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Briefly Crossing the Roadway Edge = OWI / DUI Stop in Iowa?

One of the positive cases to surface in Iowa regarding OWI stops is State v. Tague, 2004. When a motion to suppress is filed in regard to whether a car was stopped for weaving, Tague is usually cited. In this case, the defendant was traveling on a four lane highway, with a painted median dividing [...]

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On June 24th, 2008, posted in: Criminal Law by

Iowa Definition of "Intoxication" for Public Intox

The first place to look to find the defining law for a criminal charge is to the Iowa State Bar Association’s approved jury instructions. For (almost) every charge in Iowa, there exists a standard jury instruction which defines what elements the jury must determine have been met for a guilty verdict to occur. And in [...]

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On June 17th, 2008, posted in: Criminal Law by

Public's Right to be on Public Streets?

…who may have consumed a small amount of alcohol… That’s the issue in the Iowa Court of Appeals case State v. Bolden in 2005. Mr. Bolden was arrested for public intoxication, and he argued that the statute was unclear, vague and overbroad. He stated that the current public intoxication law results in: “Iowa Citizens, of [...]

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On June 14th, 2008, posted in: Criminal Law by

Sleeping in Car = OWI /DUI in Iowa?

Iowa case law is clear that if a person is behind the wheel of an automobile with the engine operating, and that person is intoxicated, they would be guilty of OWI. The vehicle does not have to be in motion, and the State does not have to prove any intent to drive. Mere “operation” of [...]

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On June 10th, 2008, posted in: Criminal Law by
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