How to Get Out of an OWI in Iowa
An Operating While Intoxicated (OWI) charge in Iowa can have serious consequences, including fines, license suspension, and even jail time. If you find yourself facing an OWI charge, it is crucial to understand your rights and options to potentially get out of this situation. In this article, we will discuss various strategies and steps you can take to fight an OWI charge in Iowa.
Understanding Iowa OWI Laws
To effectively fight an OWI charge, it is important to have a clear understanding of Iowa’s OWI laws. In Iowa, you can be charged with an OWI if your blood alcohol concentration (BAC) is 0.08% or higher. However, if you are under the age of 21, the legal limit is reduced to 0.02%. It is also worth noting that Iowa has an implied consent law, which means that by obtaining a driver’s license, you have already given consent to chemical testing if you are ever suspected of driving under the influence.
Building a Strong Defense
1. Hire an Experienced OWI Attorney: When facing an OWI charge, it is crucial to seek legal representation from an experienced OWI attorney who specializes in defending clients against OWI charges. They will have a deep understanding of Iowa’s OWI laws and can guide you through the legal process.
2. Challenge the Traffic Stop: The police must have a valid reason to pull you over. If you believe the traffic stop was unwarranted or the officer did not have probable cause, you can challenge the stop in court.
3. Dispute the Field Sobriety Tests: Field sobriety tests, such as walking in a straight line or standing on one leg, are subjective and can be influenced by various factors. Your attorney can challenge the accuracy and reliability of these tests.
4. Question the Breathalyzer Results: Breathalyzer machines are not infallible, and their results can be inaccurate due to calibration issues or improper usage. Your attorney can question the validity of the breathalyzer results.
5. Challenge Blood Test Results: If your BAC was determined through a blood test, your attorney can challenge the collection, handling, or analysis of the blood sample. They may also request an independent analysis of the sample.
FAQs
Q: Can I refuse a breathalyzer test in Iowa?
A: Technically, you can refuse a breathalyzer test in Iowa. However, refusing a breathalyzer test can lead to a separate charge of “implied consent violation,” which carries its own consequences, such as license suspension.
Q: Can I still drive if my license is suspended due to an OWI charge?
A: If your license is suspended due to an OWI charge, you may be eligible for a temporary restricted license, also known as a work permit. This allows you to drive to and from work, school, or other necessary activities.
Q: Will an OWI charge stay on my record forever?
A: An OWI conviction will stay on your record indefinitely unless you take specific steps to have it expunged. However, it may still be visible to law enforcement and can affect future charges or sentencing.
Q: What are the potential consequences of an OWI conviction in Iowa?
A: The consequences of an OWI conviction in Iowa can vary depending on the circumstances, but they may include fines, license suspension, mandatory alcohol education programs, probation, and even jail time.
Q: Should I plead guilty if I am charged with an OWI?
A: Pleading guilty should only be considered after consulting with an experienced OWI attorney. They can assess the strength of the prosecution’s case and advise you on the best course of action.
Conclusion
Facing an OWI charge in Iowa can be a daunting experience, but with the right legal representation and understanding of the law, it is possible to fight the charge and potentially minimize the consequences. Remember to consult with an experienced OWI attorney as soon as possible to build a strong defense tailored to your specific circumstances.