During most police stops on suspicion for DUI / 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 […]
Read More… from Refusing to Blow During an OWI / DUI Stop in Iowa
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 More… from Substance Abuse Evaluation for Iowa OWI / DUI
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 / DUI, 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 […]
Read More… from Johnson County OWI / DUI Deferred Judgment Update
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 […]
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 More… from Briefly Crossing the Roadway Edge = OWI / DUI Stop in Iowa?
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 […]
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