OWI Defense Lawyers Des Moines
Our Attorneys Defend the Rights of Drivers Across Iowa
When Iowa law enforcement pulls you over for suspected drunk driving, things happen fast.
It can be hard to know what to do or where to turn, and the consequences of making the wrong choice are steep. Mandatory jail time. Mandatory fines. Loss of driver’s license. A criminal conviction that you can’t remove from your record – no matter how hard you try.
This is why working with an experienced operating while intoxicated (OWI) defense lawyer from the start of your case is essential. At GRL law, we understand the stress and uncertainty that an OWI charge can bring, and we do everything legally possible to avoid a conviction and license suspension following your arrest.
Get a Free Initial Consultation With GRL Law
Our team of OWI defense attorneys is knowledgeable, confident, aggressive, and 100% in your corner. Based in West Des Moines, we work on cases throughout the state of Iowa. You may ask, “Can I afford to hire GRL Law’s drunk driving defense experts?” The better question is, “Can I afford not to?” When your future is on the line, results matter.
Table of Contents
- What is Operating While Intoxicated (OWI) in Iowa?
- OWI 1st, 2nd & 3rd Offense
- Underage OWI Charges
- Vehicular Homicide or Serious Injury by Vehicle Charges
- Boating While Intoxicated
- Driving & Drugs
- How Drunk Driving Investigations Work
- How We Defend You
- What GRL Law Clients Are Saying
- What to Do If You’re Arrested for OWI
- Contact Our Team
What Is Operating While Intoxicated (OWI) in Iowa?
Operating While Intoxicated (OWI) is Iowa’s drunk driving law. An operating while intoxicated charge is often referred to as an OWI, DUI (“driving under the influence”), or DWI (“driving while intoxicated”).
Under Iowa law, a conviction for an OWI offense requires the prosecution to prove each of the necessary elements of the crime beyond a reasonable doubt. Those elements include that the defendant operated a motor vehicle AND at the time of operation, the defendant was any of the following:
-Under the influence of alcohol and/or drugs
-Had an alcohol concentration in excess of .08
-Had “any” amount of controlled substance present in their system
What Does "Under the Influence" Mean?
A person is legally “under the influence” of alcohol or a drug when any one of the following is true as a result of consumption of alcohol or use of a drug:
-The person’s emotions are visibly excited
–The person’s judgment is impaired
–The person has lost control of their bodily actions or movements to any extent
–The person’s mental ability has been affected
What Does "Any Amount" of Controlled Substance Mean?
It means just that: “any amount.” If a controlled substance is detected in a person’s system at or near the time they were operating a motor vehicle, they can be charged and potentially convicted of operating while intoxicated, even if they were not actively “impaired” by that substance.
OWI Charges: 1st, 2nd & 3rd Offense
An OWI is considered a first offense, second offense, or third offense depending on how many prior criminal convictions the driver has had.
Iowa has a 12-year “look-back period” which is used to determine the severity of the offense. The clock runs from the date of sentencing on the prior conviction to the date of the alleged current charge. Prior license suspensions may be considered by sentencing judges, but they cannot form the basis for an enhancement of the pending criminal charge.
For determining a third OWI offense, the level of prior offense is irrelevant. All that matters is whether the individual has been convicted of any level of operating while intoxicated within the look-back period.
Penalties & Consequences for OWI 1st, 2nd, 3rd in Iowa
A conviction for OWI carries mandatory jail time and fines, including the following.
- Serious misdemeanor carrying up to 1 year in jail but requiring a minimum jail sentence of 2 days
- Mandatory minimum fine ($1,250+)
- License suspension of 6 months to 1 year
- Aggravated misdemeanor carrying up to two years in prison but requiring a minimum jail sentence of (7 days)
- Mandatory minimum fine ($1,875+),
- Longer license suspension period (1-2 years)
- Felony carrying the longest minimum jail sentence (30 days) and up to five (5) years in prison.
- Highest fine ($3,125+)
- Six-year license revocation
Underage OWI Charges
There are two different types of legal problems that can arise for underage individuals that are stopped and investigated for operating while intoxicated.
First, they can be charged with any and all operating while intoxicated offenses just as a person over the age of 21 may be charged. In these situations, they face the same penalties and consequences as someone over the age of 21, assuming the person is 18 years of age or older.
Second, even if they provide a breath sample below .08, their driving privileges may be disqualified for what is commonly referred to as a “zero tolerance” violation. The “legal limit” for all criminal prosecutions in the state of Iowa for operating a motor vehicle while intoxicated is .08. If a person under the age of 21 provides a breath sample in excess of .08 or is otherwise “under the influence” of alcohol, drug or a combination thereof, they will be charged with the normal operating while intoxicated offenses. However, for individuals under the age of 21, there is a lower “legal limit” that applies only to license revocation proceedings. That level is .02.
Under 21 – Alcohol Content in Excess of .02
In the event that a person provides a breath test and the test indicates an alcohol concentration in excess of .02 but less than .08, and they are under the age of 21, their driving privileges are disqualified for sixty days on a first offense, and they are not eligible for a temporary restricted license for the entire suspension.
Driver’s License Suspension Immediate
Also, the department of transportation does not issue a stay for zero tolerance violations so the suspension starts immediately and cannot be put on hold.
Vehicular Homicide or Serious Injury by Vehicle Charges
An OWI charge is serious on its own, but adding a vehicular homicide or serious injury charge into the mix makes it even more so. If you find yourself in this situation, our team is well-equipped to examine your case and vigorously defend you.
Learn more about vehicular homicide and serious injury by vehicle here.
Boating While Intoxicated
While similar to operating while intoxicated, charges for boating while intoxicated have their own nuances.
Learn more about boating while intoxicated and how GRL Law’s DUI/OWI attorneys can help defend you.
Driving & Drugs
A person in the State of Iowa may be charged, and potentially convicted, of operating a motor vehicle while under the influence of a drug in addition to alcohol. This includes prescription drugs as well as the better known illicit narcotics such as marijuana, cocaine, and other “street drugs.”
If the jury determines that the individual was legally “under the influence” of a combination of drug and alcohol, the individual can be convicted regardless of whether or not they had a valid prescription. In these situations it is important not to make admissions to law enforcement that will negatively impact your case. A knowledgeable attorney will also investigate the nature of this line of questioning by the officer in order to find ways to get any admissions suppressed or thrown out of court.
How Drunk Driving Investigations Work
When determining if someone is “under the influence,” the jury can consider the person’s driving, mannerisms, speech, appearance, emotional state, performance of field sobriety exercises, and anything else that may play a part in the above factors.
Police officers are taught to observe and document everything they witness about an individual during a stop. Here are the three primary stages, from an officer’s perspective:
Stage 1: Vehicle in Motion
The officer is watching a vehicle to determine if there is a sufficient basis to pull it over. For alcohol related investigations, officers are specifically trained to look for things such as weaving, inconsistent actions such as slowing down and speeding up or signaling one way but turning another, or failing to use headlights. They also pay close attention to how a person reacts to being pulled over.
Stage 2: Personal Contact
At this stage of the investigation, the officer makes personal contact with the driver of the vehicle asking for license, registration and proof of insurance. During this stage, the officer will also question the driver about whether or not they had consumed any alcohol and where they were coming from and where they were going. They also pay close attention to the driver’s eyes, breath and speech. Almost every officer’s report will claim that the arrested person had “bloodshot and watery eyes, slurred speech, and an odor of an alcoholic beverage coming from their person or breath” whether they really made those observations or not.
Stage 3: Pre-Arrest Screening
These are commonly referred to as field sobriety exercises. At this stage of the investigation, the officer has already determined that they suspect the person has consumed alcohol and claims to simply want to determine if the person is “ok to drive.” The normal statement from the officer is: “since you told me that you have been drinking, would you mind doing a few quick tests to make sure you are ok to drive?” These tests include:
-Horizontal Gaze Nystagmus: Manipulating the eyes back and forth to look for involuntary jerking of the eye.
-Walk and Turn: A.k.a. “Simon Says” for law enforcement. The accused is asked to walk along an imaginary line using heel-to-toe steps, then turn and walk back.
-One Leg Stand: The one leg stand requires the individual to pick a leg to balance on, and lift the other leg, straight out to a point where their foot is six inches off the ground.
These three “tests” are usually followed by a preliminary breath test.
As you can see, from the minute a person comes into contact with the officer, every movement and statement is being scrutinized. This is why it is important to have an attorney who knows and understands what the officers look for so that their own investigation techniques can be used against them to provide evidence of sobriety.
You can read more about your rights when you’re pulled over on suspicion of drunk driving here.
How Our Des Moines OWI/DUI Lawyers Defend You
Our approach requires a thorough, detailed and exhaustive investigation into each and every possible fact and defense for your case. We cannot change the facts, but we do investigate them and ensure that no stone is left unturned.
Here are some of the things we take into account when we defend you in your case:
Field sobriety tests are by no means foolproof, and many people cannot perform the tests to law enforcement standards even without having consumed any alcohol. A study conducted at Clemson University found that law enforcement officers will “fail” completely sober individuals on these tests an astounding 46% of the time.
Field Sobriety Tests are strictly voluntary and a driver has the ability to refuse these so-called “tests” without any negative implications on their driving privileges. Electing not to submit to these tests is completely within an investigated person’s ability and is an option that should seriously be considered.
The preliminary breath test is the hand-held breath test that is given to a driver while still “in the field.” The results of a preliminary breath test are considered by law, to be “inherently unreliable” and the numeric test result is not admissible in any proceeding against a person charged with operating while intoxicated.
Once a driver is taken to the station, the most popular evidentiary test given to motorists to determine their alcohol concentration in the State of Iowa is a DataMaster DMT breath test. This machine measures both the alcohol concentration in the individual’s breath sample but also the volume of breath submitted as well.
There are a number of requirements that must be followed before an evidential breath test result may be admitted against an individual in an operating while intoxicated case.
- The implied consent procedures must have been properly followed.
- The officer must be certified to operate the breath test device.
- A certified breath test machine must be used.
- The officer must follow the proper procedures set forth by the Iowa Department of Criminal Investigation. These procedures include a 15 minute deprivation period that absolutely must be followed in every case.
If the basic evidential foundational requirements are met, the test result can be presented to the jury and the question becomes whether or not the breath test accurately represents the subjects true alcohol concentration at the time they were operating the vehicle. This is where defenses such as rising alcohol, mouth alcohol, interfering medical conditions such as Acid Reflux or GERD, partition ration, margin of error, statistical uncertainty, electronic interference, and others, may come into play.
The accused can be 100% factually guilty of a charge but if the evidence establishing the defendant’s guilt was obtained in violation of the search and seizure provisions of the constitution, the defendant may get completely off of the charge.
Excluding evidence based upon legal violations by law enforcement is the single most effective defense to a drunk driving charge.
Iowa’s exclusionary rule applies to all evidence obtained as a result of a constitutional violation or violation of specific rights guaranteed by the statutes passed by the Legislature. In Operating While Intoxicated cases, constitutional violations most commonly occur because:
- The police did not have a legal justification to pull the person over in the first place;
- The police arrest a driver without sufficient probable cause;
- Miranda rights are not correctly read at the right time; or
- Incorrect or misleading information is given to the person prior to submitting to breath, blood or urine testing.
Iowa also has specific legal requirements or legislatively created rights in addition to constitutional rights which if violated, may result in evidence being excluded. They include:
- Right to call, consult, or see an attorney, family member, or both, prior to making a decision to take or refuse a test.
- Mandatory implied consent advisory regarding license suspension consequences if person consents and fails a test versus refuses a test.
- Right to an independent test at your own expense.
A violation of any of these or other specific constitutional or statutory rights can result in exclusion of evidence including the breath test results taken at the station. It is important to ensure that an attorney representing a defendant in this type of case is well-versed on the numerous different ways that evidence may be excluded for legal violations.
At GRL Law, we have a long track record of fighting successfully on behalf of Iowa drivers. Explore our results for more information.
What GRL Law Clients Are Saying
★★★★★
DWI? Absolutely Call This Firm!
Bob’s expertise, knowledge, and experience is hands down the reason why I never lost my license and was able to keep my CDL. Through such a stressful time, Bob had the ability to put me at ease, even considering I live four hours away from his office. Don’t think your local attorney is good enough to fight a DWI. Bob and his team know so much more about the laws and your rights. I want to extend a sincere thank you to Bob and his team and would absolutely recommend them every time!
Posted by Craig
June 27, 2020
★★★★★
OWI Reduced — Money Well Spent!
Bob is an outstanding OWI attorney and McKayla is always on top of every detail and always kept me informed. Bob took over my case from a court appointed attorney that was assigned to my case that I felt was not going to do justice in representing me. From the first time I talked with Bob, I felt confident that he would fight hard for me. He is very knowledgeable and always answered every question I had promptly and thoroughly. He was able to find some mistakes made by the prosecution that would benefit me in trying my case. He was able to get my OWI – 1st offense reduced to a possession of alcohol charge without my personal appearance which was extremely important as I recently moved to another state. I highly recommend Bob to anyone who has been charged with an OWI.
Posted by Dalton
June 26, 2021
★★★★★
Challenging an OWI Charge
When involved in a complicated accident hauling a piece of farm equipment on 6/23/20, I was charged at the scene with a combination of reckless driving, and an OWI.
I did not feel the OWI was in order and ended up, With the advise of my Son to seek help from the GRL firm in Des Moines Ia. Having no idea of what type of person or persons we were about to deal with, The experience was great from start to finish. My wife and I were treated as family by Bob and his wonderful assistant McKayla, always with extreme courtesy and prompt information and detail. I was given full right to add any details, pictures or data that could be of help, but the final judgement, and use o, was Bob’s decision. Apparently he knows his business, as he was able to get my charges down to Reckless Driving with no loss of driving privileges. Needless to say this family is elated with this outcome. A dark cloud removed. All that’s left for us to say is a sincere Thank You to Bob and McKayla Job Well Done
Posted by Don Wagner
September 3, 2020
What to Do if You're Arrested for Drunk Driving
It is the middle of the night. Your child, spouse, family member or friend has just been arrested and wants you to help them. You have tried to call your friends and other family members to ask them what to do but nobody is answering. Now what?
Step 1
If the person is in need of immediate legal advice, call GRL Law at 515-226-0500. If it is after normal business hours, the 24/7 on-call attorney number will be listed on the message.
Step 2
Contact the arresting agency and ask if they will release the arrested person to your custody on a promise to appear, if you come down and pick them up.
Step 3
If the arresting agency will not release the arrested person on a promise to appear citation, find out how much their bail is. Some agencies, especially for domestic abuse charges and alcohol related charges, require the person to see a judge in the morning before being released. If this is the case, there is nothing you can do to get the person out of jail until after they have seen the judge. Let the arrested person know this and try to get back to sleep.
Step 4
If bail is available, decide if you are willing to post the bail. You will be financially responsible if the person fails to appear at their upcoming court dates. This is a decision you will have to make.
Step 5
Decide if you want to post the entire amount of bail or just 10% through a bondsman. If you post the entire amount, you will get that money back at the conclusion of their case which can range anywhere from three months to a year, depending on the charge. If you go through a bondsman, they get paid the 10% and guarantee the rest, sometimes through your collateral. You will not get the 10% back as that is how bondsmen make a living.
Step 6
If you cannot afford to bail the person out, make sure they know to make a request to be released on pretrial release with services. Every county has different requirements for pretrial release. The arrested person needs to be interviewed and go through the approval process.
Step 7
Contact GRL Law to discuss your case and options with a drunk driving defense lawyer as soon as possible.
Step 8
If bail cannot be posted and if the person does not qualify for pretrial release, a Motion for Bond Review needs to be filed as soon as possible. It will then be up to the judge on whether bond should be lowered or if the person can be released on any other conditions that the judge determines to be appropriate.
Work With Des Moines, Iowa's Expert OWI/DUI Defense Lawyers. Contact GRL Law Today.
If you need to speak with an attorney right away, it is always best to call our office. We can take your call immediately if we are in the office, or our assistants can take your information so that we can call you as soon as we are available.
