Iowa Jury Instruction for OWI / DUI, Test Refusal Law
If a defendant goes to trial on an OWI charge in Iowa, where no BAC was given, the jury will decide whether the driver is “under the influence.” This is commonly called a “refusal” trial, based on the defendant’s refusal to providing a sample. Remember that the PBT, or preliminary breath test results are not [...]
read moreIowa OWI / DUI Law: Use of the PBT Results at Trial
When a subject is questioned regarding an OWI, he is often offered a preliminary breath test (PBT) by the officer. Based in part on the results of this test, the officer will make his decision to whether charge the subject with OWI. As mentioned in other posts, the PBT cannot be used at trial for [...]
read moreIowa's Criminal Right to Counsel and the Implied Consent Law
The United States Constitution guarantees the right to counsel for the accused. The State of Iowa has taken this right and written it into our state statutes. Iowa Code §804.20 states: Any peace officer or other person having custody of any person arrested or restrained of the person’s liberty for any reason whatever, shall permit [...]
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