Iowa City DUI/OWI – Independent Blood Tests

If you are arrested for Operating While Intoxicated in Iowa, there are a couple of important things to know regarding your right to an independent chemical test measuring your blood alcohol content.

First, any suspect who submits to a test requested by a police officer has a right to their own independent chemical test. The request for that test must be made within a “reasonable” amount of time after the arrest and the police-administered test. Iowa courts have found that requests for an independent test made two hours or more after an arrest were not within a reasonable time frame – so the sooner a suspect requests an independent test after submitting to the police test, the better.

Supreme Court Limits Warrantless Searches

In a decision released April 21, the U.S. Supreme Court placed greater restrictions on the ability of police officers to search the vehicles of individuals they arrest. Although in general police are supposed to get a warrant before performing a search, there are a number of exceptions to that rule. One exception, which police officers have relied on for years, is the ability to search an occupant’s vehicle “incident to” their arrest of that person. According to the majority opinion released yesterday, that exception has resulted in “Countless individuals guilty of nothing more serious that a traffic violation… (who) have had their constitutional right to the security of their private effects violated.”

Limiting this exception, the Court held that warrantless vehicle searches should only be allowed in two situations: when the person arrested is close enough to the car to reach in, possibly grab a weapon or tamper with evidence; or when the arresting officer “reasonably believes that the vehicle contains evidence” pertinent to the crime that prompted the arrest.

Iowa City Council Under 19 Proposal

The city council of Iowa City continues its assault on the downtown bars.

Currently, the city outlaws anyone under the age of 19 being in a liquor serving establishment after 10:00 p.m. This does not include all liquor serving establishments. Depending on the amount of alcohol a business sells, a business can get an exemption.

For example, you can buy a bottle of beer at Panchero’s, and you can still be there after 10:00 p.m. while being under 19. They have filed for the proper exemption. Whereas a true-to-form bar cannot qualify for this exemption.

The current law sets the fine at $250.00 for a first offense. Add on the mandatory 32% surcharge and $50.00 in court costs, and you are looking at $380.00 for the total bill. Remember, that you do not even have to be caught drinking, be drunk, or have a drink in your hand. Fall into any of those other categories and you will be looking at more penalties.

Iowa City PAULA Update

The Iowa City city council has approved a new measure in their assault against underage drinking. On Februrary 3, 2009, they approved a new ordinance that will punish bar owners for PAULA’s issued on their premises.

Currently, the Iowa City Police Deparment keeps statistics on PAULA’s per police visit in all of the downtown bars. Now, this information will be considered when bar owners seek to renew their liquor licenses. If a bar has more than 1 PAULA issued per police visit, their liquor license “could” be denied. And, of course, a downtown bar without a liquor license would quickly go out of business.

Therefore, one can expect greater control by bar owners of underage patrons in their establishments.

Drug Law in Iowa – "Possession" or "Intent to Distribute"

When controlled substances are discovered, the police and the county attorneys have a decision to make: Should the crime be charged as “possession” or “intent to distribute?” Absent an admission from the suspect that he is a drug dealer, what do the charging authorities look at before they make their decision? And more importantly, what will a Court use to determine whether this crime has occurred?

Iowa Criminal Law – Check the Car before you Drive It!

Many drug-related charges involve traffic stops. During the stop, the officer will be looking for any evidence of any additional crimes, including drug offenses. Drug paraphernalia in plain view, the smell of used drugs (particularly burnt marijuana), or signs of intoxication or drug use by the driver or passengers will all be used to further an investigation and an eventual request to search the vehicle.

If the request to consent to search is denied, the officer can threaten (bluffing or not) that K-9 unit is available and the dog will discover the contraband regardless. If consent is not reached at this point, the officer may be able to proceed with a search if he smells marijuana. He can also hold the suspect for a reasonable amount of time for K-9 unit to arrive.

There are many ways in which the officer can search the vehicle, with or without consent. So where does this put us…Check the car before you drive it!

Truck Drivers Have a Lowered Expectation of Privacy? – Iowa Criminal Law

An “expectation of privacy” is what protects citizens from searches and seizures from the State. Generally, if a citizen has a reasonable expectation of privacy, there must be some additional fact which would allow an officer to conduct a search or seizure upon that person.

One of such reasons may be that the person is operating a commercial vehicle.

A key U.S. Supreme Court decision on this subject is New York v. Burger (U.S. 1987). The court held that warrantless searches of closely regulated industries are constitutional if the rules governing the searches offer an adequate substitute for the 4th Amendment warrant requirement. To do that, the rules must do two things: Provide notice to owners that their property may be searched for a specific purpose and to “limit the discretion of the inspecting officers.”

Iowa courts have applied this thinking to searches without cause of commercial vehicles, noting that motor vehicles are pervasively regulated by statute, and that commercial vehicle drivers are on notice they could be stopped for inspection.

US v. Knight, (8th Cir. App. 2002) provides a little insight into how far searches of commercial vehicles can go. There, the defendant’s commercial vehicle was stopped and searched under the North American Standard Inspection Program, which allows officers to randomly stoop commercial vehicles for specific types of searches. The officer conducted an inspection which included rummaging through the defendant’s personal briefcase. This search was determined to be unconstitutional.

Therefore, commercial drivers have a lowered expectation of privacy because they are in a highly regulated industry. The State has the right to determine if the drivers are in compliance with all regulations. But, as Knight points out, the right to search commercial vehicles is not without limits.

Pleading Not Guilty – Iowa Criminal Cases

Imagine a dartboard where the bull’s eye is “guilty.” Everything else on the board is “not guilty.” Not guilty does not necessarily mean that a defendant actually did not commit the crime. It can mean that, but it also means everything else, aside from “guilty.”

For low-level misdemeanors (simple misdemeanors in Iowa) guilty pleas can be taken at the initial appearance, often times while the defendant is still in jail. Not guilty can mean “I’m not sure, judge, I need time to speak with a lawyer.” Or it could mean “Well I was there, but I don’t think I was actually intoxicated.” Or it could mean, “I’m not sure what ‘interference with official acts’ means, but I’d like to find out before I say ‘guilty.’ ”

Will a judge be upset or give the defendant a greater sentence because the defendant pleaded not guilty then decided to change his plea? Usually not. Judges understand that defendants can be confused at the time of an initial appearance. Also, they would much rather have a not guilty plea be withdrawn to enter a guilty plea, than a guilty plea attempted to be withdrawn.

Iowa OWI / DUI Field Tests – The Law on Walk and Turn

The Walk and Turn test is probably the most difficult test for a completely sober person to perform. It has the most complicated instructions, and points are taken off for more than just swaying side-to-side or missing heel-toe contact. Therefore, it would benefit a suspect to review these rules prior to being in the position of being asked to perform the test.

The officer will attempt to find a level, safe area to perform this test. Unfortunately for the defense attorney, this safe, level area is not often in front of the police vehicle in view of their squad car camera. Mainly due to traffic concerns, the officer will ask the suspect to perform this test on a nearby sidewalk or other hard surface.

The test actually begins as soon as the instructions are being given. The suspect is asked to remain in a heel-to-toe position while instructions are being read. A point will be removed if the suspect starts prior to the full completion of the instructions, or if the suspect sways.

The suspect will be given the instructions for the test while in this heel-toe position. The left foot must be placed in front, right foot behind, making heel-to-toe contact, and the arms must be down at the suspect’s side.

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 admissible, this “refusal” is referring to the blood, urine or Datamaster/Breathalyzer breath results.

A trial of this nature has a better chance of acquittal than a trial with a BAC result which is over the legal limit. For a result-based trial, all the State must prove the that the defendant was operating the vehicle and that he provided a test at or over 0.08. With a refusal trial, the jury must base their decision on whether the driver was “under the influence” based on the following jury instruction.