Iowa DUI Court Process

Many steps occur following an arrest for an OWI offense in Iowa. The information regarding the criminal court process is listed below. For more information on the civil administrative process, click on the Iowa Driving tab.

Important events in an Iowa OWI case

ARRAIGNMENT - After your Iowa OWI arrest, your first court hearing following your arrest for OWI in Iowa is called the Arraignment. At this hearing, you will go to court and the judge will formally explain the charges against you and ask you to enter a plea. If you plead Guilty, the judge will impose a sentence. If you plead Not Guilty, your case will be set for pretrial conference and trial. Other issues such as bond/bail and the appointment of an attorney may also be arranged at this time. In Iowa, it is possible to sometimes make a written arraignment instead of going to court before a judge. Consult with an attorney for more information regarding the written arraignment option.

NOTE: It is highly encouraged that you at least consult with an Iowa OWI attorney prior to your arraignment so that you are fully informed of your options prior to entering a plea. If you hire an attorney to represent you, he/she will have an opportunity to properly advise you at the arraignment as well as each subsequent stage of your case.

PRETRIAL CONFERENCE - In Iowa OWI cases, he purpose of the pretrial conference hearing is to go before the judge to inform him/her on the status of your case. Issues with discovery and scheduling may also be dealt with. The pretrial conference is also a chance for you and/or your attorney to meet with the prosecutor regarding possible plea bargains that may be available. If a plea agreement is reached at or prior to this hearing, the judge will enter it on the record. A sentencing hearing (see below) may be ordered. If no plea arrangement is made, the judge will set your case for trial.

MOTION HEARINGS - If your Iowa OWI case has been set for trial, your attorney will likely have defense motions to file that attempt to suppress certain evidence. Once a defense motion has been filed, a hearing will be held. At the motion hearing, your attorney may call witnesses and cross examine the police officers or state witnesses involved in your case. Expert testimony may also be heard. Examples of motions include challenges to the legality of your stop and motions to suppress chemical test results.

TRIAL - There are two possible types of trials in Iowa DUI cases - Jury trials and Bench trials. In Jury trials, a judge presides over the case to determine the issues of law, while a jury will determine the issues of fact. In a Bench trial, a judge will hear the case and will act as both judge and jury, determining issues of law as well as issues of fact. Typically, Bench trials are more desirable in cases involving complex legal arguments that would be too confusing for a jury to understand. Whether you will have a Bench trail or a Jury trial is a strategic decision that should be discussed with your Iowa OWI attorney. If the outcome of a trial (whether Bench or Jury) is a Not Guilty verdict, the case and all charges will be dismissed. If the outcome is a Guilty verdict, a sentencing hearing will be held.

SENTENCING HEARING - At an Iowa OWI Sentencing Hearing, the judge will determine what Iowa OWI sentence should be imposed. Most sentences involve jail time, fines, license suspensions, and alternative punishments such as community service and alcohol/drug abuse treatment. In some instances, the judge may suspend a sentence and offer the defendant probation. Mandatory minimum penalties cannot typically be waived, however. Consult the Iowa Penalties tab for more information on the criminal penalties that may be imposed in an Iowa OWI case.

APPEAL - Following a guilty verdict in an Iowa OWI trial, the defendant will have a right to appeal to higher courts for review. Request for an appeal must be made timely, however, or the right for review will be considered "waived."

For more information on the criminal court process, contact an experienced Iowa OWI defense attorney in your area.