WHAT HAPPENS IF I’M CHARGED WITH OWI
Operating While Intoxicated Defense in Iowa
Operating While Intoxicated, commonly referred to as OWI, is one of the most frequently charged criminal offenses in Iowa. Other states may use the terms DUI or DWI, but Iowa law uses OWI.
An OWI charge can affect a person’s driver’s license, employment, insurance, professional licensing, and criminal record. An arrest, however, is not a conviction. The State must still prove the offense beyond a reasonable doubt, and the evidence obtained during an OWI investigation can be challenged.
What Does the State Have to Prove for an OWI?
Iowa Code § 321J.2 provides that a person commits OWI when the person operates a motor vehicle while:
under the influence of an alcoholic beverage, drug, or combination of substances;
having an alcohol concentration of .08 or more; or
having any amount of a controlled substance present in the person’s blood or urine.
The State does not necessarily have to prove that a person’s alcohol concentration exceeded .08. A person can be prosecuted under the separate theory that he or she was “under the influence.”
Likewise, Iowa law contains a separate controlled-substance alternative that can apply when a controlled substance is detected in a blood or urine specimen.
Can Police Pull Me Over Just to See If I Have Been Drinking?
No. A traffic stop is a seizure under both the United States Constitution and the Iowa Constitution. Police must have a lawful basis to stop a vehicle.
That basis may be an observed traffic violation or reasonable suspicion based on the manner in which the vehicle was being operated. Whether a stop was actually justified can become an important issue in an OWI case.
Lucas Taylor has successfully challenged OWI traffic stops through motions to suppress. If a court determines that the initial stop was unlawful, evidence obtained as a result of the stop may be excluded.
READ: When Can the Police Pull You over in Iowa?
https://hawkeyedefense.com/when-can-the-police-pull-you-over-in-iowa/
How Do Police Decide Whether Someone Is Intoxicated?
After making a traffic stop, officers typically begin looking for evidence that the driver may be impaired. Officers frequently report observations such as the odor of alcohol, bloodshot or watery eyes, slurred speech, difficulty with coordination, admissions concerning drinking, or unusual driving behavior.
Officers may also ask a driver to perform standardized field sobriety tests.
Field sobriety tests are investigative tools. They are not the same thing as the chemical breath, blood, or urine testing governed by Iowa’s implied-consent law. A person generally is not legally required to perform roadside field sobriety exercises merely because an officer asks.
The manner in which these tests are instructed, administered, and interpreted can be challenged. Video from an officer’s body camera or patrol vehicle can be particularly important when the officer’s written description differs from what the recording actually shows.
What Is Iowa’s Implied Consent Law?
Iowa Code § 321J.6 establishes Iowa’s implied-consent procedure. Under certain circumstances, an officer who has reasonable grounds to believe a person operated while intoxicated may request a specimen of breath, blood, or urine for chemical testing.
The officer determines which type of specimen is requested. Before obtaining the specimen, law enforcement must follow the procedures required by Iowa law, including advising the person of the consequences associated with submitting to or refusing the requested test.
A refusal can result in significant driver’s-license consequences and can also affect the criminal OWI case.
The legality of an implied-consent request can depend on what occurred before the request was made. Issues can include whether the officer had reasonable grounds, whether the statutory prerequisites were satisfied, whether the advisory was properly given, and whether other statutory rights were honored.
READ: Can the Police Test my Blood or Urine without My Consent?
Can I Call a Lawyer or Family Member Before Deciding Whether to Take the Test?
Iowa law provides important rights to communicate with an attorney or family member following an arrest. Iowa Code § 804.20 can apply when an arrested person asks to make a telephone call or consult with an attorney after arriving at a place of detention.
These rights frequently become important in OWI investigations because a person may want legal advice before deciding whether to provide a requested chemical specimen.
A violation of Iowa Code § 804.20 can result in suppression of evidence obtained after the violation.
Lucas Taylor successfully argued an Iowa Code § 804.20 suppression issue before the Iowa Supreme Court in State v. Starr.
READ: Can I Call a Family Member or Lawyer After I Am Arrested in Iowa?
https://hawkeyedefense.com/can-i-call-a-family-member-or-lawyer-after-i-am-arrested-in-iowa/
Can I Get My Own Blood or Alcohol Test?
Yes. Iowa Code § 321J.11 provides a person with a right to an independent chemical test under circumstances covered by the statute.
An independent test can be important when a person disputes the accuracy of the State’s chemical testing or wants an independent measurement of alcohol or drug concentration.
What Are the Penalties for an OWI in Iowa?
The penalties depend primarily on whether the offense is a first, second, or third or subsequent OWI. Other circumstances can also affect sentencing and eligibility for a deferred judgment.
First-Offense OWI
A first-offense OWI is a serious misdemeanor.
Iowa Code § 321J.2 provides for a minimum of 48 hours in jail and a maximum of one year. The statutory fine is $1,250, in addition to applicable surcharges, costs, and other requirements.
A deferred judgment may be available in some first-offense cases. A defendant is not eligible for a deferred judgment under several circumstances, including certain prior OWI histories, a qualifying alcohol concentration exceeding .15, refusal of chemical testing, bodily injury to another person, and certain eluding-related offenses.
Second-Offense OWI
A second-offense OWI is an aggravated misdemeanor.
The minimum period of incarceration is seven days, with a maximum of two years. The statutory fine ranges from $1,875 to $6,250.
Third or Subsequent OWI
A third or subsequent OWI is a class “D” felony.
The offense carries an indeterminate prison sentence not to exceed five years and a mandatory minimum period of 30 days. The statutory fine ranges from $3,125 to $9,375.
Additional sentencing provisions can apply depending on whether the prison sentence is suspended and the defendant’s criminal history.
What Happens to My Driver’s License?
The driver’s-license portion of an OWI case is separate from the criminal prosecution.
The Iowa Department of Transportation may revoke a person’s driving privileges based on a failed chemical test or refusal even if the criminal OWI charge has not resulted in a conviction.
The length of a revocation depends on factors including prior OWI history, whether chemical testing was submitted to or refused, and the basis for the revocation.
Many people with an OWI revocation are eligible for a temporary restricted license if they satisfy the applicable requirements. Those requirements commonly include installation of an approved ignition-interlock device, SR-22 insurance, and payment of applicable civil penalties.
Because the DOT proceeding and the criminal case are separate, resolving one does not necessarily resolve the other.
Can an OWI Charge Be Defended?
Yes. An OWI arrest does not establish that the State can prove the charge.
Potential issues in an OWI case can include the legality of the traffic stop, whether the officer had sufficient grounds to expand the investigation, the administration and interpretation of field sobriety tests, compliance with Iowa’s implied-consent procedures, the accuracy and admissibility of chemical testing, the right to contact an attorney or family member, and whether the State can prove that the defendant was actually operating the vehicle.
Lucas Taylor has substantial experience defending OWI cases throughout Iowa, including jury trials and motions to suppress evidence obtained through unlawful traffic stops, searches, questioning, and chemical-testing procedures.