Protect your rights, your reputation and your freedom. If you or a loved one is facing criminal charges it is imperative to contact a qualified attorney immediately. We provide experienced, zealous advocacy at every stage of the legal process while treating you with respect and compassion.
Whether you or a loved one has been wrongly accused or unjustifiably overcharged, the legal system can feel daunting and insurmountable. It is vital to have an experienced, knowledgeable attorney at your side to guide you through the process and seek a just result.
Iowa’s laws regarding drunk driving fall under Iowa Code Chapter 321J. Different states use different terms, whether you are charged with drunk driving, operating while intoxicated (OWI), driving while impaired (DWI), operating under the influence (oui), driving under the influence (DUI), it is vital that you protect yourself and your rights by contacting a lawyer.
If you or a loved one is charged with OWI , the consequences can have wide ranging impact on your life. From losing your license, to substantial fines and courts costs, to mandatory jail sentences and a criminal record, an attorney can help guide you through these concerns. Drunk driving charges span the cross section of our community, one mistake can result in serious consequences. An experienced attorney will obtain the discovery necessary to defend your case and seek the best resolution possible.
OWI charges generally follow a similar timeline. This can be a stressful and confusing time. We strive to explain and simplify the process, while taking that burden off your shoulders, keeping you informed as your case progresses. Below is a summary of the steps you may encounter beginning from when you are first pulled over through trial or resolution.
Traffic Stop
Flashing lights coming up behind and the stress typically sets in immediately. Provide your license, registration and proof of insurance, but the investigation begins there. Law enforcement will ask you questions designed to pursue an investigation, where you’ve been, where you are going, who you were with, how much you’ve drank, regardless of how long ago or how little you’ve consumed the investigation is likely to proceed. You have a right to remain silent, a right commonly not exercised and the first step in building evidence against you. Cooperation is key, but talking and cooperating are not synonymous.
Law enforcement officers get things wrong, and the reasons behind a traffic stop or OWI investigation are often far more subjective than a police report suggests. An attorney will investigate and evaluate their basis for their investigation, which may lead to constitutional and legal challenges to protect your rights.
Field Sobriety Tests
It seems we have all seen field sobriety test videos whether from the show Cops in the 90’s to YouTube videos and now on our social media algorithms, we watch them for the same reason they are intended – to make people look bad. Tests designed for failure, and failure on camera to use against you in court. The science they are based on require them to be standardized, yet are demonstrated and scored by subjective officers in unstandard conditions. Decline them politely and wait for further investigation.
At the Station
After the roadside stop, the next step is at the station usually in an OWI specific interview room that contains the DataMaster DMT breath testing device. You may or may not be officially under arrest at this point, but the investigation is ongoing. The officer reads the Implied Consent Advisory, a complicated document intended to advise a person of the possible consequences of submitting, or not submitting, to a test designed to determine your Blood Alcohol Content (BAC). If you haven’t already requested to contact a lawyer, that request is definitely the time to do so. You have a right under Iowa law to contact a lawyer, a family member, or any person to assist you in making such an important decision.
DOT Appeal
If you are marked as a refusal to submit to a chemical test of your BAC, that refusal is submitted to the Department of Transportation (DOT) for revocation of your driver’s license. It is important to contact an attorney immediately to discuss that consequence, because you only have ten (10) days to administratively appeal that decision. An experienced and knowledgeable attorney can assist you in a DOT administrative appeal before an Administrative Law Judge (ALJ) with the goal of preventing the loss of your license.
Arrest
When you are arrested, you may have the opportunity to post bond or to be released with a citation to appear. If you are not released you will see a Magistrate Judge, typically the following morning, which may be in person or by video. If you are released without seeing a Judge then you will be provided paperwork notifying you of your Initial Appearance court date. It is important to contact an attorney immediately to begin preparing your defense. Hiring an attorney may also be able to alleviate your need to attend court in person, saving you time, money, and stress.
After the Initial Appearance the Court may set a Preliminary Hearing within ten days for a person still in jail and within twenty days for a person released from custody. A Preliminary Hearing is a process for the Court to determine whether sufficient probable cause exists for the case to proceed. Depending on county and judicial district, Preliminary Hearings can be rare, as the State is authorized by law to submit a Trial Information in lieu of holding such a hearing. Preliminary Hearings are also commonly waived, leaving Arraignment as the next significant step in the judicial process.
Trial Information and Arraignment
The Trial Information is the charging document filed by the County Attorney formally charging you with a crime. The filing of this document triggers the Court scheduling an Arraignment. This hearing is for the Court to read the charges, notify you of your rights, and to enter a plea. Most common practice when represented by an attorney is to file a written arraignment document notifying the Court of those particulars and pleading Not Guilty, without necessitating in-person court appearance. One important decision made at that time is to inform the Court whether you are demanding or waiving your right to a speedy trial. This is an important decision with factors to consider in consultation with your attorney. After Arraignment the Court will either schedule your trial for a Pretrial Conference, a Trial date, or both.
Discovery, Pretrial Conference and Trial
Filed with the Trial Information is the Minutes of Testimony, a confidential document that includes a list of the witnesses the State plans to call at trial and a summary of their proposed testimony. Depending on the case, this may include police reports and other investigatory documentation, but your attorney will seek further discovery to review the important details of your case. In this technological age video and audio is commonplace, from patrol vehicle cameras and body-worn cameras to city and private surveillance, we are often tracked and recorded from the moment we leave our homes. Such evidence may be vital to your defense.
A Pretrial Conference is an opportunity for your attorney to discuss this matter with the County Attorney handling your case and to request things from the Court. Often this is the stage that plea negotiations take place in earnest. This is also the stage in which viable defenses and motions may be considered and filed, which may require further court hearings. Whether your personal attendance is required or not is very dependent on judicial district, county, and even the presiding Judge. It is important that you talk to your attorney about your personal appearance, and should always consider that personal appearance is required unless advised otherwise.
If a case is not dismissed or otherwise resolved it proceeds to trial. You have a constitutional right to a speedy, public trial by a jury of your peers. An experienced trial attorney will be able to advise you in this process and not shy away from a necessary trial.
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