With over 11,000 OWI arrests in Iowa per year, the OWI charge in Iowa can be a lengthy and difficult charge to recover from. Get back on the road as soon as possible
The complex legal issues and intricacies of OWI (operating while intoxicated) in Iowa, also known in other states as DUI (driving under the influence), DWI (driving while intoxicated), or drunk driving, can be very confusing for the layperson. A good defense attorney will minimize the impact of the legal system upon you. By hiring a competent, experienced criminal defense attorney like Adam Pollack you can feel confident that you have an attorney who will explore all defenses to beat the charges or obtain the best plea deal possible. Call Adam Pollack for a free initial consultation so he can assess your case and explain the myriad of confusing issues related to OWI charges:
Did the police have a constitutional basis to stop you? If you asked for a phone call or requested an attorney, or requested a private consultation, was that request honored? Did the police properly offer you a preliminary breath test or an additional chemical test pursuant to implied consent procedures? Did you ask for a re-test or an independent chemical test? Did the police properly instruct and score field sobriety tests? Was the breath testing machine properly calibrated? Did the police properly administer the test by following the manufacturer’s instructions? Does the State have sufficient evidence to sustain its burden of proof beyond a reasonable doubt?
Did you know that you only have 10 days to challenge the administrative revocation of your driving privileges? Do not wait! (However, you CAN operate a motor vehicle for the first 10 days after you have been revoked – that is a grace period for you to either appeal or go get a temporary restricted license – TRL.)
Work with an attorney who will navigate you through the complex world of drunk driving and help protect your rights and driving privileges.
- First offense- a minimum of 48 hours jail (but, your lawyer may be able to get you either home confinement with electronic monitor or completion of an OWI weekend hotel program as a jail substitute; depending on the county) and a fine of $1,250 (but, 1/2 of your fine can be waived if you obtain a TRL). Your driver’s license will also be revoked for a minimum of 180 days (for a test failure – over .084, which accounts for the margin of error) and up to one year (for a test refusal), but you can drive with a TRL.
- Second offense- a minimum of 7 days/one week up to 2 years in jail or prison. There is also a minimum fine of $1,875 with a maximum of $6,250. Your drivers license could be revoked for 1 or 2 years (test consent/test refusal). (However, your lawyer may be able to get you either home confinement with electronic monitor or work release; depending on the county. You can drive with a TRL.)
- Third and subsequent offenses- 30 days minimum in jail, with a maximum of 5 years in prison. There is also a minimum fine of $3,175 with a maximum of $9,375. Your drivers license will be revoked for 6 years with a requirement to take a drunk driving course.(However, your lawyer might be able to get you either home confinement with electronic monitor or work release. You can drive with a TRL)
- Test refusals
- Restoring your driving rights
- Temporary Restricted Licenses (a.k.a. work permit or school permit)
- OWI Penalties
See Know Your Rights section for more
Have you or someone you know been charged with an OWI? Learn more about the steps you should take after being charged with an OWI.
Set up a consultation today!