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 More… from Iowa OWI / DUI Law: Use of the PBT Results at Trial
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 More… from Iowa Jury Instruction for OWI / DUI, Test Refusal Law
In State v. Garrity, an Iowa Supreme Court case released last week, the Court clarified the duties of police officers when a defendant requests to make a phone call. Iowa law requires police officers who have someone in custody to allow that person to call, consult or see a member of the person’s family, or […]
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 […]
Read More… from Iowa OWI / DUI Field Tests – The Law on Walk and Turn
How much information do police need to make a valid investigatory stop? A recent Iowa Court of Appeals case discussed this question in resolving whether an anonymous, corroborated, tip was enough information for an officer to stop someone alleged to be intoxicated and about to drive. The defendant, Guy Christoffersen, was charged with his second […]
Read More… from Iowa Court of Appeals on Investigatory OWI Stop
Cedar County, Iowa contains the county seat of Tipton, and also a stretch of Interstate 80 to the east of Iowa City and to the west of the Quad Cities. In Cedar County, many of the references made elsewhere on this blog regarding OWI prosecution still hold true. For example, the mandatory minimums still must […]
Under Iowa law, people with OWI 1st offense test failures over 0.10, or test refusals must get an ignition interlock (“blow & go”) device installed on any vehicles they wish to drive or own, if they want to get a work or school permit. With a first offense, a driver is always eligible for their […]
Read More… from Iowa OWI 2nd Offense, and the Ignition Interlock
When stopped in Iowa under suspicion of an OWI, the arresting officer will undoubtedly take the suspect to a testing station to administer the Datamaster breath test. The Datamaster is the more accurate version of the hand-held breath test (called the PBT for preliminary breath test) that is administered in the field. Although the Datamaster […]
Read More… from OWI Law – Consent to OWI Breath Test or Refusal?
With the icy weather and cold temperatures invading Iowa, it’s time for another reminder of the whole “O” in the OWI offense. For whatever reason, Iowa has decided to call the “DUI” offense “OWI.” The law refers to this as both “Operating While Intoxicated” and in the same statute, “Operating While under the Influence.” So […]
In a case decided this week, the New Jersey Supreme Court held that when police officers invoke New Jersey’s implied consent law, and request a breath sample from a motorist they suspect was driving while intoxicated, officers must inform the motorist of the consequences of refusing the test. Further, if the person does not speak […]