After a defendant is determined to be guilty of a given a offense, whether by plea or trial, a sentencing hearing will be set. Sentencing is where penalties are determined by the court, and is also the point where a conviction would take effect. For lower-level crimes, such as simple misdemeanors, sentencing will usually occur [...]
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 [...]
The State of Iowa has the crime of Public Intoxication, which prohibits that a person be 1) in public and 2) intoxicated (or simulating intoxication). When these criteria are met, the officer can effectuate an arrest and perform a search. There is not a whole lot to add here. The legislature has not defined “intoxication.” [...]