The death of a loved one is one of the most difficult situations we face during our lifetimes.
Drunk driving charges are serious in their own right, but things go from bad to worse when someone is fatally injured in an accident.
With your freedom on the line, you should retain an experienced from our firm.
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Iowa Code section 321J.2 prohibits an individual from operating a motor vehicle while under the influence of alcohol, drugs or a combination of drugs or alcohol; or while having an alcohol concentration of .08 or greater. There are two elements of Operating While Intoxicated that the State must prove beyond a reasonable doubt at trial:
"Operating" is defined by the Iowa Supreme Court as: the immediate, actual physical control over a motor vehicle that is in motion and/or has its engine running. Thus, sitting in a vehicle, even with the keys in the ignition, so long as the engine is not running, does not and cannot constitute "operating."
In Iowa, an individual is considered "under the influence" when by drinking liquor and/or beer, one or more of the following is true:
Unintentionally causes a serious injury (bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily organ or major bodily member, or which causes the loss of any bodily member) byOperating a motor vehicle while intoxicated (as set forth above).
Unintentionally causes death of another; byOperating a motor vehicle while intoxicated (as set forth above).
Iowa law prohibits public intoxication.
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