Need Iowa DUI information and help?
An experienced Iowa OWI Lawyer can make the difference for you
After an arrest for drunk driving in Iowa, you have every right to be scared and concerned about the serious criminal allegation that you must now go to court and answer to. You don't want to be labeled a criminal, and you really want to avoid going to jail and having a license suspension. You also don't want the embarrassment and hassle of having an ignition interlock breath test machine in your vehicle.
You are probably worried about how your case will play out, and for how long and to what extent it will affect your family and your future. If you are like most people who face an Iowa DUI arrest and prosecution, you want advice you can rely on, and an advocate whom you can trust to have your back and always protect your best interests. You are probably a bit intimidated and overwhelmed by the complexity of the court process, and realize that you need professional help.
You have every right to be concerned, because the criminal charge that you face can be life-altering. Do your research early on in your case so you will make the best possible decisions, starting with the most important one of all: which Iowa DUI lawyer you will hire to defend you.
Iowa DUI Law Is Decided Locally
The basic law and rules of criminal procedure are the same throughout Iowa, but each county handles cases a bit differently. Each local area has its own policies, procedures and customs. For this reason, it is extremely important that you get information and help from an experienced Iowa DUI lawyer who regularly appears and practices in the county where you were arrested.
Select the county of your arrest to get local information and find help:
Iowa DUI Laws
Under Iowa OWI Law, it is illegal to operate a vehicle while intoxicated or impaired by alcohol or drugs. That is where the "OWI" comes from (operating while intoxicated).
The legal limit for alcohol in Iowa is 0.08 percent alcohol concentration. That means that even if the state can't prove by independent evidence that you were intoxicated, if your alcohol level is proven to be that level or higher, then there is a presumption under the law that you were intoxicated. The legal limit in Iowa for minors under the age of 21 is 0.02.
In Iowa, the acronyms DUI, OWI, DWI, OUI and others all refer to the same thing. Under Iowa's impaired driving statutes, no matter how you refer to it, drunk driving is a crime that can result in a criminal record.
Iowa DUI Punishments
You don't have to spend long looking at the Iowa DUI penalties to realize that they are very harsh. Even a first offense conviction results an a minimum of 48 hours in jail, and that's with no record at all. A second conviction carries a minimum of seven days, and a third a minimum of 30 days and up to 5 years in jail.
In addition to jail time in every case, there are also steep fines and license suspensions.
Deferred judgments are available in some cases, but even deferred judgments are not guaranteed to get you out of the punishments, and will subject you to alcohol or drug abuse screening and treatment if warranted.
Iowa DUI License Suspensions and Interlock Devices
In addition to the jail time, the criminal record, the treatment and other sanctions, Iowa DUI charges also come with separate civil license suspensions. Under Iowa implied consent law, you are required to take a chemical test, and there are license suspension sanctions for refusing. There are also administrative license suspensions in Iowa for taking and then failing a DUI chemical test. These suspensions can be successfully challenged at a hearing, and even if you lose your license you may be able to get a temporary restricted license.
| WARNING: You only have 10 days to request a hearing to challenge your license suspension. For this reason, it is very important that you contact an attorney as soon as possible after your arrest. |
In addition to the potential license suspensions, an Iowa DUI conviction may also cause you to have to have an ignition interlock device on your vehicle to legally drive after your license is reinstated, or as a condition of your temporary restricted license. When you hire your defense lawyer, make sure that he or she is well versed in the civil license aspects of Iowa drunk driving cases.
Your Iowa DUI case may not be as bad as it seems
There is a myth that Iowa drunk driving charges will always result in conviction, and that they are nearly impossible to beat. The reality is that most Iowa OWI cases an be won, reduced or mitigated. You don't have to simply roll over and take your medicine and accept jail time and a criminal record.
Iowa field sobriety testing and chemical evidence is susceptible to many known sources of error, and is far from perfect or foolproof. If you don't have a lawyer who knows what to look for investigating your case and examining the evidence against you, you may not ever know if there was something wrong with the case that could have spared you the indignity and agony of a conviction.
Evidence may be missing or contaminated, or a chain of custody could be compromised. Flaws in breath or blood testing procedures or equipment could be discovered by a diligent attorney investigating your case. Essential witnesses such as scientists and police officers can be shown to be less than credible, or might be unable to testify against you for any of several reasons. A good Iowa defense lawyer will be aware of issues and weaknesses in your case that you might never even think of, and will make sure that your rights to challenge the evidence are preserved by making the correct requests at the right time.
You owe it to yourself to make a call and talk with an experienced Iowa DUI defense lawyer to see whether you have a case, and to discover your options. You might hesitate because you think that a lawyer will be expensive. In reality, you can't afford not to have an attorney at least review your case to see if there is something wrong with it (most attorneys offer a free initial consultation). There is too much at stake to bury your head in the sand and hope it will just go away by itself. It won't. The sooner you acknowledge that you need help and talk with a professional, the better off you will be in the long run. |