DUI/OWI Attorneys in Des Moines

Other examples of officer mistakes include the legality of the stop.  If the officer does the field tests correctly and uses a calibrated field breath test.  If the officer complies with the state DCI requirements regarding the breath test at the station or jail.  Was the officer required to give an independent test?  Can you use a prescription drug defense?  Was there a violation of the 2-hour rule? These and other important issues must be explored before a person can know if they should take a deal on an OWI case or go to trial. You may call for a free consultation with our OWI/DUI attorney to learn more about this material and other topics related to your OWI arrest.

In criminal court, an OWI First Offense is a serious misdemeanor. Punishment may include:

• Imprisonment up to one year
• 48 hours in jail minimum unless a legal exception can be presented
• Pay a minimum fine of $1,250.00 unless the defendant qualifies for a $625 reduction.

Additionally, the State in a civil proceeding can:

• Revoke your driver’s license for up to 180 days if you fail the breath test
• Revoke your driver’s license for 1 year if you refuse the breath test

If you have previously been convicted of OWI or had your license suspended due to an alcohol violation, the criminal punishment and civil penalties can increase dramatically. A new OWI, when enhanced by prior OWI convictions, can result in an Aggravated Misdemeanor (2 years in prison) or Felony OWI (5 years in prison). Even more serious charges can result from charges of Serious Injury by Vehicle or Vehicular Homicide charges (25 years in prison) if an accident with injuries occurs to persons in other vehicles or persons in your vehicle, regardless of your criminal history.

Most OWI investigations begin with an officer stopping your vehicle. When the officer approaches your car and speaks to you, they will ask you questions to determine if you have been drinking. Moreover, their questions will be used to detect the presence of alcohol, if you slur your words, and if your movements are impaired, etc.

While you are not entitled to an attorney during these initial stages of the officer’s OWI/DUI investigation, you should request to speak with an attorney immediately upon the officer asking you to perform tests. If the officer determines that you appear to have been drinking, he will ask you to perform some tests. These tests, although not at all 100% accurate, are used to aid the officer. The officer will ask you to perform:

• Horizontal Gaze Nystagmus (HGN): by holding a pen or using their finger, and asking you to follow it with your eyes. He is looking for involuntary twitching of the eye called Nystagmus.
• Walk and Turn: walk a straight line heel to toe and then turn around and walk back; or
• One Leg Stand: stand on one leg and count to 30.

While not 100% accurate, a failing score (which can be contested in court) on these tests triggers the officer to be able to ask you to blow into a device that checks the amount of alcohol in your system. This is known as the Preliminary Breath Test (PBT). A PBT score of .08 or greater will result in your arrest for OWI; a refusal to the PBT will also trigger an arrest. If you are arrested, the officer will take you into custody and transport you to the station, where he will read you an Implied Consent Advisory and request another breath sample on the Datamaster machine.

A test of .08 or greater or a refusal will result in your arrest for OWI. These test results have criminal and driver’s license (civil) implications.

If you refuse the Datamaster Breath test at the station, you face a suspension of your driving privileges for one or more years, depending on your prior history. If you submitted to a test that indicates an alcohol concentration of .08 or more, your driver’s license may also be suspended for 60 days up to 6 years, depending on your history. If you are under the age of 21 and you test above .02 (which takes a very small amount of alcohol, possibly one beer for some people), you may lose your license. If you test .04 or more while operating a commercial vehicle, you will also lose your driving privileges.

The D.O.T. will suspend your driver’s license if you test over .08 or refuse to take the test. You only have 10 days to file an appeal and request a hearing with the Iowa Department of Transportation to stop the revocation of your driver’s license. Although you can conduct the appeal on your own, it is important to know that you will carry the burden of proof and you will be responsible for providing the witnesses, evidence, and legal arguments necessary to win your appeal. Moreover, all information testified to at the D.O.T. will be used in other hearings.

If you take the breath test, the officer cannot by law substantially interfere with your right to an independent test. Asking for an independent test can aid your case in numerous ways. If you choose to refuse the Datamaster Breath test, you do not have the right to have an independent test.

Clients do not have to be present for DOT administrative hearings. We represent our clients on the initial appeal, as well as the second level of appeal, called an administrative review. Both of these appeals require the DOT to stay the revocation, so the client can still drive.

If you are charged with a criminal offense arising out of the officer’s investigation, most Courts in Iowa will require that you obtain a substance abuse evaluation prior to a sentencing hearing. However, some jurisdictions (such as Polk County) require it before the arraignment hearing for your Operating While Intoxicated case. If you do not have it done by the arraignment, then the Court will order you arrested for violating your release conditions.

Any OWI/DUI charge requires that you obtain a substance abuse evaluation. We recommend Alternative Interventions. (515) 778-7989.

Operating While Intoxicated (OWI) cases involve both criminal court and civil court proceedings; both processes are complex with many variables that most people are not aware of, so contacting a DUI attorney as soon as you are able may greatly assist you with dealing with this process.