DWI officers will commonly infer that erratic driving behavior is directly correlated to alcohol consumption.  However, this is not always the case.  In some instances a DWI lawyer can show that erratic driving may have been from reaching for a cell phone, or iPod, rather than intoxication.  Similarly, DWI lawyers can sometimes prove that the smell of alcohol on a defendant is not from the consumption of alcoholic beverages, but rather from something benign like mouthwash or from a spilled beverage.  Mistakes like these may give the DWI officer faulty probable cause to arrest you for a DWI.  Remember, that if you are being falsely accused, the field and breath tests are not designed to prove your innocence. Taking these tests will not un-arrest you, but rather go towards showing that you are guilty of a DWI in Austin, Texas.

Another common mistake by DWI officers is improper administration of the Standardized Field Sobriety Test (SFST).  An experienced DWI lawyer in Austin is well versed in the proper standards and techniques for administering the SFST test as any deviation from these standards could invalidate the results of the test and help your case.  For example, there are a surprising number of individuals who cannot pass these tests without ANY alcohol in their systems.  As such, DWI officers are required to identify and disqualify persons who cannot physically pass the SFST. Additionally, most DWI lawyers in Austin will tell you that proper administration of the SFST test requires that the officer remove all distractions such as flashing lights, loose gravel or debris on the road, or environmental factors like wind gusts or wet conditions.

There are many other SFST standard practices that good DWI lawyers understand.  Improper instructions, during both the instructional or administrative phase, as outlined by the NHTSA manual, can compromise the validity of a SFST test.  Further more, administering the SFST tests in the improper order, as designated by the NHTSA, can compromise the validity and strengthen your position to mitigate or avoid penalties associated with your DWI arrest in Austin, Texas.

Remember, when it comes to DWI arrests in Austin, know your rights.  If you are asked an incriminating question, politely inform the DWI officer that you respectfully decline to answer without consultation from your attorney in Austin, Texas: Kyle Lowe.

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.

The Many Forms of the DWI in Austin

July 27th, 2008 by Kyle Lowe

In the legal community, the act of driving under the influence takes many names:  DWI (“driving while intoxicated” or “driving while impaired”), DUI (“driving under the influence”),  OVI (“operating a vehicle under the influence”), or an OWI (“operating while intoxicated”)…just to name a few.  Each state calls it something different.  In Texas, they are referred to as DWIs. In Florida and California, they are DUIs.  No matter the name, however, a DWI is one of the most serious crimes that an everyday person may be faced with.  The purpose of this page is to share with you some basic information about the DWI laws in Austin, Texas.  Should you or a loved one be charged with a DWI, contact a competent and experienced DWI lawyer like Austin DWI lawyer Kyle Lowe.