What Should I Do After An OWI Arrest?
If you are arrested for drunk driving, or operating while intoxicated (OWI), your next actions can determine the course of your case. From Breathalyzer tests and your statements, law enforcement can obtain evidence they can use to prepare a case against you.
Since most OWI or DUI arrests happen when you are scared, drunk or tired, it isn’t always easy to remember your rights. It you remember nothing else, remember:
- You have the right to an attorney.
- You have the right to speak to your lawyer before submitting to a Breathalyzer.
- Do not give any statement to law enforcement before you talk to a lawyer. Do not tell them where you have been or if you have been drinking.
We Can Help Fight For Your Future
If you are charged with OWI in Iowa, Carr Law Firm P.L.C., is here to help. We are experienced trial attorneys who are prepared to fight for our clients in court. We can help protect your rights and help you navigate the criminal justice system. Any OWI change puts you at risk of having a criminal record that can affect your employment and housing prospects in the future. We are committed to helping you fight for your future.
Frequently Asked Questions About OWI/DUI In Iowa
Being charged with Operating While Intoxicated (OWI) in Iowa can be stressful. It is natural to wonder about your legal rights and how a conviction may impact your life. Below are answers to common questions we are asked about OWI laws in Iowa.
Can I refuse a breathalyzer test?
Technically, you can refuse a breathalyzer, but this comes with serious consequences. Iowa has implied consent laws – by choosing to drive, you agree to chemical testing if lawfully requested. Refusing a test can result in a one-year license revocation for a first offense and longer suspensions for repeat refusals. The refusal may also be used against you during your trial.
Additionally, refusing the test does not prevent an OWI charge. Officers can still use other evidence, such as field sobriety test results or observations of impairment, to support the case against you. License revocation for refusal is separate from any penalties related to an OWI conviction.
What are the potential defenses against an OWI/DUI charge in Iowa?
There are several defenses that may apply, depending on your situation:
- Lack of reasonable suspicion: Could lead to case dismissal if the officer lacked a valid reason for the stop
- Faulty test results: Since breathalyzer machines must be calibrated correctly, improper procedures can make test results unreliable
- Medical conditions Certain medical conditions or diets can cause false positive breathalyzer readings
- Other rights violations: If law enforcement failed to follow proper procedures during your arrest
Each case is unique, and the success of a defense depends on the facts surrounding the arrest.
How can a conviction affect my driver’s license in Iowa?
An OWI conviction can result in different levels of license revocation:
- First offense: License revocation for 180 days (or one year if you refused testing)
- Second offense: License revocation for one year
- Third offense: License revocation for six years.
In some cases, you may be eligible for a temporary restricted license with an ignition interlock device (IID).
Are there any programs or classes I must complete after a conviction?
Yes, Iowa requires you to complete certain programs after an OWI conviction:
- Driving course: A required class covering the risks and legal consequences of impaired driving.
- Substance abuse evaluation: An assessment that may require further treatment if necessary.
These programs are usually mandatory to reinstate your license.
Call Us After An Arrest
Assert your right to a lawyer after an OWI arrest and call us at 515-259-1389 to discuss how we can help with drunk driving defense. You can also use our online contact form. We offer free initial consultations and payment plans for our services. Our office is located in downtown Des Moines.