Des Moines DUI Lawyers

Committed to Protecting Our Clients’ Rights

In Iowa, driving while under the influence of drugs or alcohol is called “operating while intoxicated,” or OWI. This is an incredibly serious criminal offense that can be charged as either a misdemeanor or a felony depending on the circumstances. Regardless of the exact charge you face, the penalties can be life-changing. You could be facing license suspension, jail time, fines, and points on your license among other consequences.

To mitigate or avoid these penalties, you will need to retain a knowledgeable and experienced OWI lawyer. Our Des Moines DUI defense attorneys have extensive experience representing Iowans who have been accused of drinking and driving or driving under the influence of controlled substances.

Let us get started on your case with a free consultation. Call (515) 298-5056 now.

What Is an OWI?

Drunk driving is a serious offense throughout the United States, but it is not always called the same thing. While many states use the term "Driving Under the Influence" or DUI to refer to the criminal act of operating a motor vehicle while impaired by drugs or alcohol, Iowa law defines this same act as "Operating While Intoxicated," or OWI. As of 2023, four states use the term OWI, while all states have laws prohibiting driving under the influence.

The penalties for an OWI conviction in Iowa vary depending on the circumstances of the case and whether the offender has any prior OWI convictions. For a first-time offense, penalties can include fines, license suspension, and potential jail time. Subsequent offenses carry steeper penalties, including mandatory minimum jail time, longer license suspensions, and the possibility of vehicle forfeiture.

BAC Limits in OWI Charges

Driving a vehicle with a BAC (blood alcohol concentration) of 0.08% or higher can result in OWI charges in Iowa and most other states around the country. You can also be charged with OWI for driving with any amount of a controlled substance in your system as determined by chemical testing. Iowa has a zero-tolerance policy for drunk drivers under the age of 21. Any driver under 21 who is found with a BAC of 0.02% or more can be charged with OWI.

Iowa’s Implied Consent Law

In Iowa, all drivers on the state’s roadways automatically consent to an OWI test. This means that if you are pulled over with reasonable suspicion that you are under the influence of drugs or alcohol, you are deemed to have given consent to a blood, breath, urine, or other chemical test. Refusing to take a chemical test will result in a one-year license revocation, or a two-year license revocation for repeat offenders.

How Can a DUI Defense Lawyer Help You?

Facing a DUI charge can be a daunting experience, potentially leading to severe consequences such as hefty fines, license suspension, and even jail time. This is where a DUI defense lawyer becomes an invaluable ally. Their expertise and knowledge can significantly impact the outcome of your case.

A DUI defense lawyer begins by meticulously examining the details of your arrest. They scrutinize every aspect, from the initial traffic stop to the administration of field sobriety and breathalyzer tests. This thorough investigation aims to identify any procedural errors or violations of your rights, which can be pivotal in building a strong defense.

One of the key roles of a DUI defense lawyer is to challenge the evidence presented against you. They can question the accuracy and reliability of breathalyzer and blood test results, which are often critical pieces of evidence in DUI cases.

Negotiating with prosecutors is another crucial aspect of a DUI defense lawyer’s job. Experienced lawyers have established relationships with local prosecutors and can often negotiate plea deals or reduced charges, which can lessen the severity of the penalties you face. In some cases, they may even be able to get the charges dismissed altogether.

Furthermore, a DUI defense lawyer provides invaluable guidance and support throughout the legal process. They help you understand the charges, potential defenses, and the likely outcomes, ensuring you make informed decisions. This support can be particularly crucial during court appearances and hearings, where the stakes are high, and the legal proceedings can be overwhelming.