A drunk driving arrest can be a very humbling experience. If you are facing OWI charges in Iowa you are understandably concerned about what it may mean for your future.
But no matter what happened, whether you were treated unfairly and wrongfully charged, or if you made a mistake that you want to get past quickly, the right lawyer can make a tremendous difference.
In Iowa the drunk driving offense is referred to as OWI or Operating While Intoxicated. This is a fairly serious offense with serious penalties, even for a first time offender.
If this is your first OWI charge you were likely caught you off guard. You may have gone out for drinks with friends after work or had a few during the game. You probably didn’t even realize you had drunk enough to be considered intoxicated.
However, when you saw those blue flashing lights in your rearview, it was no doubt a sobering experience.
Now you are facing criminal charges in the Iowa court system. Particularly for someone who has never been arrested and charged with a crime, the experience can be frightening.
As with any criminal case, as defense attorney’s job is to ensure you, as the defendant, are treated fairly under the system, that all of your rights are protected. In addition, it would be my job as your attorney to work diligently to ensure we get the best results possible in court.
Iowa OWI Laws
Under Iowa statute, you can be charged with OWI if you:
- Have a blood alcohol content of .08% or more, or
- Are found to have any controlled substance in their body during the operation of a vehicle.
Refusal to Submit to Breath Test
When you are pulled over on suspicion of OWI and the police officer has reason to believe you have been drinking, he or she will likely want to give you a breathalyzer test. If you refuse, you can face additional penalties under Iowa law.
In most cases the officer can take your license at the time of refusal, issuing a temporary 10 day license in its place. This serves as notification that within 10 days, you will lose your driving privilege.
For your first offense of refusal to test, you will lose your license for a period of one year. If you have previously faced revocation for a refusal, you will lose your license for two years.
Ref: IA. St. §321J.9
Iowa OWI Penalties
The penalties you face for an OWI depend on if you have any prior convictions. If this is your first OWI offense, you will be looking at the following potential sanctions:
- A minimum of 48 hours in jail,
- Fines reaching $1,250,
- Driver’s license revocation for at least 180 days and up to one year, and
- An alcohol and substance abuse evaluation and potential treatment.
Iowa Temporary Restricted License
For your first time OWI, you may be eligible for a restricted license following 30 days of revocation. If the judge determines you can have a restricted license for driving to work and/or school, you will be required to have an ignition interlock device installed on your car.
Ignition Interlock Device
Used in the instance of restricted licenses, ignition interlock devices are mechanical devices installed in your vehicle to ensure you are not driving after drinking. They are similar to a built in breathalyzer, requiring you to blow into the machine before being able to start your car.
Ref: IA. St. §321J.2
Free Consultation on Iowa OWI Charges
When exposed to the system for the first time, you need an advocate on your side leading the way. Having handled multiple OWI cases in the Iowa courts, our attorneys can absolutely help get your through this.
Because each case is slightly different, we need to hear from you. Call today to discuss the specifics of your case. Dominik Hasek Womens Jersey