One of the tools an Iowa peace officer has in his possession is the PBT, or the preliminary breath test. This handheld device is used in the field to give the officer an idea of the level of intoxication of a suspect. In regard to an Iowa OWI investigation, this “number” is not admissible in…
In a recent Johnson County District Associate Court case of ours, (case number withheld for privacy), the defendant was arrested and charged with OWI 1st Offense. She refused the breath test at the police station, which made her ineligible to receive a deferred judgment under Iowa law. A deferred judgment was necessary in her situation…
This time of year, we always see some cases involving OWI charges where no driving was alleged. In Iowa, the crime is clearly defined as “operating.” This just means that the suspect is behind the wheel, with the engine running. Even if there is no intention to drive, just activating the engine is illegal. With…
There are two ways to begin your contact with the court for an Iowa criminal charge, and both are called the Initial Appearance. (Note, do not confuse this with the Preliminary Hearing, or even the Pretrial Conference, all are very different). The first way to have your Initial Appearance is by being summoned at a…
When a driver in the State of Iowa is asked to provide a chemical test (usually breath) on suspicion of OWI, the officer is required to give a inform the driver of the potential revocation of the driver’s Iowa license or non-resident driving privileges. The officer must state or explain the following (taken from Iowa…
Iowa has many requirements for someone convicted of a DUI. These requirements are handed down by both the criminal court, and the Iowa Department of Transportation. The IDOT will require any driver that failed a breath test or refused a breath test (whether 1st or any subsequent failure) to take an approved drinking drivers’ course…
On 7/1/10, a new law became effective that significantly reduces the waiting period for a work permit/temporary restricted license for a “second breath test failure” case before the Iowa Department of Transportation. Most of the “second breath test failure” cases are OWI 2d offenses. However, a second breath test failure can occur after a previous…
The Iowa DOT has many different levels of drivers’ license statuses. A driver can be suspended, revoked, ineligible or barred. Each of these statuses provides a different penalty if that driver is caught driving. DUI / OWI breath test failures or refusals, and drug convictions will leave a driver revoked. Driving under revocation is a…
The Iowa State Legislature has made the installation of an Ignition Interlock Device mandatory under several occasions. These occasions are overwhelmingly due for licensing reasons, and generally are not part of the criminal case. Primarily, if a driver is facing a license revocation due to implied consent test failure or refusal, they may be required…
The Iowa Code lists a large amount of factors that have to be considered regarding a driver’s license revocation and work permit rights when involved in an OWI stop. Much information is available regarding the different BAC limits and their effects upon the license revocation or work permit waiting period, but the restrictions on an…
