Des Moines DUI - Iowa OWI Defense Lawyers

What can a DUI Lawyer do for me?

A DUI attorney can:
Meet you at the police station after your arrest and advise you about whether you should take the Datamaster test or not
Offer you a free initial consultation so that you can determine whether you want to establish an attorney-client relationship
Explain Iowa’s OWI law
Help you find a substance abuse evaluator and alcohol abuse treatment if necessary
Help you set up and prepare for a DOT hearing if your license hasn’t already been revoked
Explain what penalties you could be facing if convicted and what your options are for jury trial or plea bargaining
Offer legal advice about what to do next
Evaluate whether law enforcement performed a legal stop
Check whether it was legal for officers to stop you to begin with.
Look for defects in the State’s evidence and failures in police procedures.
Review the DataMaster’s calibration and certification records.
Review how field sobriety tests were administered.
Investigate whether officers properly informed you of your rights.
Review whether your rights to call lawyers and family members were respected.
Review whether you were properly informed of what would happen if you chose to take the Breathalyzer and failed and what would happen if you refused.
Check whether your right to independent testing was observed.
Ensure that your prior convictions in other states aren’t counted against you as prior DUI convictions unless the State proves that those were substantially similar proceedings.
Guide you through DOT license revocation hearings.
Help you get your license revocation rescinded if the state doesn’t comply with time restrictions they have regarding properly-submitted requests for hearings and reviews.

What is a deferred judgment for OWI?

In a deferred judgment, you plead guilty to the offense of . You are placed on probation. As long as you successfully complete probation, the offense will be expunged from your record. If you take a deferred judgment on an OWI, you will face civil penalties of $1250 instead of fines for the violation.

You aren’t eligible for a deferred judgment if you have a blood alcohol breath test of .15 or more, if you have a previous DUI conviction or deferred in any state,

What's the difference between DUI and OWI?

Drunk driving, driving while impaired, , driving under the influence, etc., are all terms that various states use to describe the crime of operating a while you are drunk, under the influence of drugs or alcohol, or have a blood alcohol concentration that exceeds the limit.

In Iowa, the limit is .08 for adults and .02 for anyone under 21.

DUI, , and OWI are all essentially the same thing, but in Iowa, your charge will be called “.”

What kind of criminal defense attorney do I need?

Any licensed in Iowa can give you . Some lawyers specialize in and related . You might find a with a who handles . It shouldn’t be difficult at all to find an available , but if you can’t find the you’re looking for, you can check a . Look for an office near you that offers for .

What will happen?

After you are stopped, the police officer(s) talking to you will probably ask you to take a PBT (preliminary breath test) and/or FSTs (standardized field .) After you take these or refuse them, you will probably be arrested and taken to either the police station, the sheriff’s office, or the county jail.

Once you’re at the county jail, you will be offered the chance to call a family member or an . Take that opportunity! Most happen late at night, but some law firms have 24/7 or emergency numbers. Sometimes, a will even have someone come out from the office to meet you at the police station or jail so that they can discuss the penalties and the issues that you might face if you either take or refuse the DataMaster (breathalyzer) test. (They might ask you to take a blood or urine test if they suspect that you’re under the influence of a substance other than or in addition to alcohol.)

You have the right to a separate test at your own expense if you want one.

After you either take or refuse the test, it’s likely that you will be booked into the jail or released into the custody of someone who can drive you home. If you hadn’t spoken to an yet, this is the time to reach out and do that! If you’ve already spoken to an , you should call them back and plan the next steps.

Shortly after receiving the police narrative from the arresting agency, the will probably file . The is going to demand your appearance at court, where they will begin the process of trying to convict you as a . The will not advise you on any . The is only there to represent the State.

If you can’t afford an , the State will provide you with a public defender. Even people who are appointed counsel at State expense sometimes choose to hire other lawyers. Often, their friends or family members will help them defray the costs of hiring an who can help guide them through law issues.

If the police officer doesn’t take your at the time of your , you will get a letter in the mail not long after your release. Unless you or your file a request for a hearing, your license and your will be revoked

Forms and Resources

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If you’ve been charged with drunk driving in Iowa, you are facing an expensive situation. You need an OWI attorney.

An OWI conviction will expose to you to at least a $1250 fine (plus a 35% surcharge) — and possibly thousands more — and at least two days in jail for a first offense.

If you’re convicted of Iowa OWI (Iowa DUI), you’ll have to carry SR-22 insurance for two years from the date of your most recent license revocation. Your car insurance costs will increase — possibly by hundreds of dollars per month, and probably for years.

Drinking and driving could affect your job standing and professional licensing. You could have difficulty trying to visit Canada. You will have to pay to install and maintain an ignition interlock device in any car you own or operate.

Your Iowa DUI conviction can’t be expunged. If you plead guilty or are convicted at trial, that will never come off your record.

When you hire an attorney at Clark & Sears Law, you’re paying to have someone explore your routes to evidence suppression and to reasonable doubt.

beer owi dui dwi alcohol charge iowa drunk driving iowa lawyer iowa dui attorney misdemeanor felony — “OWI” is what Iowa calls what lots of other states call a “DUI” or “DWI.” If you’re looking for a DUI lawyer or a DWI attorney but you’re in Iowa, what you’re actually looking for is OWI defense.

You can be charged with OWI for being “intoxicated,” OR for having a blood alcohol content of .08 or higher as measured by a test of your blood, breath, or urine, OR if you have any prohibited drugs in your system.

An Iowa OWI attorney can review the state’s evidence and check it against the Iowa code and against existing case law to find out whether any searches were done correctly. An attorney will be able to help guide you through DOT license revocation hearings and help you get your revocation rescinded if the state doesn’t comply with time restrictions they have regarding properly-submitted requests for hearings and reviews.

fter , we started work in . We’ll go to court to protect your rights.

If you are placed on , you will still need to contact the clerk of court. Someone at the will help you set up a payment plan for your court fees and the supervision fee for your . Your can help you arrange the details with the .

Des Moines DUI Lawyer

What can a DUI Lawyer do for me?

What is a deferred judgment for OWI?

What's the difference between DUI and OWI?

What kind of criminal defense attorney do I need?

What will happen?

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Author: Katherine Sears

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