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 the engine is enough to satisfy the requirements for the statute.

As I have stated elsewhere on this website, if you are intoxicated, and need to “sleep it off” in a car, do not place the keys in the ignition, do not sit behind the wheel, and never start the engine.

But, let’s suppose a person is sleeping behind the wheel with the engine operating, in a legal parking space. What rights to the police have to knock on the window, open the door, or otherwise begin an OWI investigation?

Johnson County OWI / DUI Deferred Judgment Update

A few legislative terms ago, a deferred judgment would allow a defendant to plead guilty to a crime without being assessed any fines. In an OWI, a defendant could be granted a deferred judgment, and instead of the (then $1000.00 + 30% surcharge) minimum fine, the defendant would pay only a supervision fee of $250.00-300.00.

Then, the new “civil penalty” law was passed. This required judges to impose a civil penalty in all OWI cases at an amount equal to the minimum allowable fine if a conviction was entered. This law was vaguely drafted, and it did not allow defendants the opportunity to fully understand their rights and what the possible outcomes could be if they were to be granted a deferred judgment and then if they were to violate it.

Substance Abuse Evaluation for Iowa OWI / DUI

When an arrest is made for OWI in the State of Iowa, a substance abuse evaluation must be ordered to be completed.

In Johnson County (Iowa City) the judge will order that this substance abuse evaluation be completed within 10 days. This is one of the most immediate deadlines that will occur with an OWI arrest. Therefore, as soon as a defendant is released from jail for an OWI, they should contact a substance abuse evaluator and schedule an appointment.

Also in Johnson County, the defendant will be given a list of local clinics that offer substance abuse evaluations. Many of these centers will charge around $100 for the evaluation. A defendant can expect to spend about one hour discussing their history of substance abuse with the evaluator. Questions will be asked regarding all forms of substance abuse, ranging from alcohol to illegal drugs and prescription drugs.

Refusing to Blow During an OWI / DUI Stop in Iowa

During most police stops on suspicion for OWI, the officer will request a breath sample. What happens if a defendant refuses?

There are two different breath samples which the officer may request. The first is the preliminary breath test or “PBT” or field test. This is the small box which officers carry with them in the field.

The PBT is not fully accurate. For an OWI, it is used only to help officers determine if they have probable cause to make an arrest. The results will not be used in Court as evidence of intoxication. (They can be used for a public intoxication charge, though).

A refusal on the PBT is not a “refusal” in regard to any additional penalties which may fall on the defendant regarding their driver’s license. Refusing the PBT only denies the officer an additional piece of evidence prior to making an arrest. If a PBT is given and the results indicate intoxication, an arrest will almost certainly occur. If an officer suspects intoxication and the PBT is refused, an arrest will likely occur anyway. The important test is not the PBT, but the breath test given at the police station.

Iowa Criminal Law – Search and Seizure

One of the biggest mistakes defendants make during an encounter with the police is failing to exercise their right to remain silent.

The Miranda warnings have been read so many times on television that the general public has forgotten to actually listen to and understand these rights before they continue an interview with the police.

Many times I have reviewed police interviews and heard the following exchange take place:

Officer, “Having been informed of your rights do you fully understand them?”
Defendant, “Yes.”
Officer, “Ok, now tell me, was the pot we found yours?”
Defendant, “Yes.”

In the above situation, a defendant would be wise to state, “I’m sorry officer but I do not wish to answer that question.” Or better, if the defendant were to ask for an attorney, the interview must immediately cease.

When the Miranda rights were first established, it must have been such a surprise to defendants, “Wait, you mean I don’t have to answer these questions? Great!” Now the meaning of the rights has been eroded by television and popular culture that defendants space out and ignore the substance of what the officer is saying.

So please, remember, you actually do have the right to remain silent.

Kirkwood OWI / DUI Weekend Program in Iowa

Sometimes the Court will allow a person convicted of OWI to complete their mandatory 48 hours in jail by attending the Kirkwood OWI Weekend Program. When a deferred judgment is granted, the Court will often require this course as part of the probation. Either way, the OWI program is a great alternative to spending 48 hours in the county jail.

Not only will this program often fulfill the mandatory jail requirements for an OWI conviction, but it will satisfy the Iowa Department of Transportation requirements for a 12-hour class which is required to get your license back after a OWI conviction.

Does Pleading Not Guilty Anger the Court? (Iowa City)

I have been asked this question many times in one form or another. The short answer is “No.”

What does anger the Court is when a defendant rushes into a guilty plea, then wishes to withdraw the guilty plea claiming they did not know what was going on.

For simple misdemeanors, the judge will generally ask a defendant how they wish to plead while the defendant is still sitting in jail during his initial appearance. If that defendant is unsure in any way as to whether he should plead guilty or not guilty, the correct answer is, plead NOT guilty.

"Operating" While Intoxicated / DUI in Iowa

As I have stated elsewhere on my website, the Iowa legislature has decided to call our drunk driving offense “OWI” for Operating While Intoxicated, (also called Operating While under the Influence) as opposed to many other jurisdictions which use the term “DUI” for Driving Under the Influence.

Part of the reason for the “Operating” distinction is that a defendant does not have to actually be driving anything to be found guilty of this offense.

With this terribly cold winter there have been more and more cases of people operating motor vehicles as opposed to driving them. What does this mean?

Operating While "Intoxicated" / DUI Iowa

There are three ways to be “intoxicated” or “under the influence” as defined by the Iowa Code for the offense of Operating While Intoxicated.

Let’s start with what the actual law (Iowa Code §321J.2) says:

1. A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions:

a. While under the influence of an alcoholic beverage or other drug or a combination of such substances.

This means that a person is guilty if they are “under the influence,” as determined by the officer’s various field sobriety tests and the officer’s judgment. This is generally caused by drinking too much alcohol, but the law states that the “under the influence” can arise from any combination of legal or illegal drugs and/or alcohol.

So if a person drinks alcohol so that the alcohol has influenced their driving, then they would be guilty. If a person ingests illegal drugs to the point of allowing the drug to influence their operation, that person is guilty. (More on that point below). But surprisingly, if a person consumes a legally prescribed (or even a non-prescribed, over-the-counter) drug and that drug influences that person’s operation of a motor vehicle, that person can be found guilty.

Iowa Code §321J.2 (OWI)

321J.2 Operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI).
1. A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions:
a. While under the influence of an alcoholic beverage or other drug or a combination of such substances.
b. While having an alcohol concentration of .08 or more.
c. While any amount of a controlled substance is present in the person, as measured in the person’s blood or urine.
2. A person who violates subsection 1 commits: