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. [...]
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 [...]
read moreIowa 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. [...]
read moreKirkwood 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 [...]
read moreDoes 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 [...]
read more"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 [...]
read moreOperating 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 [...]
read moreIowa 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 [...]
read moreIowa Code §124.401 (Possession of Controlled Substances)
124.401 Prohibited acts – manufacturers – possessors – counterfeit substances – simulated controlled substances – penalties. 1. Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with the intent to manufacture or deliver, a controlled substance, a counterfeit substance, or a simulated controlled substance, or to act [...]
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