According to Iowa law, when you are arrested for an OWI, you have the right to an independent chemical test. This test would be in addition to any breath or urine tests administered by the arresting officer, and would come at your own expense. However, there is no independent chemical test right unless and until you …
Category: Legal
Expungeable Offenses in Iowa
If you have been convicted of public intoxication or PAULA (Possession of Alcohol Under the Legal Age) you can get these charges expunged from your record in the state of Iowa. Requirements for Expungement To get your public intoxication or PAULA charge expunged, you must go 2 years (from the date of your conviction) without any law …
What is Accessory?
You don’t always have to be the one who commits a crime to be charged with a criminal offense. Just assisting someone who you know will commit or who has already committed a crime is grounds for arrest and imprisonment. An accessory is someone who assists or encourages or facilitates a crime, or knowingly helps …
License Revocation
Iowa no longer revokes drivers’ licenses for most drug possession convictions. However, what few realize is if you have had your driver’s license revoked for a drug-related conviction, and it is still revoked as a result, you probably can have it reinstated, because the law is retroactive. Iowa House File 2502, signed into law …
What is Implied Consent?
As a condition of your ability to drive in the state of Iowa, the law implies that you agree to consent to the withdrawal of a specimen of your breath, urine, and sometimes blood to determine the level of alcohol or other substances in your system, if certain predicate circumstances exist, i.e. there are reasonable …
What You Need to Know About Coerced Confessions
A coerced confession is one that is not given voluntarily. This can be a result of physical intimidation, threats, or unlawful promises of better treatment. Iowa Coerced Confession Law In Iowa, the police are strictly prohibited from threatening worse treatment or promising better treatment to obtain your confession or get you to talk. Iowa Courts have …
How Quickly Can I Drive Again After an OWI in Iowa?
How quickly you can drive again after an OWI in Iowa depends on a variety of factors, including: your number of previous offenses or revocations your age at the time of the offense consent or refusal to take the breathalyzer test First Offense After your first OWI offense, with some exceptions, typically you will lose your …
What You Need to Know About Your Miranda Rights
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights …
Bill Proposes all OWI Offenders Install Ignition Interlocks
Legislators in the Iowa House recently introduced a bill that would require anyone arrested for drunken driving to install an ignition interlock device in their vehicle. Iowa’s law currently states that first-time offenders, who were not involved in an accident and whose blood-alcohol level was between .08 and .10 at the time of the arrest, …
Illegal or Not? CBD Oil Seized by Police
Police in Carroll and Muscatine recently went into five stores and seized CBD-oil products, claiming they contain illegal marijuana. This has stirred debate and concerns around the entire state of Iowa, for business owners and their customer base. The main cause for concern is two-fold; business owners were under the impression they were selling products …
Iowa Felony Convictions Nearly Tripled Since 1980
Iowa and many states across the country have experienced a dramatic increase in felony convictions in the past few decades. A study in 2010 showed that felony convictions in Iowa had almost tripled since 1980, going from 2.05% to 5.72% in just three decades. This steady increase in felony convictions has caused many states to …
Old Law Gets Iowa Man a New Trial
Robert Reynolds, who was charged with killing a family friend in 2014, will have his new trial held in Avoca, Iowa, rather than Council Bluffs. This change occurred after he appealed based on a law from the 1880s that split Pottawattamie County by east and west, allowing everyone to be able to reach their courthouse …