Iowa'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 [...]
read moreIowa Law for Fake ID's and Alcohol
There are several different ways underage students obtain alcohol in Iowa City. And although all of the methods I have listed below are a means to the same end, choosing one of them can get you a ticket, whereas another can make you a felon. Let me tell you how NOT to obtain alcohol underage.
read moreIowa OWI / DUI Field Tests – the "Eye Test"
One of the standardized field sobriety tests that today’s officers employ is the Horizontal Gaze Nystagmus test (HGN) also called the “eye test.” The HGN is one of the most tricky and generally most damaging pieces of evidence a prosecutor can present in a borderline OWI trial. It is also a very powerful tool used [...]
read moreBriefly Crossing the Roadway Edge = OWI / DUI Stop in Iowa?
One of the positive cases to surface in Iowa regarding OWI stops is State v. Tague, 2004. When a motion to suppress is filed in regard to whether a car was stopped for weaving, Tague is usually cited. In this case, the defendant was traveling on a four lane highway, with a painted median dividing [...]
read moreIowa Definition of "Intoxication" for Public Intox
The first place to look to find the defining law for a criminal charge is to the Iowa State Bar Association’s approved jury instructions. For (almost) every charge in Iowa, there exists a standard jury instruction which defines what elements the jury must determine have been met for a guilty verdict to occur. And in [...]
read morePublic's Right to be on Public Streets?
…who may have consumed a small amount of alcohol… That’s the issue in the Iowa Court of Appeals case State v. Bolden in 2005. Mr. Bolden was arrested for public intoxication, and he argued that the statute was unclear, vague and overbroad. He stated that the current public intoxication law results in: “Iowa Citizens, of [...]
read moreSleeping 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 [...]
read moreJohnson 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. [...]
read moreSubstance 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 [...]
read moreRefusing 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 [...]
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