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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 ‘no refusal’

Increased demand for DWI blood testing cited as one cause of Austin Crime Lab backlog

March 8th, 2013 by Kyle Lowe

The Austin Police Crime Lab, started nine years ago in response to severe delays in DPS forensics analysis turnaround time, is now experiencing it’s own serious backlog.  The reasons?  According to an article in the Austin American Statesman, an increased demand for blood analysis in drunk driving cases, an increase in the collection of forensic evidence in general, and staffing that is the same today as it was nine years ago.  The chronic delays caused Travis County’s 13 criminal court judges and both the District and County Attorneys to request immediate funding from the City Council to hire three new forensic chemists.  It’s considered a band-aid, but the City Council responded with $181,000 for three new hires and lab equipment to ride out the rest of the budget year.  The in-house testing of blood, DNA, fingerprints, ballistic and narcotic samples was aimed at shortening the turnaround time experienced by sending everything to the Department of Public Safety.  Instead, it is now causing the delay of criminal cases.  Since 2008, forensic samples sent to the crime lab has increased 25%.  Astonishingly, the number of blood samples sent to the crime lab over the same period of time rose 355%.  The increases align with a greater push by the Austin Police Department on DWI cases as well as “no refusal”  initiatives which allow officers to obtain blood search warrants on suspected drunk drivers.  The average wait time for blood testing is now 200 days, six times longer than it was three years ago.  The new staffing should ease the current backlog, however, forensic testing is an extremely careful process that takes time.  The hope is that the increased staffing will help ease the bottleneck of pending criminal cases.

Sixteen Blood Draws in Austin PD’s Latest ‘No Refusal’ Enforcement

March 27th, 2009 by Kyle Lowe

Last week we warned that those in attendance for SXSW should be careful to avoid getting an Austin DWI, as there was no doubt police would be on high alert. Turns out 25 people were arrested between 9pm Friday and 5am Saturday, according to KVUE News.

It was the latest “No Refusal” enforcement from the Austin Police Department, the program where if a driver is pulled over for an Austin DWI, they may not decline to take a breathalyzer test. And if the driver says “no,” the Austin police officer can get a warrant for their blood. The last “No Refusal” enforcement happened on Super Bowl Sunday, when 21 Austin DWI arrests were made.

According to KVUE, nine out of the 25 people arrested for an Austin DWI last weekend gave a breath sample, and the remaining 16 had search warrants issued on them so that APD could draw blood samples. Since the average number of Austin DWI blood draws on other “No Refusal” nights is 25, police noted that 16 was relatively low.

Don’t Get an Austin DWI

An Austin DWI can be a permanent mark on your record — it’s very, very serious. If you’re ever arrested for an Austin DWI, be sure you know your rights. You’ll want to hire an Austin DWI attorney who has a proven record of fighting for clients’ rights. Getting an experienced, knowledgeable Austin DWI attorney like Kyle Lowe on your side can be beneficial, since it’s possible that police officers can make mistakes when it comes to DWI arrests. If you’ve been arrested for Austin DWI, contact attorney Kyle Lowe today for a free case evaluation.

Austin DWI Update: APD’s ‘No Refusal’ Policy

February 4th, 2009 by Kyle Lowe

While football fans were done watching the big game and out celebrating — or not, depending on who they were rooting for — the Steelers’ win on Sunday night, Austin Police Department officers were watching for drunk drivers.

From 9pm on Sunday until Monday at 5am, APD’s “No Refusal” policy made it so that drivers could not give “no” for an answer when they were pulled over for a suspected DWI in Austin. This meant, essentially, that if a driver said “no” to a breathalyzer test, Austin police officers would get a warrant for their blood.

Austin DWI blood draws are controversial: many are firmly against them, while others believe they’re a necessary step to keep drunk drivers off Austin streets. Plus, in court Austin DWI blood draws help prove whether a driver was intoxicated.

This isn’t the first time the Austin Police Department has instituted the “No Refusal” policy/Austin DWI blood draws. They’ve done it two times previously.

If you’re pulled over for an Austin DWI, you simply must know your rights.  Provide the Austin DWI officer with your driver’s license and proof of insurance, and be sure not to give any incriminating information. If the officer asks you any incriminating questions, be polite but firm in saying that you respectfully decline to answer any questions until you consult with your Austin DWI attorney, Kyle Lowe.

Austin DWI offenses are very serious, and they can be on your driving record for the rest of your life. If you have an Austin DWI offense, it’s imperative that you hire an experienced, competent Austin DWI attorney like Kyle Lowe to be on your side.