An Iowa OWI / DUI consult can take up to an hour, depending on the amount of questions the potential client has. But even if the conversation can only be a couple of minutes long, I make sure everyone knows the following:
1. Know the date of your drivers license revocation. If arrested for OWI in Iowa City, it is likely that you are facing a license revocation in the near future. If the breath test was a failure or a refusal, then this revocation will begin 10 days after the date of the test, with the date of the test itself included. (Thus it is always less than 10 full days). If you did not have an Iowa drivers license at the time of the arrest, then it would be your “non resident driving privileges” that are revoked, and not your actual out-of-state drivers license. Either way, this means do not drive in Iowa during the revocation period. It only takes a minute to review your IDOT paperwork and determine when and if your license is revoked. Driving While Revoked is a very serious crime, and that is why it is very important to know the revocation dates immediately.
2. Decide whether to appeal the revocation, and whether to ask for a Stay of Revocation. Appealing the Iowa DOT revocation is a right that must be requested within the above 10 day period. There are many consequences regarding the revocation dates and holding the appeal itself that require more analysis than a blog article can provide. This is why it is important to discuss an OWI charge with a criminal defense attorney before these 10 days expire.
3. Schedule your Substance Abuse Evaluation. In Johnson County, it is likely the judge ordered you to schedule or complete a Substance Abuse Evaluation within 10 days. Most judges are only concerned that you schedule the appointment right away, and not necessarily complete it within that period. Nonetheless, it is something that should be taken care of early in the case.
4. Hire a criminal defense attorney prior to the preliminary hearing. Unlike the 10-day limits listed above, this step generally does not have as immediate of a deadline. A preliminary hearing in Johnson County can be scheduled several weeks down the road. Making a final decision about which lawyer to hire before the preliminary hearing is a good rule of thumb, but not an absolute requirement. The preliminary hearing is generally the earliest date the prosecutor would take their first step, so it is a good idea to have a retained lawyer ready to respond.