OWI Third-Offense Charge Dismissed After Prescription Medication Defense

Lucas Taylor represented a defendant charged with Operating While Intoxicated, Third Offense, in Polk County. The defendant’s alcohol concentration was below .08, but chemical testing detected amphetamine in his urine. The State therefore pursued the OWI charge based on the presence of a controlled substance. As a third offense, the charge was a class “D” felony carrying the possibility of up to five years in prison, along with significant driver’s license and other consequences.

Lucas identified a statutory defense under Iowa Code § 321J.2(11)(b), which applies when the controlled substance was prescribed or dispensed to the defendant and was taken in accordance with the directions of the prescribing practitioner and pharmacy. Lucas obtained proof of the prescription, provided it to the prosecutor, and formally notified the State that the defense would be raised at trial.

After reviewing the defense and supporting documentation, the prosecutor filed a notice of intent not to prosecute. The court subsequently dismissed the OWI Third-Offense charge with prejudice, ending the felony prosecution.