suspected of owi?

Gourley, Rehkemper & Lindholm PLC - Attorneys At Law

What Can I Expect if an officer supects me of driving drunk?

Often times, an officer's initial observations play an important role in determining whether or not he/she will expand his traffic stop into a drunk driving investigation.  These observations include, among other things:

1. Your driving;
2. Your physical appearance;
   1. Do you "smell of alcoholic beverage?
   2. Do you have "blood shot and watery eyes?
   3. Are your clothes messy or soiled?
   4. Do you have problems speaking clearly "slurred speech"?
   5. Do you have problems maintaining your balance?
3. Admitting to drinking or coming home from a party or bar;
4. Observations of vehicle - open alcohol containers in vehicle.

When an Officer makes observations that that give him reason to believe that you are driving while drunk, he will then expand his investigation.  The most common observations are "blood shot and watery eyes" and the "smell of alcoholic beverage"

At this point the officer asks whether or not you have been drinking or if are coming from a bar or party.  If the answer to this is "yes", he/she will then likely request that you exit the vehicle in order to perform field sobriety tests.  There are three primary field sobriety tests used in Iowa.  (1) Horizontal Gaze Nystagmus - officer checks your eyes and has you follow his finger; (2) Walk and turn; and (3) One leg stand.

If the officer believes in his subjective opinion that you failed the tests, he/she will often request that you provide a sample in the Preliminary Breath Test device better known as the PBT.  At this point, regardless of whether you pass or fail this test, you will most likely be arrested for OWI.

Once at the police station, the officer then reads what is called the Implied Consent Advisory and requests that you provide a breath sample in the DataMaster direct breath-testing device.  This advisory informs the individual of the consequences to their driving privileges of taking the test and failing it as opposed to refusing the test.  This is the big machine that prints out a reading that the State will attempt to use against you in court. The result of this test will determine a number of variables with regards to license suspensions, work permit eligibility, severity of sentence and so on.

After taking and presumably "failing" the test, the officer will ordinarily request to conduct an interview of you regarding your alcohol consumption that evening.  After that you are provided with a citation and released; returned to lock up and given an opportunity to call someone to bail you out or sit until the morning when you can see a judge.

From our offices in Des Moines, Iowa, we give high-quality representation to people throughout the State of Iowa, including Polk, Warren, Dallas, Boone, Story, and Marion counties, and the cities of Des Moines, Ames, Indianola, Adel, Boone, Nevada, Urbandale, West Des Moines, Waukee, and Knoxville